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    • Hi, this is the amended and hopefully final defence. Would someone just give it a once over for me before it's ready for filing on MCOL. I'm doubting myself but as I recall I don't need to post to the Sols or Claimant, just submit online?   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   3. Paragraph 1 is noted. I have in the past had financial dealings with New Day in which I can’t recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request via signed for delivery which the claimant has failed to comply with.   4. Paragraph 3 is denied. I have not been served with a Termination Notice or Default Notice pursuant to sec 87 (1) the Consumer Credit Act 1974.   5. Paragraph 4 is denied. The defendant contends that no notice of assignment pursuant to s136 Law of Property Act and s82 a of the Consumer Credit Act 1974 has ever been served by the Claimant as alleged.   It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to s87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   As per Civil Procedure Rule 16.5 it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Okay, it's turning out better than I expected. We can go over a resume of the situation when you get it back and see what you think might be outstanding and if you want to do anything about any of it.
    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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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

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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

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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.

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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.:rolleyes:

 

 

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

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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.

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  • 1 month later...

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?

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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.

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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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 by thereisanotherway
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  • 2 months later...

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?

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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

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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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.

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  • 2 weeks later...

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.

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