Thanks Ida....I may just do that:) Having heard nothing from Cabot for a while I got a letter from them yesterday and I am still deciding what action if any I need to take. I like to be prepared you know;)

Have I been sent to Coventry?

anybody out there?

Just a quick question....I was perusing a post about default notices and in particular one by pt2537 which sets out the "proper" form for a default notice. My question is that if a default notice does not conform to this then does that mean that the DCA never had the right to ask for payment as the account wasn't actually in default?

After reading pt2537's post I went and checked all five of my default notices and although (sadly) 3 of them seem to be correctly executed, 2 of them clearly are not, one of them has already given up and gone away but the other is from Cabot (associated credit card actually issued default) and they have been very quiet for a couple of months now as they couldn't find my CCA, but if they sold the debt on or came back to me would it give me a good defence (in addition to the lack of CCA or in case they find the CCA?)

Does anyone know where I would find a suitable worded letter? I can probably cobble something together but so many people on here are so much better at it than me:wink:

I CCA'ed BLs/TSB on 10th March this year....and reminded them on 1st May (formal complaint made)....they have sent me nothing...until today:

Thank you for your letter...regrettably, despite endeavouring to do so, our client is unable to provide a copy of the original application document because of the amount of time that has elapsed since inception of this account. Whilst the bank is obliged to hold application documents for a reasonable period of time, it would not be realistic to have retained these since your account was opened some eight years ago (actually I defaulted on it 8 years ago) (the retention period is 6 years). The onus is on the customer to keep copies of such documents.

Since the account was closed and referred for recovery action in 2000, no dispute has been received, nor interest and charges applied. We would advise that the debt is enforcable as you have made regular payments to the account, thereby acknowledging that the balance is due and payable.

Unless we hear from you with further details in respect of your dispute, our normal recovery action will continue.

Okay....so it is alright if it take three months to think of a reply then?

Anybody got any good ideas for a suitable letter to send these idiots?

I will be reporting them to the FOS along with BOS on 1st July as this is when they will have had 8 weeks from my formal complaint.

Should I bother to SAR them to see if there are any charges that should not be there or it is too late? If they haven't got the CCA then I don't suppose they will have anything else will they?

I had five defaults that have all dropped off of my now shiny clean credit files:D

Defaults are like warts...'orrible little things that drop off eventually!

I can't wait to see what they make of that:D

Par for the course for HBOS is to chance a claim if the debt is over a certain amount - on the basis that most people out there crumble at the first sight of something form the court. I don't know exactly what the figure is, probably a few thousand.

 

The way it goes with them is this:

 

• You request agreement
  
• they fail to respond and start harassing you for payment
  
• You get the illegible copy and write inform them of their continuing default
  
• They continue to harass despite this
  
• 6 months after your last payment they send an ineffective default notice and a month later register the default with the CRA's
  
• Then they either pass/sell the debt to a DCA or issue a claim
  

It really is a pretty dysfunctional organisation at the best of times, so whether they actually have an enforceable agreement will most likely never have been mentioned to the person actually issuing the proceedings. The level of training given to those at the coal face is shambolic.

 

However, I wouldn't worry. With what you have, you can easily put together a defence which would stop any claim they might issue long before it got to a hearing.

 

If they issue a default I would press hard for compensation for the damage to your financial reputation. You never know, if enough people actually do this they may just start to take their statutory obligations seriously.

I have been paying them for a number of years, the default has already fallen off of my credit records, but I assume that makes little or no difference?

After all, if they don't have the CCA it is not enforcable and it is not my place to prove that I don't owe them, it is theirs to prove that I do...if they were to come up with the goods then I would just have to continue paying them (at an amount I can afford), but I am sick and tired of being bullied by these people when I have been doing my best to pay back what I owe....the worm has turned.

So far as I am aware, and I do have rather more experience of Blair, Oliver and Scott than I would have liked, the worst that will happen is your account(s) will be passed to another agency, who will eventually run away with their tails between their legs when you point out that the account is in dispute.

 

If you haven't already sent it, head your letter 'Complaint' to start the clock ticking for a possible complaint to the FOS if the harassment keeps up.

Thanks....I have stated in the letter that it is a compaint...and it is being sent to the person dealing with my initial formal complaint for not producing the CCA....so that should be okay shouldn't it?

I have already contacted Trading Standards about Blair, Oliver & Scott but the don't seem all that interested and has already suggested that I contact the FOS....I will wait to see what this letter produces and make them my next port of call I think.

I agree that they would take you to court if they thought they had anything that was enforceable. I got rid of the BOS by sending a complaint to their Chief Executive after they started harassing me when they failed to produce an agreement. I said I was sending it to him because I didn't know the address of their complaints deprtment. He replied he would reply to me by the end of March and I haven't heard a thing from them since.

Nice one

Helmetfire,

 

I'm having a similar battle with Blair Oliver Scott and Halifax and they keep sending me snottygrams too, but all of them only ever say 'may', 'might' etc. I've had various silly responses from Halifax.

 

My own personal feeling is that if they had a watertight case, i.e. an enforceable agreement, they would take you to court. In my case they would surely have done it by now but they haven't. All they can do is threaten, harass and bully because they know that if you defend it they will lose. That's only my opinion though so please don't hang your hat on it.

 

Good luck, I will watch your thread with interest.

 

Regards.

 

Fred

They don't seem able to decide with me, on 27th May they sent me a letter saying they "will take court action to seek a judgement against you"....and then on 2nd June they "may take action to seek a judgement against you".

I know at least one person on here has beaten them, I suppose I am just trying to bolster my confidence to continue the fight....as I have two accounts with them it could take some time:rolleyes:

Thank you

Does anybody know how likely BOS are to take this to court?

Hello everbody, it had all gone very quiet after I sent CCA requests to BOS about two credit card accounts on 10/3/08. So, on 1/5/08 I sent them an official complaint "put up, or shut up" letter to get them going.

...and it has, on 28/5/08 got a letter from HBOS in response to my complaint in which they explained that:

In order to satisfy our obligations under section 78 of the Consumer Credit Act, we are only obliged to supply the following:

The application form which you signed when taking out the account, this inlcudes the credit agreement in an abridged form on the reverse. This forms the credit agreement referred to under the act and the contract binding both parties.

Validation of the debt-statements of the account showing actual transactional information together with payments and any additional interest applied comprise the infomation as actual accounting (if you understood that you are a better person than me!) The statements have been sent to you each month (no, they haven't) I have requested for the past 6 years statements to be sent under separate cover (and they did, nearly gave the postie a hernia).

Copy of the current terms and conditions of the account which when taking in conjunction with the abridged terms and conditions contained on the application form completes our obligations and constitutes a fully executed agreement. You received a copy of the terms and conditions when opening the account and I have requested a copy to be sent under separate cover.

Okay....so I have recieved the so called agreement today...it is possibly the worst photo-copy I have ever seen of an application form, I would not even be able to tell you if the prescribed terms were on it because the only bits on it that I can just about read are the bits that I filled in with my lovely handwriting!

I don't think it's even worth trying to post it for you to look at because if I remember correctly the agreement is supposed to be legible...so it falls at the first hurdle. I have yet to receive any kind of T & C's , I don't have the original ones.

Any advice on what I should do now, this is just for one account, I am presuming that if they turn up the other one it will be just as bad:confused:

Just before the postie dropped this through my letter box I had sent off an email to Consumer Direct about Blair, Oliver & Scott as they have sent me several nasty "Final Notice" threat of court action letters in the past week.

Any Advice as to my next move would be appreciated. Cheers

That is really good news....those kind of letters really make your day don't they:-D

Thank you Pinky....you are pretty much thinking the same as me....but having been out of the loop for a little while I wondered if something had happened to make people start acting differently now.

Anybody?

Well that is what I saw too....I was just wondering if that is now the general consensus....or just some people being "belt & braces" so to speak.

I don't want to rattle their cage if there is no need to...it has been so peaceful lately:D

I have been reading through a few posts having been unable to check in for a week or so and I am now confused.

It is with regards to CCAing Cabot (in particular in this case, but same applies to any other DCA).

..I was under the impression that I should sent the CCA request and then just wait for them to default

(which in my case they have)

Cabot will sent back the postal order and tell us that they are not obliged to provide the CCA

but will contact the OC etc. etc. etc. ..

..and the CAG line is to just leave them to get on with it and only to respond if

they start requesting payment or being otherwise annoying after the account has gone into default.

Now I read that some people are saying that we should contact Cabot after the account has gone into default

so that if they should end up taking it to court they can't say that we accepted their positition regarding

not being obliged to fulfill the request for the CCA.

Would somebody please enlighten me as after all the usual letters from Cabot

I have not heard another word from them for about a month now,

should I be stirring the pot...or letting sleeping dogs lie.

I have also CCAed BLS and Blair Oliver and Scott and their 12+2 was up on the 1st April

and I have not so far heard a dickie bird from either of them.

Interested to see if you get a reply to your request....sent cca to them last week and is hasn't been signed for yet.

So should I send another request to the Brighton address....I read on another post that somebody sent a request it was never signed for but when they phoned to follow it up BLS said they had recieved it:confused:

Not sure what to do for the best.

I sent a CCA request last week (11th) by recorded delivery to BLS at their P.O. Box Oxford address....so far it has not been signed for. Is this common? Is there another address I should send it to or has the fact that I have sent it enough?

Making it up as they go along seems pretty normal for Cabot...my balance was £5k and then it suddenly went up to £8k...then when I asked "WTF?" it went back down to £5k....also I have paid them several hundred off of this debt over the last 7 years, but the balance has only reduced by about £100. Thank gawd I found the CAG! 12 + 30 is up on the 22nd March...and I've had all the same letters as you:wink:

Getting a strong sense of deja vu reading this....I can't wait to see what they send us next:grin:

I am going to be sending CCA requests for two accounts to Blair, Oliver & Scott..

..which address should I send them to?

...the P.O. Box 66, Rosyth, Fife one or another?..

..I had read on other posts here that they can be difficult

and do not want to start off by wasting money sending recorded letters with postal order

to an address where they will not sign for it.

TIA