mrs gaviebaby V BOS

[Shawn0109]

Right in that case it's an open and close case they havent got the evidence and if it goes to court you know what the judge would say? He/She will strike it out because it's an unenforcable agreement and one that looks like it has been faked which is a big no no.

[rory32]

It's quite important that you do not state that they write the debt off, but instead state that you require the balance of the account to be returned to zero and any liability discharged.

 

When a debt is written off it can still be sold to some bottom feeder of a DCA. If they discharge your liability then they can't sell it.

[gaviebaby]

Fantastic news! Cheers for the enlightening information. So, should mrs g sit tight and ignore the plethora of phone calls or is there something proactive to do?

 

Gav.

[Shawn0109]

Report them to OFT and FOS for harasment by phone and mail. As far as discharging the debt it might work not 100% sure though but it's worth a try and if they did sell it on then whatever let them and see what happens.

[Shawn0109]

Jus saying that they might not discharge the debt they will keep on at it like most of these **** do so it dont really matter what you put in the letter just tell them what you think in a nice way. and if they do discharge it or write it off which is also known as discharge in a few ways make sure your credit file is updated with that information.

[gaviebaby]

No probs, I think I have a letter template somewhere. Just had a quick peek at your success Shawn - congrats -

 

Now its mrs g turn!

 

Gav.

[Shawn0109]

Thanks mate I still got a load of work to do this week by sending more CCA's of to Lowells cos they say I have another 4 accounts with them one of them being a joint account funny cos I aint even married yet and a few others also with other DCA's in short they are a** holes who cant prove a thing. So dont be stressing you 2 will be fine and it will get sorted.

[DocH]

Fantastic news! Cheers for the enlightening information. So, should mrs g sit tight and ignore the plethora of phone calls or is there something proactive to do?

 

Gav.

 

There certainly is. You may want to beat them round the head with this:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE] (type don't sign)

[gaviebaby]

Thanks DocH, one harrassment letter duly printed and ready for sending tomorrow!

 

 

Gav.

[Shawn0109]

Dont forget to send it recorded delivery and remember notto sign the letter just print your name, lets see what they say next if anything at all when they get that.

[gaviebaby]

Got another wee question.... mrs gaviebaby was 'late' with payments, should she claim back the fees as well as not paying? Just wondering, as I don't want to take the p!

 

Gav.

[DocH]

Difficult one to answer, but if you can get them to agree to reducing the balance on the account to zero, which after all would be quite a victory for you, then I'd be inclined to leave the late payment fees.

 

Alternatively, if they are now stupid enough to start court proceedings, then the late payment fees give you a basis for a counterclaim.

 

Just my thoughts, but it would be nice for one of the experts to comment.

[angel_1]

hello gaviebaby

 

just subbing if i may i do have my own battle with them

 

but looks at least you got a copy of something all i got were terms and conditions and nothing else

 

so just lending you my support

 

take care laters angel x

[OLIVE.FAMILY]

subbing too. trying to decide how to deal with a HBOS CCJ and bad agreement

 

olives xx

[gaviebaby]

Hi guys,

 

Its been ages since we had any formalised stuff, but today we had a nice letter from Blair Oliver & Scott, basically saying you will lose your house, we are coming to visit you (hopefully they will bring some choccy biccies!). Anyone had any dealings? Should I respond in the usual manner by saying I do not recognise who you are and why are you bothering me etc?

 

For your interest, phone calls kept coming,but we just ignored them!

 

regards,

 

Gav.