BOS Loan Final Notice

[thereisanotherway]

Hi,

My partner has recently received the following letter from blair oliver and scott for a bank of scotland loan.

http://i443.photobucket.com/albums/qq154/thereisanotherway/bosloan.jpg

She has sent Letter A (asking to hold action) to blair, oliver and scott and also a CCA to bank of scotland - No replies yet.

She's still worried, so I thought I'd ask what you would advise to do next - Send off offer of repayment? Wait for their reply? Or send SAR? (None of the above?!)

Thanks

[TheChancellor]

What's the story so far?

 

When did the CCA reach them (I would have sent it directly to BO & Snott if you have been corresponding with them).

[thereisanotherway]

Hi, cca signed for 11th. (sent that way as that was how she interpretted what she'd read on here!).

Story is she hasn't been paying full loan amount for nearly a year. She's had a couple of conversations on the phone (we know their number now, so don't answer), but has failed to keep up with the verbally agreed reduced payments. She has been making token monthly payments since.

She doesn't appear to have had any other written correspondance leading up to this.

Thanks again

[TheChancellor]

October 11th? That was a Saturday (probably grabbing some overtime before they all get the sack with the takeover lol).

 

That would give them upto the 30th.

 

I would write to BO & Snott pleading poverty, send them a £1 P/O as a token payment.

 

If you are skint put in an income/expenditure list showing that's all you can afford.

[thereisanotherway]

Yes, Oct 11th. I sensed things had started to change with the takeover - Also in the tone of their letters!

Will do as you suggest, budget sheet downloaded. Are they likely to accept such a small payment?

Thanks

[TheChancellor]

Yes, Oct 11th. I sensed things had started to change with the takeover - Also in the tone of their letters!

Will do as you suggest, budget sheet downloaded. Are they likely to accept such a small payment?

Thanks

 

I got the same letter beginning of Sept.

 

 

I you're genuinely skint & have no assets they will - they're taking £1 from me "to be reviewed."

[thereisanotherway]

Thanks to TheChancellor for your support and encouragement.

Should I start an account of my own, or just carry on with this thread started for me?

Yeah, pretty much flat broke at the moment.

Unfortunately The BOS Loan isn't my only debt - I'm behind with BOS cc, BOS Preference Account (which came with loan) & Egg card, not to mention council tax & water rates!! I have been paying token payments to all.

Going to work through the budget planner this weekend and do some more reading to work out my step by step approach - any useful links anyone?Thanks all, will keep you updated.

[thereisanotherway]

Hi,

I've been patiently waiting for a CCA before sending off an offer of payment - but still nothing received.

Instead, I have just received another Final Notice letter - exactly the same as the one listed at the top of the thread, giving me 7 days to reply before 'we will take court action to seek a judgment against you' (dated 6th Nov. rec. 15th!)

Thanks

Any suggestions?

[ScabHunter]

Without knowing the numbers involved here, it is impossible to give specific advice.

 

If you are living on benefits and have no assets, then you need to look at bankruptcy, as AN OPTION OF LAST RESORT. Everything you have mentioned here would be covered in bankruptcy, and it would allow you to start to rebuild your life after discharge.

 

Of course bankruptcy is not a step to be taken lightly, but if the alternative is to live on starvation rations for the rest of your life while you spend all of your income on token payments to idiot creditors who still send out threats and abuse, while all the time artificially inflating the balances on the accounts so you are locked in to this hell for a lifetime, then there really is little option.

 

But this is still a LAST RESORT.

 

The only "good" thing about being in debt to a water company is that they cannot just disconnect your supply. They have to take court action to recover the money. If it was electricity, it would be different. Apparently, the politicians consider it acceptable for people to die of hypothermia, but not from lack of water.

 

The first step is to send off CCA requests to any of the characters managing the accounts which are covered by the CCA 1974, and which need an enforceable agreement. Personally, I would CCA BO and Snott with the loan account. It just stops them buggering about claiming that the CCA was sent to the wrong place. The original CCA to the original creditor may come in useful further down the line if they try to pass it off to another DCA. With the BOS Preference Account, was it an overdraft facility? How much of the alleged balance is made up from unlawful charges?

 

I hope you have already made sure your income is being paid into an account with a bank which is totally unrelated to any you have been having problems with - especially BOS! It shouldn't really need saying, but I still see far too many people making this mistake.

 

You are in an extremely difficult situation, but if you take it step by step, there will be a way out somewhere. The first step is to get those CCA requests off.

 

SH

 

PS Don't worry about the "Final Notice". File it, and see how many more "Final Notices" you get to add to it! Get the CCA requests off as soon as you can, and see what comes back.

[thereisanotherway]

Hi SH,

Thanks for your advice and support - Just to clarify, all CCA's have been sent off for, but no replies (apart from egg - other thread started). 2 were sent to BlairOS the other to BankOS (copy sent to Blair).

Have now made an agreement with bailiff for council tax. (have to pay £1 for each debit card payment:().

Will try to avoid the bankruptcy option.

I will need to S.A.R - (Subject Access Request) them to work out charges (when I get a spare tenner;)) I don't think there have been many charges on the loan account though.

Bank account not with bos - have sent off a claim for charges (certainly would come in handy), no comment as yet, asked them to treat me as a hardship case.

Anything else I should be doing? Could I send off a budget without signing it? Just didn't want to help them 'find' a CCA!

Edited December 1, 2008 by thereisanotherway

[thereisanotherway]

BOS have at long last replied to my CCA request. Will try to get docs. scanned in later, but appears to have Loan and Preference Account on same agreement.

Refers to t&c's set out overleaf, but reverse is blank, they have sent seperate sheet headed terms and conditions (small type, can't read it all). Other than that, it appears to have all prescribed terms.

It has: Customer Details, Particulars of Loan repayments, my signature and theirs.

Is it now time to make them an offer? Or get them to clarify whether the document is double sided or as supplied?

[millymollymoo]

Hi found your thread!

 

Milly X

[millymollymoo]

Just wanted to say it has to be embodied in the same document [can run to a few pages] but must be linked as how are you to know that these ARE the t & c's you agreed to.

 

Wait for the experts to give you their opinions. If I can get the link to a thread I will post the info up:)

 

Milly XX

[thereisanotherway]

Thanks Molly, I need to probe a bit more, and hope they've got it wrong!!

[thereisanotherway]

OK folks here are the docs!

http://i443.photobucket.com/albums/qq154/thereisanotherway/BOSloan1.jpg

http://i443.photobucket.com/albums/qq154/thereisanotherway/BOSloan2.jpg

2 seperate sheets, printed single side only.

Enforceable or Not?

Thanks everyone for your help and advice so far.

[millymollymoo]

Hi TIAW:)

 

Why is the date typed at the bottom? Surely you are supposed to date it???

 

milly

[thereisanotherway]

Hi Milly,

My bit was dated, sorry erased it with my signature. The printed date is underneath the BoS signature - it's a bit weird on the right hand side as the same signature for BoS appears, slightly bigger & fainter, but going over the whole box and date section -no date added to this bit!

 

I have sent a letter requesting clarification of the docs. but no response as yet.