I have many threads on this board, Capital One who have sold the account to Lowells, Mint Card account being collected by AIC, Egg Card who since CCA request to Arc Europe have heard nothing. American Express being collected by Credit Solutions and Brachers solicitors. None of these have come up with an executed agreement which has the correct terms and conditions.

But after sending the request to EOS for a Bank Of Scotland account they have sent me an agreement which looks like it may be the real deal. I will post the agreement on here tommorow for the experts on here to look at. But it looks pretty goodto me. The only thing is when I sent the request i clearly added at the bottom of te page please send to the address at the top of the letter. They still sent this to my old address and continue to hound me at work, which I refuse to speak to them. If they just read my last letter they could see my address. So I have refused to respond to them unil they send me a letter to my address.

It's quite scary to think that these debt collection agencies pay tracing companies to find people, when if they only read correspondence they could have found me a lot easier.

The words "brain" & "cells" do not apply to DCA's

Here is my credit agreement:

As I say it looks the real thing. But I don't really know what I'm looking for!

Is this for a loan

Hi Hak,

Yes this is for a loan with The Bank of Scotland taken out in 2002.

Any terms and conditions come with it?

well the perscribed terms are on the agreement.

Like Belaflat says did you ge the T&C with the agreement

I can vaguely remember getting a nice thick yellow booklet given to me by the courier. Does this matter. I thought all the terms need to be on the agreement. If they are there it is enforceable.

No

If they have not supplied the Original T&C with the agreement thay are still in default

HAK

Thanks for clarifying this point hak.

I will now send them a letter asking for them to send me the original terms and conditions. But this will not need my signature on them will it? So they can send me these rather easily. So i think its time to negotiate a payment deal. Thanks again hak.

Why ask for them?

If they are in default then they cannot enforce.

Don't do the work for them.

No dont arrange nothing yet.

Send this for now

V

Thank you for your letter dated xxxxxxxx.

I must inform you that you have yet to present all the information required.

The sections pacifically states that all documents mentioned must be presented. The original terms and conditions which form an integrated part of the agreement are missing.

I must remind you that until this information is made available the agreement is still in default and any action taken by you to enforce it will be in breach of section 78 and will be reported to the appropriate authorities.

I have just had a call from a very unhappy ex-landlord who has had bailiffs knock on his door his morning. I have now sent EOS a letter saying they never replied to my CCA. But if they have sent this to my previous address can they now send this to my new address, which I had provided with them and they had chose to ignore.

I'm hoping they were field agents and not actual bailiffs.

What happens if they have applied for a CCJ at my old address and as I have not been able to acknowledge it they have managed to get one by default.

Very worried now!!

Blue

have you checked your credit file recently? You could then identify any new CCJ. If there is one at your old address,especially if it is after you told the DCA of your new address,you could try to have the judgement set aside on the grounds that you weere not served but the creditor did know your new address.

thanks Docman, I will do this.

They have been trying to call me at work but I have refused to answer them.

They would have had to have done this since christmas, so is it possible they would have got judgement that quick?

I have just done my credit report with Experian.

What is strange is it shows my current bank, phone contract. Old phone contract, old bank which was with only 2 months.

Which shows all looks good and payments up to date.

However my bank account I had for 13 years which went in default in 2004 for £1100 is not shown. Is this because it is in dispute and I have put in a claim for bank charges exceeding defaulted amount owed, which has been stayed?

Also I have defaulted on 4 credit cards which are being chased by DCA's. One of which has been sold. However only 1 account default is shown on my report. This is for Mint who I am disputing the CCA they have sent.

Why are the others not there?

This bank of scotland loan is shown at bottom of report, but does not say anything about condition of account - eg (1) (month late) or (8) defaulted, which is what it should say.

It also says that there are no records of ccj's against me.

So not sure if I can trust this information as most of my defaults are not shown.

I bumped into my ex landlord down town. He has told me he has just been denied a loan and believes this is due to the fact that i have defaults at his address. Surely the address does not matter, only the person who the debt is with.

Also he has told me the debt is for less than £1000 and he has had a letter from bryan carter solicitors case of phoenix recoveries. So this is not my bank of scotland loan. I think its for my tsb bank account, which is totally made of unlawful charges. Which has been stayed in court. Also all letters to tsb concerning this court action has been done from my new address and also the last contact concerning this debt was at my new address too from buchanan clark and wells.