Hi all,

Could somebody help me with this credit agreement IE. enforcable or not!

the personal loan side has the signatures of both my wife & myself. And the insurance is also signed for.

On the Preference Account side, My wife is the applicant. there is no aurhtorised user specified. And I signed the agreement. This has been struck through with 3 lines as if cancelled.. but I was the one who was issued with a preference card.

As you can see, the insurance on the loan had been lumped in!

I would appreciate any input as to what mileage is in this agreement. We are about to S.A.R. BOS and would like to know where we stand on this first.

Thanks to all,

scampjet.

img002.pdf

Just bumping this for you Scampjet.

In the meantime, have you looked at this thread here.

Sorry to post offtopic in this thread but a passing comment - couldn't HBOS think of a more creative effort when naming their in house DCA-lite than just making up some names to match their own initials? It doesn't say much about the quality of management in that bank!

Any opinions/input on the agreement please?

I can't help on the agreement, but I've posted a link to this thread on the 'Consumer Credit Act Agreements' thread, so hopefully one of the experts will be over to have a look soon.

Cheers reallymadwoman!

I did'nt know there was one!:o

On the subject of the preference account, I have an almost identical agreement, which actually purports to be an agreement for a bank account. I have disputed that the 'agreement' is enforceable for the reasons on this thread:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112921-bos-preference-account.html

I've had no response from BOS.

It looks enforceable to me, although I haven't done the maths.

Hi tomterm8 and thanks for looking,

Regarding the maths, (and without totting it up) I would be gratful if you would let me Know how you read the loan figure . Does this have to be clear to make it enforceable? It maybe just the copy I have been given but it looks like 1300 to me (clutching at straws). On the preference account, its my wifes name at the top (applicant) signed by me, then struck out with 3 lines.

Until I SAR BOS I can't remember what this account was for but I still have the switch card that came in my name.

Also, I note that on the agreement it is titled "step 2". I don't know what step 1 was! But I assume there was one.

I read the maths as 4,300, with PPI of 1591.50, total credit 5891.00 .

I assume the signature is yours? In which case, if they paid you the money, the incorrect name / address would be enough to make it improperly executed, but IMHO the judge would think you were having a laugh.

Worth PMing curlyben to see what he thinks, however.

It looks petty ok to me.....sorry

The maths seem ok....haven't checked the apr though

Dave

Thanks tomterm8 much appreciated!

I will ask curlyben as you suggest, but may I ask if the ppi would be claimable as it was sold lumped in the balance?

You would be able to reclaim the PPI... if the PPI was sold as optional, then it is correct, if it was sold as obligatory it should be in the total charge for credit, which AFAIK would make the agreement unenforceable.

thanks dave,

Like I say, probably clutching at straws....but I had to ask;)

Hi tomterm8,

the insurance section has my wifes name printed in it by them.

total amount payable has £1591.60 added.

LOOKING AT THE FORM

the signature is dated 2003 but the references to data protection are in the style used when the old data protection act applied (pre march 2000)

the data protection act 1998 did not come into effect until march 1st 2000 ------------

so this application form has not been updated as it should have been from march 1st 2000..................... now the question is are there any implications of the above ????

could you post the terms and conditions in non antipodean mode (right way up)

regarding that preference account it does not say it is regulated by the consumer credit act 1974 ,,, but this is only for the minor £500 overdraft

note the form is dated oct 2001 bottom right corner ???

Interesting.

I would certainly be inclined to reclaim the single premium PPI as these are generally missold. PPI Reclaiming Guide: Free template letters to get £1,000s back on loan insurance...

There is NO reference to it being an optional extra for this loan. That alone is important. Further information on that aspect here: PPI Reclaiming Guide: Free template letters to get £1,000s back on loan insurance...

I'm also not happy about the £89 "admin fee", something is ringing bells here, but I can't put my finger on it.

Hi fantasy charges,

Non antipodan T&C's.

img003.pdf

Hi curlyben,

One of the problems we have with this is that we don't know who we would claim off!

the loan as per the agreement is With Gus finance limit

( if they still exist) and the balance owing is with BOS.

I can't remeber who the original creditor was I think it was bank of Scotland.

What confuses us even more is that the Preference account agreement is between us and Capitol Bank.

We don't know how much of the total balance is from which creditor.

Also, we had been paying this to BOS for a number of years,

before we had a DMP and via ccc's for about 3 years.

The balance is still standing at about £8000.

We are about to SAR BOS to find charges etc.

But obviously this will only be what they've added.

Thoroughly confused!

In the insurance section(part 2) only my wifes name is included (printed in) Yet we both signed the loan agreement.

If I remember correctly,

we were contacted by Bank of scotland by phone

and asked if we wanted this loan,

then the papers were sent out to us.

After nearly 4 years of not hearing a word from them and paying £10 per month by standing order,

our last payment was returned to our bank as unaccepted due to incorrect details.

this morning we had a letter from BOS to say that we have defaulted and need to contact them to make the installment.

My wife made the payment over the phone and was asked to increase the amount

because it had;nt been reviewed for 4 years and should have been reviewed six monthly.

We have had no contact from them all this time and have not missed a payment.

BOS accepted the £10 a month after we closed down our DMP as this was the only way we could stop paying

our other creditors and dispute the debts with them.

With the help of this forum and months of very stressful wrangling,

we successfully fought off all our other debts and having no pressing DCA or threats etc from BOS,

let sleeping dogs lay and continued to pay each month.....

Just goes to show that sleeping dogs will jump up and try to bite you on the bum if they get the chance!

I'm expecting more to come of this.

They say that because we have defaulted (rather than they returned the payment)

the account has been put on hold until Feb 2nd.

They are going to send a financial schedule form which we will return and will show that we can ill afford

to pay more than at present, but I get the feeling that this has been engineered to open the flood gates

for something bigger and at the same time, making out it's our fault .

I havnt got as far as digging out the files on them yet .

.....but I think we will have to be ready for a fight.

Apparently the systems between our bank and BOS are no longer compatable or some such twaddle.

We shall see whether the next payment goes through or not!

I would be grateful for any further input and advice.

Re: [problem]p]pjet-v-Blair Oliver & Scott

After nearly 4 years of not hearing a word from them and paying £10 per month by standing order,

our last payment was returned to our bank as unaccepted due to incorrect details.

this morning we had a letter from BOS to say that we have defaulted and need to contact them to make the installment.

My wife made the payment over the phone and was asked to increase the amount because it had'nt been reviewed for 4 years and should have been reviewed six monthly.

We have had no contact from them all this time and have not missed a payment.

BOS accepted the £10 a month after we closed down our dmp as this was the only way we could stop paying our other creditors

and dispute the debts with them.

With the help of this forum and months of very stressful wrangling,

we successfully fought off all our other debts and having no pressing DCA or threats etc from BOS,

let sleeping dogs lay and continued to pay each month..

... Just goes to show that sleeping dogs will jump up and try to bite you on the bum if they get the chance!

I'm expecting more to come of this.

They say that because we have defaulted (rather than they returned the payment)

the account has been put on hold until Feb 2nd.

They are going to send a financial schedule form which we will return and will show that we can ill afford to pay more than at present,

but I get the feeling that this has been engineered to open the flood gates for something bigger and at the same time,

making out it's our fault

.I havnt got as far as digging out the files on them yet .

.....but I think we will have to be ready for a fight.

Apparently the systems between our bank and BOS are no longer compatable or some such twaddle.

We shall see whether the next payment goes through or not!

I would be grateful for any further input and advice.

So we understand that there were no changes made to the standing order. This time it just went wrong - so it seems as if it is definitely bank error - but they have no seized the moment to make your lives difficult for you.

I hope that you are continuing to make the payments. You must not stop - even if they try to refuse payments. Do everything in writing - nothing on the phone - or else record your calls - get a Truecall.

What was the original instalments agreement? Have yo got anything in writing about it? If there is nothing in writing the it may be reasonable to suppose that it was meant to be subject to review at some point. How much is the debt? How long will it take to clear it at the present rate of repayment?

What is the debt?

I suggest that you don't fill out any forms until you have let us have these answers

I've moved your thread to the BOS forum. You had put it in the RBS forum