Blair, Oliver, Scott - Committed an offence

[weller711]

Hi all

The above company had passed the 12+2+30 days but were still chasing so I sent them the non-compliance letter - they have responsded by sending me copies of statements but no CCA - where do I go from here? Are the statements enough? Any advice much appreciated, thanks

[Curlyben]

Get everything together and file a report with Trading Standards as they are demanding payment on an unsubstantiated debt.

[alfwithhair]

Hi CB,

 

TS response to my non-compliance of CCA request on RMA was this;

 

"They can chase the debt as long as they like including payment demands, visits and phones calls, they just can't enforce it."

 

So don't know if this is cobblers or not, but is what they told me?

 

 

[Curlyben]

ALF was that from Preston TS or your local ?

[alfwithhair]

ALF was that from Preston TS or your local ?

 

From my local Truro branch CB.

[Curlyben]

Well you need to either tell them to pass it on to Preston or do it yourself.

I'll PM you the contact info if you need it.

[alfwithhair]

Well you need to either tell them to pass it on to Preston or do it yourself.

I'll PM you the contact info if you need it.

 

Ok CB, thanks.

They didn't say anything about passing it on to Preston branch, only other thing they said apart from what I told you already was that they would be passing my comments to the OFT

[weller711]

HI CB, could you PM me with the details for Preston too, I'd appreciate it if you have the time.

[Curlyben]

Well I'll do it the easy way

 

Here you go:

 

Steven Brimble,

>> Lead Officer,

>> Lancashire County Council,

>> 58-60 Guildhall Buildings,

>> Preston,

>> PR1 3NU

 

Alf, well passing to OFT is good news, but I feel Preston TS need to know as well.

So forward your complaint over to them and tell them you have alreay spoke to your local office.

[weller711]

Thanks CB - you're a star

[weller711]

UPDATE _ RECEIVED A CCA

 

Hi

I cant copy or scan this "agreement" as my printer is broken but I'll ty and explain whats in it:-

 

 

First of all the pages are photocopies:-

 

 

The first page states : Credit Card Applictaion for Weller

 

Then my name, address, dob, work details etc are printed on it.

 

At the bottom of this page is a section for BAnk Use Only which has various boxes one of which states CL -3000 which i presume is the credit limit - this has been written on by a person

 

Then is a part which i have signed regarding credit care

 

then there is a part "applicants signature" which I have signed and dated.

 

This part also states "I confirm that the particulars and information provided by me to the Bank Of Scotland in the online aplication form are true and complete. I accept and agree to be bound by the conditions of use (as set out overleaf - there is no overleaf) and as amended from time to time. I consent to BOS disclosing all information to my account to licenced credit reference agencies."

 

this is a credit agreement regulated by the Consumer Credit Act 1974, Sign only if you want to be legally bound by its terms.

 

I have signed and dated it, 12/01/2002

 

Then it states "Application accepted and agreement signed for and on behalf of BOS" and somebody has signed and dated it on 31/01/2002

 

 

Is it a true CCA - I know it will be hard to tell without actually seeing it but could you possibly give me an idea - I must have applied for it online and they have sent it out for me to sign. there is no interest rate or details about repayments etc

[Curlyben]

Shame sounds like they have struck out.

Now does this "agreement" contain ALL of the prescribed terms ?

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[weller711]

It doesnt contain any of them - only the credit limit is written on but that must have been after I signed it - not sure if that makes a difference. the only part that it does contain is:-

"Your right to cancel - once you have signed the agreement, you will have, for a short time, a right to cancel it. Exact details of how and when you can do this will be sent to you by post by the Bank" These details are not included with what I have received today.

 

PB's thread looks good

 

Any idea on how I should reply to them , it would be very much appreciated

[Curlyben]

WAIT until they demand payment then we'll hit em

[weller711]

Roger that Curly You're my new best friend Promise I'm not stalking you though

 

The compliment skip they sent with it also said please find enclosed your application form as requested

[Curlyben]

Shame really.

Oh well, keep that all safe

An application form generally doesn't comply with CCA as the needed terms are missing.

 

hey Weller, it;s about time you tickled me

[weller711]

I have been tickling you, you daft so and so but now it wont let me anymore -says I must spread the tickle around before giving you some more. I try to do it every time, promise

[Curlyben]

Hey ho, no worries ;0

[weller711]

I've heard nothing from B, O, S but have today a demanding letter from EOS solutions regarding the same debt, it states Urgent, the above debt has been passed to us by our client for collection and all the usual bumpf.

 

Any ideas of what to do next please? Thanks

[bigkacker]

send EOS solutions a CCA request to make sure they have a legal right to collect the debt.

[Newborn]

As far as you're concerned the matter is still in dispute as B, O, S have not supplied a proper CCA. What they've done is either instructed EOS to collect or sold them a disputed debt - a big no no either way. I would send a letter to EOS explaining this to them. There are many examples of the letter on this forum, it was written by CB!

 

Newborn

[Having_A_Knightmare]

No need to send another CCA request.

I would send EOS solutions a letter like below alter as you need.

CB Classic

 

I must admit that I am rather bemused as to why this account has been passed to Marlin Financial services, as it is in dispute with the Metropolitan Collection Services and has been since 31st July 2007.

 

Not only is this a breach of OFT collection guidelines, but also a breach of the Consumer Credit Act 1974 and the Data Protection Act 1998

 

As Metropolitan Collection Services are now in default of my Consumer Credit Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

As Marlin Financial services cannot lawfully pursue any enforcement activities on this account, I would respectfully suggest that this account is returned to the Metropolitan Collection Services for resolution of these defaults and breaches.

 

If Marlin Financial services chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

You will also be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with Metropolitan Collection Services. Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint procedure.

 

I would appreciate your due diligence in this matter.

 

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

http://www.consumeractiongroup.c o....i-dummies.html

 

If I have helped please give the scales a press.

[weller711]

Thanks for your replys - will get that letter off asap HAN

[weller711]

Gosh, just seen the date on this thread and cant believe it was so long ago, so now to an update of sorts and a plea for help if anybody would mind........................

 

This was passed to yet another 2 DCA's who I then sent the letter HAK kindly posted, the last been in May, and each in turn passed it back to BOS..................................until this morning when I have received a statement, like the normal monthly statement you receive every month havent had one of these for months but ho hum, anyway, statement arrived this morning, they minimum payment is the whole balance and they want it paid by 3 November but strangly on the bottom of the page that is entitled "SUMMARY OF ACCOUNT" is a paragraph I find, well, I'm not too sure but it says

 

Dispute Resolution

If you have a problem with your agreement please try to resolve it with us in the first instance. If you are not happy with the way in which we handled your complaint or the result, you may be able to complain to the FOS. If you do not take up your problem with us first you will not be entitled to the FOS. We can provide details of how to contact the Ombdsman

 

???????????????????How on earth do I respond to this? Totally confused as I have tried to resolve it by saying there isnt a true CCA. Please can anybody help me with perhaps a letter I can reply with - any help much appreciated, and what do people think of this statement and the paragraph after?

[Andybars]

I would do nothing. They are still yet to meet your CCA request as I am sure they are well aware. Their information re FOS is also misleading. FOS ask that you initially deal with a company via their own complaints system and will not normally deal with it until the Company has responded. However once 56 days have elapsed you automatically gain entitlement to go to FOS (and the Company is obliged to write and tell you this but HBOS never do). Knowing HBOS as I do - they have probably not registered your CCA request as a complaint. On that basis I would be tempted to send them another "bemused" letter emphasising that this remains a formal complaint.