MOH.v.Blair Oliver Scott

[ejleigh68]

Shieri dont worry they are just trying to scare you if you sent the account in dispute letter registered post and have delivery reciepts they are pretty toothless threats. This is the usual if we fighten someone we will get monies that we have bugger all chance of recovering through legal means paperwork (if they have failed to produce a valid CCA) that is ....

[shirei12]

Hi Andy, I need some of your advise on how to deal with communication received today from Hillys.

They have supplied an old CCA for a loan which was settled in 2004 . I have it on paper on our Experian report that it was settled.

However they still have the account on hold awaiting statement of account. Are they trying to pull a fast one

Hello Guest

 

Regards Shirei

Edited September 24, 2009 by shirei12

[AndyOrch]

Hi Andy, I need some of your advise on how to deal with communication received today from Hillys.

They have supplied an old CCA for a loan which was settled in 2004 . I have it on paper on our Experian report that it was settled.

However they still have the account on hold awaiting statement of account. Are they trying to pull a fast one

Hello Guest

 

Regards Shirei

Just write back and explain that fact and that they are still in default of your request.

 

Andy

[shirei12]

Who are MBNA Europe Bank Plc ?

Edited September 24, 2009 by shirei12

[shirei12]

Can anyone point me in the direction of a non compliance letter please.( I think thats what I need) They have gone over the 44 days now to supply agreement,what they have supplied is a different agreement number to what they are trying to collect.

[AndyOrch]

Good afternoon Shirei I trust you had a good weekend.

 

Now whats this as regards to a noncomplience notice?

 

Now what they have sent you is all they have, surely you are not going to prompt them in to finding the correct one are you?

Do you want to assist them in preparing the N1 also:)

 

Regards

 

Andy

[shirei12]

Just write back and explain that fact and that they are still in default of your request.

 

Andy

Hi Andy,

Yes weekend was good,thanks for asking and trust yours was also.

Not so much a non compliance notice as such,I have just explained as you said and reminded them they are still in default. Hope I did right I sent it recorded mail today:eek:

Regards

Shirei

[AndyOrch]

Okay yes that fine i thought you wanted to get legalish;)

 

Andy

Edited September 28, 2009 by Andyorch

[shirei12]

Who me Although I did state in the letter " By not supplyong the documentation I believe you have now committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974."

Did I do wrong Andy, they passed the 44 days on the 24th.Sept.

Now I am worried I have done the wrong thing

 

Shirei

[AndyOrch]

Well the criminal offence part was reprieved (CCA2006) but not to worry they will get your jist Shirei,bigger worries trying to find the right debt they are chasing you for:D

 

Just post up anything else before you respond.

 

Andy

Edited October 19, 2009 by Andyorch

[shirei12]

OK Andy,

I've had my knuckles rapped . Hopefully Hillys wont know about the reprieve either :D

 

Shirei

[AndyOrch]

No probs Shirei your on the higher ground here,keep it that way now go and and sit on the naughty step:D

 

Regards

 

Andy;)

[shirei12]

Update:

Two letters today basically saying the same thing :DThey are still following up my request for documents,account on hold (again).

 

Update in 21 days blah blah blah

Edited October 14, 2009 by shirei12

[shirei12]

This is getting sooooo confusing!! Had a letter on Saturday to say that after discussion with their client the agreement no.XXXXXX supplied covers both Loan and preference account,(which shows settled on my credit file.)What they are trying to collect on is a totaly different account number for which they have not supplied the agreement for. I need to get rid of these muppets.

[vint1954]

This is getting sooooo confusing!! Had a letter on Saturday to say that after discussion with their client the agreement no.XXXXXX supplied covers both Loan and preference account,(which shows settled on my credit file.)What they are trying to collect on is a totaly different account number for which they have not supplied the agreement for. I need to get rid of these muppets.

You need to get them to confirm which agreement they realy want to collect on, before you can respond further.

[shirei12]

I have pointed out to them that they are in default.

[AndyOrch]

Morning Shirei

 

See what i mean about getting involved and being enticed into their game if they dont know what they are collecting/chasing then it will be pantomime when and if they ever issue a Summons.

File do Nothing!!!!!!!

 

Regards

 

Andy

[shirei12]

Morning Andy, I do see what you mean,but its hard to ignore them but if you say its best then I will. I cant understand why they keep reffering to THEIR CLIENT as they have told me they own it

 

Regards

 

Shirei

[AndyOrch]

Well they keep referring to all kinds of things from the unknown so perhaps they will blame their " Client " if it all ends t*t* up

 

 

Andy

[shirei12]

:D:D So if they do forward statements they will have to bear the agreement number they are looking for?

[AndyOrch]

The Debt in question = The agreement and account number signed and executed, the Default Notice the Termination Notice any NoA (same account number) and of course the statements pertaining to said account.

 

Andy

[shirei12]

I have no DN,no Termination Notice and no NoA.:confused:Still waiting for statements.

[AndyOrch]

And they no enforcable agreement or sure which debt they want to collect from you so as said do nothing and file!!!

 

 

Andy

[Fred Bassett]

This is getting sooooo confusing!! Had a letter on Saturday to say that after discussion with their client the agreement no.XXXXXX supplied covers both Loan and preference account,(which shows settled on my credit file.)What they are trying to collect on is a totaly different account number for which they have not supplied the agreement for. I need to get rid of these muppets.

 

Hi Shire,

 

Didn't realise this was a Preference Account. These are a very odd hybrid type of account. Originally, you probably had an agreement with the loan on one side and the preference account on the other. The loan would had stated 'Regulated by the Consumer Credit Act etc.", the Preference Account would not have had this. I'm assuming that this agreement is like the others on here including mine.

 

Have a look at my thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/94614-fred-bassett-bank-scotland.html

 

You'll find plenty of stuff on there about this and there are quite a few other threads on this as well.

 

BoS will try and claim that this is a bank account, therefore not regulated by the CCA, but all the evidence seems to prove otherwise. It would be worth having a look at your credit file to see how it is listed - bear in mind that it will be BoS themselves that are responsible for making this entry. If you don't want to stump up for Equifax, you can get a free one from Free Credit Report now and every year - annualcreditreport

 

Regards.

 

Fred

[vint1954]

Morning Andy, I do see what you mean,but its hard to ignore them but if you say its best then I will. I cant understand why they keep reffering to THEIR CLIENT as they have told me they own it

 

Regards

 

Shirei

Hi shirei,

 

Blair Oliver and scott are part of Halifax, just a different desk, so their client is in fact them.

 

Just to confirm.

 

Account a Loan ( settled )

 

Account b preference account ( settled )

 

Account c, is the one they are chasing and is unknown to you.