Blair et

[akuma]

Hi -

I have a debt with Blair et al for 3,000 pounds.

It was originally a debt with sainsburys bank 10,000 (+3,000 of interest that they have added).

 

I am wondering what my options are.

I have asked them for a credit agreement and it has been weeks and no one have sent me and thus I know I did not sign any agreement with them.

 

I am now wondering what the steps are to not pay Blair et Oliver?

 

And is there any way I could recoup the money I have already paid them?

 

thanks

[Curlyben]

You say you have requested the agreement, was this via a CCA request ?

Once they exceed 12 working days then the account is in default and you may cease payments.

 

As to reclaiming payments already made, this is a very sticky area and best avoided. After all the debt exists and you have acknowledged it by payment.

 

Bear in mind that BOS are RBOS's in-house DCA.

[akuma]

Hi,

I still have not received a CCA from BOS.

My monthly payment date is coming around shortly. Do I simply not pay or should I phone and tell them that I am not paying?

From past experience when I have missed payment dates they have added interest ontop.

I assume they will in this case.

 

Also one other point would this affect my credit rating? And in what way?

 

cheers once again.

[cashins]

Also one other point would this affect my credit rating? And in what way?

 

 

If its with a debt collector, it already has, a default would have been placed on the account.

 

The CCA. As per Curleyben post, if you have sent it, (proof of delivery?) along with the £1, they are in default of your request after 12 working days, you are not obliged to pay them, collection activety should stop and they may not add interest. When (if), they produce it, upload on here for an opinion on it.

 

Don't phone them, they will tell you just about anything to try and get money out of you.

 

If they give you hassle in the meantime, post on here and you will get advise on what to do about it.

 

David

[Dorabell]

Hi Akuma im having the same trouble i wrote to blair on the6th feb requesting a copy of a cca no reply so its in dispute, after 12days you can stop paying them, so until they produce my request im sitting tight im still having the odd calls from them all i say is the account in dispute and put the telephone down, i used to be so scared to ansewer the telephone but now im ready for them and its thanks to the support and help to the good people on this forum so dont worry :) keep up the good work folks

[akuma]

I just had a phone call from BOS. They asked me why I missed my monthly payment. I told that I have yet to receive a CCA. She asked me what that was. Obviously knowing exactly what that was. Then she asked me why I have been paying them for x amount of years. At this point i told her that I did not wish to discuss this matter and could she in future correspond with me via mail. And I hang up.

I am wondering what their next call and what my next action should be.

 

cheers

[PGH7447]

I just had a phone call from BOS. They asked me why I missed my monthly payment. They are always quick to respond when they dont get their pound of flesh I told that I have yet to receive a CCA. She asked me what that was. Obviously knowing exactly what that was. Then she asked me why I have been paying them for x amount of years. At this point i told her that I did not wish to discuss this matter and could she in future correspond with me via mail. And I hang up.

I am wondering what their next call and what my next action should be.

A standard threat-o-gram probably

 

cheers

 

Just to re-iterate you did send a CCA request with a £1 postal order by recorded delivery?

[akuma]

BOS have now passed my debt to Apex who rang me this morning and now require the debt to be paid in full. Originally the debt with BOS was 2,500 and now it looks like Apex have increased it to 3,259.

Apex have said that I can no longer contact BOS as now they have the debt and also Apex will contact their solictor for me to pay up in full or if needs be take me to court.

I told Apex my account is in dispute with BOS and see no reason why they passed the debt to them. I did send BOS a letter requesting a CCA and no reply from BOS.

What is now my options?

[ODC]

Just to confirm. Did you send the CCA request by recorded delivery

[akuma]

Yes I did send the CCA request by recorded delivery and I still have the receipt to prove this.

[ODC]

Okay send this to Apex

 

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, 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.

[akuma]

Thank you very much for this letter.

 

However you mention

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

I have NOT received any confirmation from BOS after send a letter requesting CCA.

 

Apart from this clarification.

It is an excellent letter.

 

Thanks

Edited June 5, 2008 by akuma
For clarification

[ODC]

Just leave that bit out or amend to suit

[akuma]

Hi - I have just received a call from Apex chasing me for the money. I told them that my account is in dispute with BOS and therefore not to contact me. I have the feeling that they will still try and call.

I am wondering what I should do in this situation.

Cheers

[ODC]

Do Not Speak To Them On The Phone. Just Hang Up

[akuma]

Letter from Apex this morning.

 

Dear Sir/Madam

We have instructions from our above named clients to initiate formal debt collection proceedings for the unpaid debt as detailed above.

 

Please contact this office immediately in order that we can discuss a satisfactory settlement to this matter.

 

Unless you make arrangments to settle the account with 72 hours our agent may be instructed to attend your premises to establish your residency and reason for non-payment.

You must take this opportunity to settle the matter amicably in order to avoid possible legal action being instigated.

Please do not underestimate the seriousness of this matter and attend to notice immediately as this will be your final opportunity.

If you are experiencing financial diffulties or you wish to make a propsal please call us today.

 

---

Obviously they have not responded to my earlier letter and I would like to know whether they are able to come down to my house and in effect take things?

And also what I should do to respond to this.

 

thanks once agian

[akuma]

Just had another letter from Apex...most recent this

 

Dear Sir/ Madam,

A review has been undertaken on your account and you have been selected to take advantage of a discounted settlement offer.

 

To benefit from this substantial reduction call our specialist team by 17/06/08 on the number XXXXXXXXX

 

Taking advantage of this opportunity will help restore your credit rating as this account will be shown as settled by arrangement with the credit reference agencies.

Yours faithfully

 

 

Hmm ...what do you make of that?

[Captain Spaulding]

Ignore it and await confirmation of the letter ODC provided (which I hope you sent recorded and got a print out of the POD)

 

Has the original DCA gone past the 12 + 2 + 30 days limit? If so then there is a template on here somewhere (can someone post it??) which you can send to give them a beasting, also MAKE SURE you report it to Trading Standards!!

 

Whilst the CCA request is outstanding with the original DCA - the debt cannot be legally enforced. Sit back and crack open a brew....

[Captain Spaulding]

Hmm ...what do you make of that?

 

Nothing!

 

Its just another letter sent in order to get you to contact them (good cop bad cop). The balance has already been inflated so its just probably to offset it!

 

See the above post, do nothing!

[ODC]

Also send them this

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

YOUR REF xxxxxxxxxxxxxx

Dear Cretins

I refer to your recent correspondence.

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.