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.

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.

Hi cerberusalert, thanks for the info,

should I ignore for now or write to tell them whats gone on before and they should never have been sold the debt?

I've recieved a "letter" (more of a leaflet) from these people regarding an old debt with CL finance which was was defended at court and they discontinued.

They Quote the original acount number (case number they call it), just a PO box address and no other company details. Phone numbers, and bold type...DO NOT IGNORE THIS LETTER.

I assume its a try-on. Should I even bother to explain?

Hi All,

after all this time (notice of discontinuance 7th july 2008) I have recieved out of the blue a letter from a company called UK Default recovery. they quote the original case number and very little other info. Big bold title .....DO NOT IGNORE THIS LETTER then just phone numbers basically. No head office address just a P.O. box.

Has anyone heared of this company?

Well cpr38/7 seems plain enough!

I've dug out the notice of discontinuance (just to check) and its for myself + 1 other. And it states "All proceedings" So we'll see if they come up with something.

Thanks again.

thanks again citizen,

I haven't ( and don't intend to) spoken to them on the phone other than before they dropped the case. Its my guess that they testing the water again, possibly hoping that we have distroyed all the info. I am assuming that any action they could bring would have to be against myself and my wife as per the original case. If they indend to take it further.. I'll soon know about it...so watch this space as they say!

I thought this too! Perhaps I should just sit tight for now and see what happens?

hi citizen,

I did ask the court to send confirmation and they said that they did not do this as the solicitors did so.

I also note that this time the letter is addressed only to me and does not include my wife who was a co-defendant with the case number they refer to. I would have thought that if they discontinued no judgement can be claimed, if none was made? I suppose they could start the whole thing again, but unless they have more ammo, I don,t see what they could gain.

Hi citizen,

Yes, I had letter of discontinuence from solicitors, and phoned the court to confirm. So I don,t see what judgement they say they will claim agianst me.

bump

Hi paul, thanks again for the quick reply,

No I didnt make an arrangment!

I did not return their form as in post 104 and the telephone conversation was as in post 148.

We dumped the DMP in august. so the last payment they had was that which had allready gone off to the CCCs. an we havent spoke to them since so they have let 3 or 4 payment dates lapse!

Hi all,

well its been a long time since they dropped proceedings But recieved this yesterday from HC solicitors:-

"It is with concern that we note you have not made payments of thius debt as arranged.

Further delay cannot be tolerated and you should note that if a remittance is not recieved at this office BY RETURN OF POST our intstrictions are to apply to the court for Judgement to be entered against you. If this course of action is necessary further costs will be incurred for which you will be responsible.

We trust that the above mentioned action will not be necessary but should we not recieve payments and no further notuice will be given.

If you wish to discuss this matter phone blah blah blah!."

Firstly, they reference the case number that they dropped, so I dont see how they could apply for judgement. and how likley is it they are going to start the whole thing rolling again on the same basis as before.?

Could it be they have more info (unlikely I know ) and can they recommence proceedings for the same claim?

Should I send PT,s "send me what you intend to rely on in court letter" or ingnore it and see what happens?

Once again, all input appreciated.

Regards,

Scampjet.

Hi mace,

there are letter here you can use

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Just ammend for your own needs.

I would suggest that you CCA your creditors.

You can reclaim charges etc from cards and banks and maybe mis sold PPI.

Have a good look round the site and post in the appropriate forum to get the best advice.

Hi willer,

A good point made by Olive. Another consideration if you do have other debts is to send CCA requests to all. Also, you may be able to reclaim charges from card companies/banks and maybe PPI.

Hi Willer,

Did you send them a copy of income and expenditure with the request? Although the answer will probably be the same, they do have a duty to consider cases of genuine hardship and a formal request with these details will help to prove that they have been informed of your situation before there was a problem (should this ever become the case). I would also ask them for payment slips as opposed to DD or SO. At least then, if you do miss or make lesser payments, the banks can't add to the misery.

Hi reallymadwoman,

Just a thought, but doesnt this mean that the club you have joined has passed your info on?

and did you agree to this?

Hi overflow,

any cooling off period should be included in the agreement as far as I know.

as for the tax... I'm afraid it is common practice to sell cars off the forecourt untaxed, but I do think that they should have pointed this out.

In my limited experience they will tax the car for you if you pay the tax ontop of the price or negotiate it in the deal.

I don't think they are obliged to inform customers there is no tax.

Hi Dakoka600,

have you put in a formal complaint to hsbc?

A complaint to OFT?

Do you have copies of letters etc?

If not I would do so and inform them that you will be claiming back any charges etc. This claim will be pospond subject to the oft case outcome but the dispute will be lodged. Send a SAR to hsbc to get all info if you dont have it and calculate charges using one of the spredsheets on CAG.

You may reclaim PPI that has been missold any time. Do you have a representative in Britain that can act for you (relative or friend)?

I fail to see why a new card would have to be collected in person as they usually come through the post anyway! Or in your case, could be sent to an associate bank in spain where you could collect it.

I am sure you will recieve more comprehensive advice from others soon.

Please dont dispare, there is an answer to this.

I am bumping this for you.

Hi oldrectory,

I have this one from pt2537:

Dear Sir,

please pass this to your legal team.

Any more frivolous threats by your organisation will be met by a claim in XXXXX County Court against your company, the grounds for such an action will be set out in accordance with the Civil Procedure Rules and CPR Pre Action Protocols

In addition, since you persistently fail to provide a copy of the contract which you allege gives a right of action, i may need to make a pre action disclosure application before the court to ensure that i have all the documents which are relevent to my potential claim

of course at the point where you fail to comply with the order of the court im sure you will be aware that my claim would succeed without question

therefore, please supply me a copy of the contract which you allege that i entered into with your organisation or the organisation which you claim to represent, doing so will avoid the necessity of making an application to the court for disclosure. please note that should it become necessary to make such an application i will produce before the court a copy of this letter when the issue of costs falls due.

if you do not wish to comply with my request , please withdraw your frivolous threats and confirm that this matter is now closed and no further correspondence will be forthcoming from your organisation

Regards

Don't know if its the one you meant, but I hope it helps.

Hi nightstar,

Have you asked them what their claims procedure is?

I note they say you need to send them a letter. I would do this anyway, as its difficult to see why there would be an arguement.

Hi forgottonone,

Have you seen this link

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letters K and L.

OK, then I would suggest the phone call to hse and see what they think. At least you can ask them to lodge your concerns.

Hi kity,

Just bumping this for you so that your post is not missed.

It maybe helpful if you could post up the letter/document so that others can give you the exact advice you need. Be sure to remove any personal data and numbers first though.

Regards,

Scampjet.