Blair Oliver Scott / Lowell / NCO

[gibbyni]

Just want to start my own thread to keep myself right. I have 5 Debts with 3 DCA all listed below, I have been paying through payplan for the last six months but am going to get them to stop payment to them after the next payment at the end of this month (Feb).

 

Blair Oliver Scott - 3 Different Debts CCA request sent for all 3 of them (3 different letters) They received all on the 22/2/08

 

Lowell - CCA sent and they received on the 21/2/08

 

NCO - CCA sent and they received on the 21/2/08

 

I will keep the thread updated with any letters.

[ODC]

Once 12 working days pass from the receipt of your CCA you can legally stop your payments to these companies until they comply with your CCA request

[gibbyni]

Just to update 2 letters received from Lowell, first a few days ago to say they have written to the OC to get the CCA. Todays letter says the same but have offered a settelment figure of exactly 40% of the debt. There 12+2 are up on tuesday. I am looking to clear them with a FFS of around 10% so that i know its done and dusted. Should i send them the offer now or wait?

 

Blair Oliver Scott - 3 Different Debts CCA request sent for all 3 of them (3 different letters) They received all on the 22/2/08

 

Lowell - CCA sent and they received on the 21/2/08, Offer of 40% FFS received on the 7/3/08

 

NCO - CCA sent and they received on the 21/2/08

 

I will keep the thread updated with any letters.

[dpick]

Just to update 2 letters received from Lowell, first a few days ago to say they have written to the OC to get the CCA. Todays letter says the same but have offered a settelment figure of exactly 40% of the debt. There 12+2 are up on tuesday. I am looking to clear them with a FFS of around 10% so that i know its done and dusted. Should i send them the offer now or wait?

 

I would not mind betting that with a 40% offer they know that the OC does not have an enforceable agreement and are making this offer to try get a quick settlement

 

dpick:)

[gibbyni]

I would not mind betting that with a 40% offer they know that the OC does not have an enforceable agreement and are making this offer to try get a quick settlement

 

dpick:)

 

thats what i was thinking but just not to sure how and when to make the 10% offer.

 

Has anyone had a 10% offer accepted?

[TaxedAndConfused]

Wait at least until Tuesday, its not that far away.

[gibbyni]

I Just received a CCA from BOS for an IF loan can someone have a look and see if its enforceable? I think pages Img10 and 11 are the main ones.

 

http://i251.photobucket.com/albums/gg284/gibbyni/img005.jpg

 

http://i251.photobucket.com/albums/gg284/gibbyni/img006.jpg

 

http://i251.photobucket.com/albums/gg284/gibbyni/img007.jpg

 

http://i251.photobucket.com/albums/gg284/gibbyni/img008.jpg

 

http://i251.photobucket.com/albums/gg284/gibbyni/img009.jpg

 

http://i251.photobucket.com/albums/gg284/gibbyni/img010.jpg

 

http://i251.photobucket.com/albums/gg284/gibbyni/img011.jpg

 

http://i251.photobucket.com/albums/gg284/gibbyni/img012.jpg

[gibbyni]

Just wanted to bump this up, is it a problem for them that me and the person for IF have signed a different page to the one where the amount, rate etc is on

[B3rty]

As per the other post in the main thread...could you present a case to the judge that the prescribed terms are not part of the signature document ?....IMHO i think it would be hard.

[gibbyni]

As per the other post in the main thread...could you present a case to the judge that the prescribed terms are not part of the signature document ?....IMHO i think it would be hard.

 

I was thinking the same it look as if its all enforceable, however i did notice that the figures are out by a tiny amount ie 60 * £127.13 = 7627.80 but the total payable is 7627.71. However i asume its cos they have rounded the monthly payment up £127.1285 so i guess i just have to bite the bullet with this one.

[gibbyni]

I have made up 2 letter for Lowells and NCO, both are about to pass the 12+2 mark on monday and im going to try and get them to accept a full and final settelment. I have drafted 2 different letters what one is best?

 

I will post them at the end of this week just to give them a few extra days. I received a letter from Lowells saying there looking for it and offering me a FFS figure of 40% i am aiming for 10%. NCO have not responded to the CCA at all.

 

 

Letter 1

 

I refer to my recent correspondence with Lowell concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

 

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 commits an offence. These time limits expire on 11th March 2008 and 11th April 2008 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 of 11th March 2008 this account is in default and on the 11th April 2008 this account becomes unenforceable at law and it will be my intention to refer this matter to the enforcement authorities.

As of 11th March 2008, I have instructed Payplan to stop paying Lowells my payment of £*.** per month.

 

Full and Final Settlement

 

As a matter of goodwill I am prepared to offer a sum of £*** as full and final settlement of this account. This offer in on condition that any reference on my credit file is shown as settled. If you would like to accept this offer please reply in writing within 14 days.

 

After this time I will not reply to any correspondence until Lowell have provided me with my Credit Agreement. If Lowell 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 look forward to hearing from you in writing.

Yours Faithfully

 

Letter 2

 

May I draw you attention to my letter of 20/02/2008 in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

 

Lowells has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

 

I formally advise you that since Lowells has failed to comply with the terms of the Consumer Credit Act that as from 10/03/2008 they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. Lowells may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As Lowells have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

As of 11th March 2008, I have instructed Payplan to stop paying Lowells my payment of £*.** per month.

 

Full and Final Settlement

 

As a matter of goodwill I am prepared to offer a sum of £*** as full and final settlement of this account. This offer in on condition that any reference on my credit file is shown as settled. If you would like to accept this offer please reply in writing within 14 days.

 

After this time I will not reply to any correspondence until Lowell have provided me with my Credit Agreement. If Lowell 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 you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[gibbyni]

Just wanting to bump this up to see if anyone can help

[B3rty]

My initial thoughts were you are offering a F&F to early...just put the account in dispute and wait for them to make the next move...

[gibbyni]

so you think wait for the 12+2+30 and see what happens from there. Im just a little to eager to get them paid off.

 

Also update from BOS, letter received for the one they provided the CCA for that im not to sure if its enforcable offering 75% for FFS, still far to much for my likeing.

 

 

Blair Oliver Scott - 3 Different Debts CCA request sent for all 3 of them (3 different letters) They received all on the 22/2/08

 

Debt 1 "IF": CCA received 14/3/08 not to sure if enforcable: Offer of 75% for FFS received 10/03/2008

 

Debt 2:

 

Debt 3:

Lowell - CCA sent and they received on the 21/2/08, Offer of 40% FFS received on the 7/3/08

 

NCO - CCA sent and they received on the 21/2/08

 

I will keep the thread updated with any letters.

[gibbyni]

I have just received another CCA from BOS, its for a Halifax Credic Card. From what I can work out its not enforceable.

 

* No interest Rate

* No credit Limit

* Was the Original Application Form

 

Can someone have a look to see if im right.

http://i251.photobucket.com/albums/gg284/gibbyni/img013.jpg

 

Thanks

[dpick]

Hi as you say it was original application form but it could be one of those application/agreement types it does state in adtional services "On the back of this application you will find important information about your account..............." So they have not supplied the back of this document and it's not enforceable as it is without the back. Don't know if they have the back but they would have to produce it in court to prove this is an enforceable agreement.

 

all the best dpick

[gibbyni]

From what i remember, it was nearly 12 years ago, it was one of the application forms picked up in branch so would doubt that the other side had info about credit limit etc, although might have apr on it.