Thread: BOS Visa

I have two BOS Visa cards. The 2nd one I never actually applied for but received it through the post in 2002/3 I think, and certainly never signed any CCA. I'm looking to have the default for it wiped from my CRFs.

I sent off a S78 request and received the following 2 pages along with a letter stating:

"Enclosed is a copy of the executed agreement.
.
.
.
.
.
Please note that the information we have provided you with is all the information we are able to provide you with under Section 78 of the CCA. Please also note that we are not required to provide a copy of the original signed agreement under S78 of the CCA".





Does this look enforceable (ignoring lack of sig box)? What next? Subject access request, specifically requesting a copy of the signed agreement and the application?

They have sent you a bunch of T&C's that bear no relation to the account. Send them the dispute letter as they are in default of your request. You can now stop paying them as well

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT

ACCOUNT IN DISPUTE

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.


Yours faithfully,

If you send them a SAR then you should receive EVERYTHING they have about you. If this is all they sent you, then I too would agree that there is no agreement - otherwise why not send it?

Alternatively - send the CPR request. It's free and demands your signature.....see what happens with that before giving them 10 of your pounds!!

Dear Sirs

Account number

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)


Regards

Originally Posted by craigers

Am I correct that CPR requests don't apply to Scotland?

I didn't realise you were in Scotland and I am not sure to be honest. If that is your feeling though, then go down the SAR route

i suppose in theory you could CPR them and call their bluff that you are looking to take action in an English court. Or if you don't want to do that, I'm sure half the idiots at the banks etc don't realise it doesn't apply to Scottish Courts and might send out what you request anyway.

its not part of the scottish procedure but i can't see why anything produced in relation to a CPR couldn't be used in a Scottish Court. You could just say that you intended to raise an English action but decided on using the Scottish legal system for convenience.

i believe you can request the other sides documents prior to the court hearing, but an action must already be underway. i may be wrong on both counts though.

A long overdue update: the account was settled by f&f to Wescot in 2007 but BOS came back to me demanding the balance repaid. I argued a f&f was agreed with Wescot, but they were only acting as collection agents and hadn't actually purchased the account, and obviously didn't have authority to aprove a f&f. BOS eventually accepted my account and closed the account writing off the balance.

The default was my reason for the s78 request. A SAR didn't throw any more light on the matter, it didn't even produce an application let alone a signed agreement. I initiated a complaint about the account being unsolicited, and due to hardship I had to use the card but I gave up because trading standards were clueless and tried to fob it off as a fos remit.

The default disappeared in July 2009.