In need of major help, what do i do next?

[mfpa]

Originally Posted by kennyparkroad

But because of probs with bank they took a payment out in Feb and March, it was cancelled properly last week, bank apologised for the delay/fault.

Just to prove the "Direct Debit Guarantee Scheme" is completely worthless, why not try instructing the bank that the monies incorrectly debited from your account be reinstated?

[kennyparkroad]

in the process of it

[kennyparkroad]

ok guys just to update you quickly

CCA'd Blair Oliver and Scott regarding a 6k loan in December 2006

have not heard ANYTHING from them until today (because they couldnt get payment out of the bank at beginning of April presumably)

when they sent a text to my mobile phone saying i was to ring them NOW!

They have committed an offence by not responding, but i think they might have the paperwork, i was just chancing my arm with this one.

What course of action do i do now?

Kenny

[kennyparkroad]

was thinking of sending them this


11th April 2007
Dear Sir/Madam

I wrote to you on the 18th December 2006 requesting a copy of the executed agreement under the Consumer Credit Act (1974). I also asked for a statement of account and I note that this has not been provided.

A copy of that letter is attached for ease of reference and the request therein is explicit.

I also requested an executed deed of assignment documenting your involvement; this too has not been supplied.

Subsequently, on 7 February I wrote again, requesting all data pertaining to me to be deleted as you have failed to comply with my CCA request.

Again a copy of that letter is attached for ease of reference.

However, despite my requests, which are perfectly legal and valid, none of this has been satisfied.

I now note that you have contacted me today via my mobile phone.

This comes in the wake of my specific request that we conduct this matter in writing so I therefore hold you in breach of the Malicious Communications Act 1988.

I hereby repeat that you do not have my authorisation to phone, text or email me and that you must remove my mobile number, house phone number and any email addresses held immediately from all records you hold on me, you will appreciate this is my right under the Data Protection Act 1988.

The date and time of this call has been logged and I will continue to keep detailed records and/or recordings of any conversations we might have should you decide to call or text me again.


Further, if it happens again, I will refer the matter to my local police station and press charges against you.

Kindly acknowledge this letter and respond to my previous communications in full on or by Friday 20th April 2007.

Failure to do so will result in this matter being referred to the Office of Fair Trading by way of a formal complaint about your continued harassment of me and your ongoing unfair conduct.

Yours faithfully,

[gizmo111]

Kenny - do you bank with the halifax?
Ifyou do withdraw all your cash now.
They have been known to pay BOS under the right of offset.

[kennyparkroad]

no i bank with a Scottish Bank.

Royal Bank of Scotland, and have cancelled the Standing Order, so they have NO authorisation to take money out my account.

Any advice on next course of action?



PS - thanks for the tip.

[PriorityOne]

Hi Kenny... thank you for the PM and I hope you are feeling better. I have changed your letter to the one below.... see what you think.

Dear Sir/Madam

I refer to my letter of 18th December, 2006 which made a legal request for a true, signed copy of the Consumer Credit Agreement in relation to the above account (Consumer Credit Act, 1974), together with statements of account. To date you have failed to comply with my request and therefore, no further payments will be forthcoming until such times as this document can be produced and re-enforced in court.

On 7th February I wrote again, requesting that all data pertaining to me was to be deleted from your system(s) and any defaults that had been entered against my name be removed, as is my right under The Data Protection Act, 1998.

To date, I am disappointed to note that none of my requests have been satisified. I therefore demand that you now refrain from processing ANY further data pertaining to me and provide written confirmation that all defaults have been removed from my credit files.

More recently, I have also been receiving telephone calls from your company despite requesting that ALL communication is to be in writing. The date and time of today's call has been logged and I will continue to keep detailed records and/or logs of any further conversations and/or texts that you may attempt to make in contravention of my explicit instructions.

Your signature for receipt of this letter represents proof that its contents have been received. Therefore, any further failure to adhere to my instructions will result in a formal complaint being made to the relevant authorities, including but not limited to Trading Standards and the Office of Fair Trading.

Yours faithfully,

[kennyparkroad]

thanks for that, i will fax off in the morning.

even if they do have the documents, its well past the 42 days, i might get them to take me to court and go the compen route so see if i can get damages as this has greatly affected my health and im now on medication for blood pressure etc.

will see what they come back with, ill FAX this in the morning and print out a header to say it got there but will also send recorded delivery.

thanks again

Kenny

[kennyparkroad]

letter faxed, header sheet printed.

and im sending recorded delivery at lunch time too

[kennyparkroad]

Today i got another call on my mobile, this time i answered, and went through security steps, i then asked for the name of the caller, which i was given


i then in 5 seconds said


"i refer you to my correspondence which you should have on file which tells you that you do NOT have my authorisation to contact me in any manner apart from writing, by phoning me on this number you are not only igoring my request for all communication to be in writing but as you are phoning my mobile after i requested you dont
once again if you want to communicate with me do it in writing."

i then hung up.




wonder if they will phone back???

lol


PS

Blair Oliver Scott is listed as a 'non trading company' at Companies House.

And that they don't file accounts... naughty boys.
So they shouldn't be doing any business at all..??


can someone clarify/verify this?

[smartmartian10]

The last muppet at Blair Oliver Scott I spoke to admitted to me that they worked for the Halifax - "thats what is on my payslip each month" were her words. Though only because I refused to do security with her as the security was between Halifax and me!!!!

[kennyparkroad]

so can they trade or not?

as they are listed with companies house as non trading.

[kennyparkroad]

does anyone know if they are NON TRADING as company house suggests? if they are, there in trouble!

[smartmartian10]

I had previously sent harrassment letter to Halifax.

So after my conversation with BOS sent them a copy and told them I didn't care what banner or flag of convenience they choose to hide behind all communication in writing. They haven't called since.

I just google searched Blair Oliver Scott and found this - they appear to be in house solicitors for Bank of Scotland

Linked Banks and Creditors | Payplan

SAYNOTO0870.COM - Blair, oliver and scott limited

[kennyparkroad]

so they are able to trade then?

if they are in house solicitors, are they allowed to collect payments?

[PriorityOne]

Hi Kenny,

If Blair, Oliver & Scott are an in-house DCA...owned by the original creditor, then they are able to share their license to process data, providing they are not a limited company. I assume that the same rules apply for an in-house legal team as well.

If a DCA is not owed by the original creditor however, then they would need a separate licence of their own.

I will re-read this thread when I get in from work though.... as I am replying on the sneak.... and will have to log off in a minute !