Blair, Oliver & Scott and an old joint loan

[Wiltz]

Very interested in all your cases as I too am having problems with BOS.

 

Just over two years ago my partner of 6 years and mother of my daughter left me, the worst period of my life without doubt.

I arranged a meeting to sort out how we would split everything financially, and even though she had given up work when we met and I provided everything (including £15k deposit for our house from the sale of my house) I agreed to split evrything 50/50.

 

She moved in with the guy she'd been seeing and I moved back into the house while I , as she was still out of work, continued to pay our mortgage and all our joint debts that we incurred after being made redundant some months before.

 

The only debt that she was responsible for was a loan taken out to pay off her credit cards to the tune of around £10k that she had run up before we met.

As she wasn't working we had to get this loan in joint names, which is where my issue really starts.

 

Unknown to me she just didn't bother paying it I am now trying to remortgage to pay her off and all the debts, but in conjunction with the credit crunch am finding it increasingly difficult to do so with the default now against my name.

 

To prevent legal action I have agreed to pay BOS £100 a month hoping that I can get it all paid off when I remortgage.

I have read through the stickies in this section but would appreciate any advice could get.

[Fred Bassett]

Wiltz,

 

The first thing you need to do is find out if the debt is legally enforceable.

To this end you need to send them a request under the Consumer Credit Act.

I couldn't find it in the templates library, so here's the one I sent them:

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from (Amend as appropriate) and Blair Oliver Scott Ltd.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

Once you've sent them this, they have 12 working days + 2 days in which to reply. After this, they have a further 30 calendar days after which they have committed a criminal offence if they can't supply this agreement. Until they have done so, they are not entitled to take enforcement action, but you might still be wise to make a token payment to them during this time.

 

When you get a reply from them, scan it in and post it on this thread so that others can have a look and advise you about the legality or otherwise of it.

 

In the meantime, NEVER talk to them on the 'phone. If they ask you for security details, refuse to give them and insist that everything is in writing. The other thing that people are being advised to do is not sign your letters - just initial them or something.

 

You send them a £1.00 postal order and make sure you send it recorded delivery.

 

Any other problems, just post it up here and someone will be along to help.

 

 

Hope this helps.

 

Regards.

 

 

 

Fred

[Wiltz]

Thank you so much for that Fred, my letter is going out today.

 

As suggested have just made my token payment so I hopefully shouldn't need to make another.

 

How is it that they tend to lose or never have the signed credit agreements?

It's frightening to think that organisations like these can be so poorly administrated and managed.

[Fred Bassett]

I think you're right Wiltz and had it not been for the fact that they're all so greedy this would probably never have come to light.

It's only because of organisations like the CAG that it has.

 

So many of them have blundered in an enormous way and it serves them right.

The only pity is that the people like us who are now fighting them are just the tip of the iceberg.

 

I wish you luck in the battles ahead. Remember NEVER speak to them on the 'phone.

 

Regards.

 

Fred

[Wiltz]

Well update to this and a tactic I wasn't suspecting. I have today received a letter from the Halifax, with whom the original loan was taken out, which reads as below:

 

"Dear Sir/Madam

 

Thank you for your letter which we received 02 June 2008 and was passed to us by Blair, Oliver & Scott Ltd.

 

We have ordered a copy of your agreement, terms & conditions and statements for the above noted account as requested in your letter. These will be forwarded pon to you upon receipt.

 

Please note the account has not been sold to Blair, Oliver & Scott Ltd and we are now dealing with the administration of the account, therefore there is no need for a deed of assignment.

 

Should you have any further queries regarding this matter please do not hesitate to contact us.

 

Yours faithfully,

 

Manager Legal Section."

 

My immediate gut reaction is that there was no deed of assignment issued and therefore the debt was not enforceable so they took it back. However, can anyone tell me that if they do provide the original Credit agreement and the staements is the fact that they did pass it across without still an area for me to pursue?

 

Would appreciate even more excellent advice from you guys.

[42man]

There is no need for them to provide a 'deed' of assignment, that is a contract between Halifax and Blair O & S....what you mean is the 'notice' of assignment which Halifax should have sent you when they sold the debt on....also you should have received a notice from Blair O & S saying they had purchased the debt.....you should have received a default notice too....

 

Wait until they respond to the CCA request first....(no doubt there will be some excessive charges too !!)

[AndyOrch]

Blair (bank ) Oliver (of) Scott (scotland) are the same company they are the in house DCA so the debt never went any where.Therfore no NOA needed

 

Regards

Andy;)