Batman's UE Diary

[Batman]

Re: Batman's UE Diary

Ok, makes sense - let me check all the agreements and I'll respond to each post with whether it is enforceable or indeed unenforceable - at least then you'll know where you stand right?

However for the moment just stop communicating, period. Writing letters is not an admittal of debt that would affect SB however a PPi reclaim obviously is

So those you've got any kind of claim with are now reset so avoid all contact now, check with us first before replying to anything - yea?

I'll check your 500 emails now and clarify the position of each of the 8 accounts above for you - give me a few mins....

Roger that - cheers mate...

[Never-In-Doubt]

Re: Batman's UE Diary

Account 6

HFC /Beneficial, card - (assigned to 1st Credit Ltd in 2008)
Balance: £798.62
Last Paid (to 1st Credit) - 12 January 2009
Status - defaulted on – N/A

This is as you know unenforceable as I explained in the secure section due to it being a part s.18 error in that they have bundled together PPi within the actual same agreement thus the whole account is unenforceable. This explains it here: ---> Multiple Agreements


Do nothing with this for the time being. Keep us updated.

[Never-In-Doubt]

Re: Batman's UE Diary

Can you please send me one email for each of the above accounts as you've sent me them using account numbers which obviously I delete from public view - so please send me one email with "Account 1", one email with "Account 2" and so on - all I need is the agreement and the terms that were sent to you along with the cover letter as this tells me if they're claiming it to be a recon or original....

I cannot use the old emails as they no longer make sense, ie too many for the same bank!

I'll await the emails.

[Batman]

Re: Batman's UE Diary

Can you please send me one email for each of the above accounts as you've sent me them using account numbers which obviously I delete from public view - so please send me one email with "Account 1", one email with "Account 2" and so on - all I need is the agreement and the terms that were sent to you along with the cover letter as this tells me if they're claiming it to be a recon or original....

I cannot use the old emails as they no longer make sense, ie too many for the same bank!

I'll await the emails.

Right - I am on it...

[Never-In-Doubt]

Re: Batman's UE Diary

Account 1

Halifax Bank of Scotland - Preference account

Balance - £925.87
Last Paid - 22 June 2009
Status - defaulted on 21/6/07

This is weird,

a preference account is actually exempt from the CCA1974 so you have no automatic recourse to their legislation.....

I would continue to ignore this for now and await SB - if they hassle you then let us know, but for the moment we need to get stock of everything - I also think it would be wise in a few weeks to arrange a new CCA Request for each account so we can check what the bank thinks is what account cos right now everything is all over the place and I suspect HBOS are mixing paperwork up but they may well be enforceable so we gotta get this right - understood?

[Never-In-Doubt]

Re: Batman's UE Diary

Account 2

Halifax Bank of Scotland - Fixed sum loan

Balance: £9,881.64
Last Paid – 15 July 2009
Status - defaulted on 28/9/07

This is also weird, but somewhat easier to navigate and it does indeed fail under s.18 so would be unenforceable. Just to clear up, a preference account is a type of revolving credit based product that attaches to a loan, like a bank account overdraft. Therefore yes, you will have two agreements, one for the loan and one for the preference account. The pref account comes with a debit card so you'll also get that - in theory thus it'll contain 3 account numbers;

1. The loan account number
2. The Preference account number
3. The debit card number

This though fails under s.18; as previously discussed and so the loan element is unenforceable but the pref account is exempt so best to ignore both, and see what develops.

Keep us updated yea?

[Never-In-Doubt]

Re: Batman's UE Diary

Account 3

HBOS (Originally – Retail Financial Services, unsecured personal loan)

Balance: £13.895.00
Last Paid – summer 2009
Status - defaulted on – N/A

As above - this forms a default with respect to s.18 as all the loan is lumped together and also the terms are totally incomplete and thus this is 100% unenforceable. As above, just sit tight for now.

[Never-In-Doubt]

Re: Batman's UE Diary

Account 4

Bank of Scotland; Preference Account

Balance: £1331.97
Last Paid – 22 June 2009
Status - defaulted on 21/6/07

This is also unenforceable as it lumps all the parts into one section, ie the arrangement fee is added to the total loan etc so under s.18 this is also totally unenforceable, along with the fact there are no prescribed terms present...

[Never-In-Doubt]

Re: Batman's UE Diary

Account 5

Bank of Scotland; Credit Card

Balance: £7,487.39.
Last Paid – 22 June 2009
Status - defaulted on 13/2/09

This is unenforceable for various reasons none more so than all the mixed terms that they purport to be originals, some say APR as 16.9% and others mention 23% whilst another mentions 9.9% - which is it to be then?

Thus along with the PPi not being presented on separate prescribed terms this is also unenforceable.

[Never-In-Doubt]

Re: Batman's UE Diary

Account 7

Capital One, Visa Card

Balance: £1.061.06.
Last Paid: 25th August 2009
Status - defaulted on 4/2/09

This has no prescribed terms and like you say is not relative to the original account thus it is unenforceable

[Batman]

Re: Batman's UE Diary

After piling up the data for several years we reckon we have the correct paperwork off HBOS. We have asked for many clarifications and have a sea of letter about it. FOS also agree it is correct after we put it on a plate for them. OK - will get the deckchair out for 6 years ...thanks ..

[Never-In-Doubt]

Re: Batman's UE Diary

Account 8

Citi Financial (formerly Associates Capital Corporation)

Balance: £1470.71
Last Paid: 25 August 2009
Status - defaulted on – N/A

This is same as the rest, they've sent two opposing sets of terms both purporting to be their own - basically it's also unenforceable



You have some good cases here so just sit-tight now and see what happens, stop stressing and let things come to a head - that may mean ignoring the FOS as well, if it won't benefit you then don't fight it.....

[Batman]

Re: Batman's UE Diary

Nid - it is wonderful and a great relief. Many thanks.

"may mean ignoring the FOS as well, if it won't benefit you then don't fight it"

This is exactly what we felt. FOS are in a serious pickle over all this and giving conflicting advice. One FOS guy tells us that if the accounts are UE we should not have paid a penny and to forget PPI reclaiming - another comes on and backtracks on what the previous FOS man said. A real flying circus this is...

I would be happy to drop FOS like a hot cowpat due to the aweful stress they have given us. I do however expect the banks to go into collection overdrive AGAIN if I do...lol

Odd about 'one' preference account (Account 1) being possibly enforceable and the other not eh?

HBOS have stated clearly several times that this one is linked to the loan that heads this pref (Account 1)agreement so ???

Therefore IF tHE DCA says they have the agreement they are holding onto a 'loan numbered' agreement that they should NOT know about and not BE pursuing ...Hello ICO ...lol


what a muddle lol

Great stuff anyway

Thanks again

Will add to these as I can..

[Never-In-Doubt]

Re: Batman's UE Diary

Odd about 'one' preference account (Account 1) being possibly enforceable and the other not eh?

Not enforceable mate, just not established properly which loan it is linked to however it will be UE as it needs to link to one, and none of the loans are enforceable anyway so they'll all fail on s.18 regardless, thus these Pref things will as well, however they are exempt from the CCa - its something totally different lol. Think of them as overdrafts, you can safely forget them or negotiate F&F for pennies if it ever got that far!

As I say don't worry about them..... just see it through and update us here before replying to anything now, trust us - we'll help you draw a thick line underneath this whole episode....

[Batman]

Re: Batman's UE Diary

"thick line underneath this whole episode..."

BRILLIANT!!!!!!

They told me there was life outside all this horror - I laughed, said don't be daft and thought they were kidding

BUT THERE IS.......

Cheers mate...