Bos Cc & Cca

[thereisanotherway]

Hi,

Just received response to my CCA request.

The covering letter says that a default notice was served on me in October - I have not received one, although I have had a couple of letters from the lovely blairOS

Agreement appears to be Application form - please can anyone confirm if it is enforceable? (they printed it on both sides).

http://i443.photobucket.com/albums/qq154/thereisanotherway/boscc2-1.jpg

Also included was a CCA with my current address on - no signature, or their signature etc.

 

What should be my next step?

 

Thanks

[fedup74]

Hi there:) Is that it?!!! No prescribed terms, no terms and conditions. Is it the same on both sides? I take it you have moved address since you took the card out? So they decide to send an agreement with your current address! Ha ha deep doo doo BOS in my opinion totally unenforceable cos of the reasons stated above. If they get ar*y with you send them this.

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances.**

 

Hope this helps.

 

 

 

[thereisanotherway]

Hi Fedup,

Thanks for your advice.

Yep, that's all they sent - address now changed since application - and yes both sides printed the same!

I think I should use your template to confirm my position/stance to them.

Bye for now!

[thereisanotherway]

Whilst still waiting for a response from BOS, I think their latest letter has crossed with mine in the post...scanner not working, but a couple of questions;

Are they right when they say "the cca 1974 does not prohibit collection activity when an account is in dispute?"

Also when they say

"we only have to provide you with the signed credit agreement when we seek to legally enforce the debt or take legal action against you"

Are they suggesting that they aren't wanting to legally enforce the debt against me - despite BlairOS sending threatograms to the contrary? Another one arrived same day as this letter - DO NOT IGNORE THIS LETTER - Are BankOS & BlairOS communicating with each other about my account, or just do they just send random letters?

[millymollymoo]

They are one and the same I believe now and up to all sorts of trickery;)

[thereisanotherway]

Hi Everyone,

 

I've just sent off letter to say BOS are in default of my CCA request.

 

Post just arrived with "Notice of Intended Court Action"

 

Questions -

Should I wait for a response to my latest letter, which has obviously crossed in the post, or do I reply specifically to this notice?

As I understand it, they cannot take me to court without a CCA, so why the letter, when they know they haven't sent me a CCA?

 

I would welcome any advice, I'm receiving the same letters for 3 diff. accounts with BOS, just slightly different (random) dates! If I believed the dates of the letters, they take between 2 & 4 weeks to arrive!

Also rec. letter from APEX Credit Management for one of the accounts.

 

Thanks for your time.

 

Should I be worried?!

[millymollymoo]

Hi:) so no conditions as referred to overleaf were sent to you {original not the current bumf they sent you]

 

You said printed both sides of the same paper they sent [gather just 1 page sent ]. Then if so completely unenforceable, no prescribed terms;)

 

You have already sent a letter to Bos sp await their reply to that one.

 

have you receivee your CCA's for the others?

 

Milly XX

[thereisanotherway]

Hi Milly,

Just started to receive more letters from BOS again - got a 'we are dealing with your complaint letter........will respond no later than 4 weeks' for the CC.

Just posted up about my loan on other thread 'BOS LOAN FINAL NOTICE' (sorry don't know how to link!).

It looks like it may be ok for them . Just going to double check all prescribed terms are there. I guess I'll be able to stall for a bit while they sort out a legible copy and also confirm the 2 pages are actually 2 sides or not!

TIAW

Edited February 24, 2009 by thereisanotherway

[millymollymoo]

Hi TIAW:)

 

I am gonna find your other thread. So i presume they have sent the overleaf conditions?

 

keep your chin up hun XX

 

MILLY x

[thereisanotherway]

Thanks for your support Milly,

Yeah, Got a whole side of small print!

See you in my other thread! TIAW

[thereisanotherway]

Hi Everyone,

 

Received a letter from Global Credit & Collection today - interestingly marked 'Without Prejudice' quite a nasty tone, requesting me to ACT RESPONSIBLY...pay within 10 days or..Dramatic effect on your credit reating & escalated collection activity..failure to respond means that my status will be changed to 'refuses to pay' and you will be dealt with accordingly!

 

Any ideas? Shall I just send a standard 'Account in Dispute with OC'!

 

Halifax have also sent me a copy of a letter they sent to my old address (why?) they strongly advise that I contact Blair Oliver and Scott 'to arrange payment as it will prevent any action being taken to recover the outstanding monies as we have not upheld the dispute you have put forward.'

 

As always any advice and opinions welcome.

TIAW