MOH.v.Blair Oliver Scott

[shirei12]

This is for MOH who is having dealings with BOS. I cca'd BOS for him which I have electronic proof of delivery on 19 Nov. Today arrived notice of intended court action,their letter dated 21 Nov. requiring full payment by 28Nov. which was yesterday:lol: Is this a standard letter?Should I reply in any way. They have not acknowledged receipt of CCA request.

[spamheed]

Even if they do take you to court, they're going to have to produce the original CCA, If they have it, then they get a CCJ and you pay managable amounts, if they dont, then they lose their case, so don't worry about it.

 

File under ignore until they respond with the document

[shirei12]

They also mention charging order on property,this worries me:(

[spamheed]

assuming, they have the CCA (which hasn't yet been established)

They then have to take you to court and obtain a CCJ against you, if you submit an income and expenditure sheet to the court this will normally entail setting out a payment plan where you pay what you can reasonably afford.

if you break that agreement then they would need to take you back to court once more to seek a charging order against your property, this of course you would defend, so none of this is what you might call as cut and dried as they imply.

 

They use specifically chosen words and phrases in their correspondence to scare you into paying as much as you can.

 

Try not to be intimidated by these "people" that's what they want. it may not seem easy but it becomes easier in time, You aren't alone, this and other forums are full of people who are in similar positions, albeit at different stages of the process. We all learn from each other.

[reallymadwoman]

I've got a huge selection of 'standard' BOS letters and this sounds very much like one of them. If you like we could post samples and run a lottery on which one you get next.

BOS will not reply to your CCA request, nor anything else you send. As spamheed suggests, file it under 'ignore' and wait for the time limits to be up then complain to Trading Standards that they are trying to enforce whilst in default of your request. Just let them dig themselves into a deeper hole.

[andrew1]

Make sure you receive a copy of the 'Credit Agreement' NOT the Application form.

I received a copy of a rather unreadable Application Form and it is Not a Credit Agreement as they are obliged to send under your CCA request. They will need to provide the Agreement to a court before they can litigate so do not be taken in by the Application Form wheeze they try on so many - like me! It will clearly state ' APPLICATION FORM at the top of the document, the Agreement should contain all the prescribed terms. Come back once you have it and we'll check it through for you.

 

Sarah

[reduk054]

Hi Shirei! It is no suprise that BOS have not aknowledged your CCA request, even though you have the proof of delivery!

From my experience they do send out heaps of standard letters, regardless of what you post to them. They do use clever wording to scare you into paying, such as "...papers are currently being prepared for court....", and "we may place a charging order on your property..." blah blah. They scuttled off quite quickly with a few letters from me via the CAG. They instructed "solicitors" in my case, and once I had put them in their place, they soon all vanished! If you want any copies of the letters which I used to BOS, let me know!

Red

[spamheed]

it's all bull and bluster designed to make you scared, so you'll break and pay the tw*ts.

 

better off losing in court, at least you have a chance

[shirei12]

Hi Shirei! It is no suprise that BOS have not aknowledged your CCA request, even though you have the proof of delivery!

From my experience they do send out heaps of standard letters, regardless of what you post to them. They do use clever wording to scare you into paying, such as "...papers are currently being prepared for court....", and "we may place a charging order on your property..." blah blah. They scuttled off quite quickly with a few letters from me via the CAG. They instructed "solicitors" in my case, and once I had put them in their place, they soon all vanished! If you want any copies of the letters which I used to BOS, let me know!

Red

It would be interesting to see some of those letters Red. The thing is OH only wanted to see the insurance on this after hearing something on the radio about miss sold critical illness insurance. Original loan taken out in **** and repayed in full when we sold house and moved.

Edited August 19, 2009 by shirei12

[reduk054]

Hi sorry for delay in replying shirei, here is my first letter to BOS following their non-compliance of CCA request:

 

Dear Sirs,

References: *******

In my letter dated the ****, which was sent by recorded post and signed for by your company on the ****, I made a formal request for a copy of the signed, executed credit agreement for the above numbered **** account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition, a statement of my account should have been sent along with any other document mentioned in the credit agreement. You cashed the payment of £1.00 towards the copy of my credit agreement on the ******.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on ****and **** respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at*****, this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

They continued to send me standard letters no personal response, just threatening legal action so I replied with this

Dear Sirs,

I write with reference to your letter dated ****, regarding your “Notice of Intended Court Action”, and requests for payments.

I will not be making any payments to this account which you are alleging that I owe to your client. Until I have received a copy of the consumer credit agreement, as is my right under law, I will continue to dispute this debt. You have had ample time to provide this and have neglected to do so.

By failing to provide me with this document, your company, as you are no doubt well aware, has committed an offence under Section 77 (4) of the Consumer Credit Act 1974.

Furthermore, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim that is issued.

Please take note that any legal action you may contemplate will be vigorously defended and contested.

With regard to your proposed Court Action against me, The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003.

Please note the following:

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

Should you continue to write to me regarding the above alleged debt, I will report you to the Office of Fair Trading, stating that you are not a “fit and proper person” to hold a consumer credit licence under the 1974 Act as specified in section 25 of the Act.

Yours faithfully

 

hope these help, and have solicitor letters, as BOS then tried to scare me by getting solicitors involved....

Red

 

 

 

 

[shirei12]

Cheers Red, They could very well come in handy. BOS went into default yesterday,still no response,not even a phone call. Wondering if I should let sleeping dogs lie and wait for criminal offence.

[reduk054]

Hi Shirei, nice to see that BOS are keeping up their usual tardiness and not complying with CCA requests! I would let sleeping dogs lie, and you have the ammo for if/when they write another letter to you requesting payments, or threatening court action. Let me know if they get a solicitor involved, as have a nice letter for them as well, curtosey of Curlyben (site helper).

Cool!

Red

[shirei12]

BOS have now passed this onto EOS Solutions,received letter this morning Payment in Full is required immediately. BOS have passed the 12+2+30 days to supply CCA. How should I respond to this.

[shirei12]

Would this letter (CB's) on another of my threads be in order?

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

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

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection 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.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** 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.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

What do you think people

[shirei12]

just bumping up

[shirei12]

Has any one had any dealings with EOS Solutions,are they your standard DCA?

[shirei12]

every one gone to bed?

[Struggling_Simon]

CurlyBens letter above is the one to use.

 

Good Luck!

[Having_A_Knightmare]

Add the below on the letter as well

 

You are now breaking the law by trying to collect a debt that is in default under section 78(1) of the Consumer Credit Act 1974. This is a very serious offence that is reportable to FOS, OFT and Trading Standards. If found guilty carries a level four fine of up to £2500 and a custodial prison sentence of up to six months.

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. If found guilty OFT could cease your credit license.

[shirei12]

Will do.Thankyou for your valued help.

[shirei12]

After sending the letter in post 14,I have had no acknowledgement from either EOS Solutions or BOS,what could be going on? Still no CCA from BOS or acknowledgement of request,or demand for payment:o

[shirei12]

After posting yesterday that we have not heard anything from either EOS or BOS todoys post contained "an oppotunity to reduce and clear your debt"

EOS say in the near future the debt will be taken back to lender who will choose one of the folloming

1 a solicitor for legal action

2 a different dca

3 the debt will be sold to third party

4 a door step caller

 

The question is can they do any of the above when cca request is still outstanding??

[spamheed]

Nope, cant do any of those things with the debt whilst its in dispute

[shirei12]

Should we answer this letter or ignore?

What should we do if they do any of the 4 options they have stated.

[reduk054]

Hi Shirei,

this is just another example of a DCA trying to scare you into submission, and threatening all sorts of nasty things to make you think that they will be able to take further action, where as they know that without the CCA they cannot act any further.

I actually see the letter from EOS in a positive way, because they have said that "the debt will be taken back to lender". Which in a way is throwing in the towel, because they are having to send the debt back to the OC, which IMO says that EOS themselves will not be taking further action.

It will be interesting to see what happens next. It may well go to another DCA, in which case with no CCA, you are back to the same position (maybe having to send the same letter that you did to EOS), as when EOS first got in touch with you!

I personally do not think that you need to send another letter to EOS, you have spelt out to them in previous correspondence what the current stance is.

Keep us updated!

Red