Hi Abs

Couldn't gey letters away today, will get tham posted tomorrow. Notice there is anther person on CAG received a 1st Credit letter today. Wonder how much they pay BOS for each account, is it a percentage or just individule prices, gows anybody know ?.

DS

Hi Abs

Will get these letters away tomorrow, I have sent you a private message as there is some details I dont want to publish on forum just now, hope you dont mind.

Will keep you updated as things progress.

Many thanks once again

DS. x

Have you complained or written to them about this - what did they say ? How did they describe the account ? What did their last correspondence say ?

 

If I know what has transpired before now, I can make sure that the letter I give you will be relevant inc any ref to its regulatation.

 

 

Hi Abs,

 

Ta very much for the hand made smiley face, its much appreciated.

 

Basically they have not had much correspondence from BOS themselves. The only correspondance they have from BOS is the original demand and the letter I posted up with the copies of the CCA, then Bank Retail Collections sent a few demand letters, the rest of the letters are from DCA's demanding the full amount, which the replied by standard letter saying return file to BOS as this account is in dispute.

 

The last letter from BOS is the one I posted in post #13 above.

 

Thats what I cant understand after reading all your thread it seems that you had a long drawn arguement with them, this could have been due to the state of mind my Bro & Sis/Law have been in.

 

Can't thank you enough for this help you are giving us.

 

As for the DN we shall be guide by your expertise.

 

DS

Wow Abs,

Your'e mine field of info on this account, you have really done your homework, I am so glad your on our side.

I do get the jist of this a wee bit, thats why I am so grateful for your help do not want to make things worst for my Brother.

Am I right in thinking they are trying to tell us that they gave us a Bank Account of some sort of overdraft facility but they want to regulate and run it like a Credit Card Account, but originally didnt give our the correct CCA then when they have realised this they have sent out new CCA. Which the description and some of the letters from BOS state its a Credit Card Account also the fact it has a Credit Limit I have never heard of a Bank Account having a Credit Limit, also when you have an overdraft you dont pay a percentage of the overdraft into that account every month. So obviously they are totally confused as to how they should be running these accounts.

Also we have a recent copy of their Credit Report from Experian and it states Credit Card/Store Card, I have read that you contacted Experian regarding this and they were able to confirm that it was described as a Store Card at the beginnning, is there any chance you could give me a copy of theis letter to help me draft a letter to experian(The more ammuniation the bette, however I am not too good at writting letters this is were my downfall may come in when helping my Brother, dont want to say something I shouldn't.

However not sure about my way around on this forum my sis in law has tried to help me but is very busy looking after my brother, is there anyway you could kindly give me a link to this letter that I should send to 1st and would I send this to Recorded Delivery.

If I can find it I shall get it away tomorrow first thing the quicker we try and nip this lot the better for my Brother.

So need to get a letter to Experian and a letter to 1st.

Also what about the Default Notice, is there anything we can do with them terminating the account before the default remedy date, surely this shouldn't be allowed.

There is so many things, questions going through my head just now, I don't know how you manage to keep itall stored.

DS

Hi there,

 

Ok, I have had a quick look at the uploads - and although the agreement is different from mine, it is similar to others on here - and I do believe from what I have seen it has major enforceability probs.

 

That being said, could I ask for a few more details ?

 

There are a few diff T&CS - for the same accounts - tell me when did you get which ones ?

 

The app is a split app, for a loan (car I bet !) and a preference account. Is it just the pref account that you are challenging (which I think we have a good chance) or the loan which (without seeing the figs) - appears to have all the prescribed data reqd for enforceability. Although if there was payment protection included we may have a claim there too.

 

I specifically need for you to confirm when you recd the latter T&C for the pref account, and if the T&Cs for this are headed that the account is regulated under the CCA74 ?.

 

I.e in my case, my orig preg t&cs held no ref to the CCA74, nor did the app, but the revised t&cs in March 2009 had CCA74 all over them ... (which suited me just fine) !!

 

Can you also confirm if the account has been defaulted ? Can you post up a zip of the default notice ?

 

Finally, no more worrying for you and your brother, you are no longer on your own, as everyone on here will help and give you as much guidance and support as possible. Of course I will fullly support you and share my experience, and guidance on how I have handled BOS until you no longer need it, or you decide I'm talking poop (the former I hope !!)

 

Abs x

Hi Abs

Many thanks for looking at these forms...now answers to your questions.

This was a personal loan not for any specific item and Preference Account taking at same time in 1997. Also all paperwork was delivered by courier to their home and signed at home (Does this make a difference to the cancellation part - seem to remeber reading somewhere on this maze that there is a difference)

All copies posted last night where received in 2009 when they requested copy of CCA. It does state copy of current T & C so I take it that one copy is the original and the other an update. I shall post up accompanying letter.

bos response.zip

Account was defaulted then terminated before Default Remedy date, they did send a letter of Rescindment (have I got that right). Can post default and termination notices up if you want not sure about keeping dates in, in case they can identify them.

You certainly don't talk a load of poop. We cannot thank you enough for the help, support and guidance you are offering us. There is a lot of kind people on here and I only hope we can help you all in some way possible.

DS

Hi

It does appear that BOS and 1st Credit have been extremely busy over the past week or so thats 4 people on here up till now received these notices, do they sell them in batches or individually. I have read a few other threads on here but they dont seem to have had these notices yet.

DS

Hi avacados

It seems as though 1st Credit has bought a whole batch of preference accounts abby25 and relatives of mine all received letters from 1st Credit yesterday.

We need to get together and fight this one in unison.

DS

Another try, fingers crossed

bos.zip

Hope this works Abs.

Sent copy of CCA and T & C.

You could scan them into photobuck and write your link in your post - I will take a look at them and give you some feedback. If you do it this way others can have a look too and also give their comments (may be an idea to remove all names,address and acc nos - photocopy and tippex out if thats easier).

Hi Abs

Uploaded these picture to photbucket but not sure how to link them to here.

By the way reported post above not sure what its about.

DS

Hi Abs

Tried to post copies of CCA and T & C and a few other bits and pieces but CAg wouldn't let me post them as I don't have enough posts yet, seemingly you need 20 posts before yoou can put a link in.

Not sure how else to do this.

Will have to try and get 20 post on here ASAP as this is affecting my Brothers health very badly with worry, I wish he hadn't seen the letters from 1st Credit. His wife is also finding it hard to care from him just now due to the worry of this lot.

DS

Hi Abs

Your help and guidance would be gratefully appreciated, I shall get as much of the paperwork uploaded onto here tonight.

This has been ongoing since June/july 2009 gone through a few DCA's with many letters back and fro letting them know that the CCA was unenforceable.

On some the letters they BOS state Credit Card and on some Overdraft facility dont think they can make up their minds.

I would say you have more than a fair idea on how to handle this lot, after reading your thread I think you have done a marvellous job with BOS and such.

I dont want to mention too much on here just in case they can identify my Brother, he does have a thread that was started about a year ago on here but the name he went under on CAG is too close for identification, hence the reason I have registered to try and help them.

If you want I could always private message you with their details, if you want, however I shall post copies up tonight, bear with me, not too computer minded but will give it a go, waiting on somebody guiding me through posting instructions.

DS

Snap Abby25,

They must have purchased a batch of Preference Accounts from BOS

My Brother and his Wife have just received a letter from 1st Credit and BOS stating they have sold Preference Account to 1st Credit.

I have read your thread with great interest, my Brother had a thread on here but is too ill to manage it, therefore we are trying to help them fight BOS and 1st Credit.

I have just joined and posted up a new thread today to try and help them through this dilema. Hopefully with you and a few others on our side we may all be able to put this lot to sleep for good.

They have tortured my Brother and his Wife for the past 3 years regarding this account, with the amount of interest they have paid to it they could have cleared it ten fold. BOS are greedy ********.

The agreement we have is like a two side (Side by Side) agreements one for a loan and one for preference account. I shall try and get them posted up tomorrow night and get the name of the original thread that my Brother was posting on. Also I am sure I have seen a copy of the same T&C in his paperwork that you have posted up

Any guidance would be a tremendous help to us.

If we can fight this battle together we may have a chance of them falling and not getting back up.

DS

Hiya

I am starting this thread for a relative of mine who used to have threads on CAG but is now too ill to use them so thought it would be better to start new thread.

They had a BOS Preference Account for many years, until financial difficulty hit them a few years ago due to ill health, meant they could meet payments. Bank was not interested in helping even although they had paid mega interest to this account.

Then BOS unlawfully terminated before remedy date on default notice.

Then they received a copy of the CCA which seems to be unenforceable according to people on CAG and similar copies can repost copy on this thread.

Now, after many months they have received a letter from 1st Credit stating this account has been assigned to them, not sure what to do for them or where to turn.

Should I request a copy of the CCA for them from 1st Credit (They have received a copy from BOS many months ago).

This account has been in dispute with BOS for a few years now, should they have sold this account on.

Can anyone help please...

DS