Bank of Scotland terminated without default notice and without claiming full balance, Blair, Oliver Scott DCA

[millymollymoo]

Hiya UD, Cleo:)

 

yes I ill send them the letter. Did you send it to Blair witch or BOS?

 

UD by the way whats the tort of trespass letter?

 

phone log:

 

13th feb

4.36pm

5.07pm

7.30pm

8.00pm

 

14th feb

10.23am

10.55am

 

 

Milly XXXXX

[underdog13]

Hi MMM,

 

the tort of trespass letter is the one withdrawing the right for them to visit you at your property.

 

I sent the letter to Halifax and to the agent company; think it was the agent company who got spooked. Good! Serves them right for trying to frighten and intimidate people: Hoist on their own petard for a change!

[underdog13]

Just in case you don't already have it;

 

please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

[millymollymoo]

Thanks UD! yes I do thanx just got a lil confused;)

 

MillY XXX

[angel_1]

hello everyone just passing by

 

got a bit of my filing finally done today and boy have i come across some gems id forgot about

 

lol

 

anyway i m doing that letter for the agent visit and blooming charging me a fee, the cheek of it:rolleyes:

 

so i will be a bit more direct too i think, no more pussyfooting about - im a new person from today,,,ahahhah

 

laters guys off to update a few of my threads

angel x

[underdog13]

Thanks UD! yes I do thanx just got a lil confused;)

 

MillY XXX

 

trust me to confuse things;)

[cleo4patra]

I sent it to Bank of Scotland - have had a letter today re: invalid DN Notice - they say I have acknowledged the debt previously by requesting a repayment arrangement - however they have not disputed the invalid DN. Re: termination - they say that it means not issuing another card - and the account is still active - but they did not re-issue a card well before all of this - they have given me four weeks to come to a "suitable way forward"??? any suggestions???

[angel_1]

hiya all

 

cleo i think they are trying to blind you with science, they know what they have done and thus trying to back peddle this is of course only my humble opinion,

 

well yes whilst i agree they can see you have known about the debt trying to set up a payment plan, i think BRW or Caro may have said it well on another thread of course we cannot really say we didnt spend the money or had good bought on the card they will show us the debits for those, and we are not disputing the amounts debited of course, its the enforceablility of the contract ie the cca is what we are disputing thus no correct cca like the grand master who devised it and the prescribed terms etc then no debt as the creditor forfeits the right to anyclaim to money owed - like they say in the Martini ads,,,,,,No Martini - No Party!

 

 

hahahaha

 

 

no cca that is correct as it should be,,,,,then no more money actually work out the ratio of what you paid in charges, interest, etc and add up what you obtained in money or paid goods and see if they owe you money,,,,

 

anyway just my mad moments of dribble but im sure you will get a better way forward cos we all may need that correct answer pretty soon if this is the way they are now going, trying to be so blooming moralistic, oh ist the bank that the taxpayers like me have had to bail out and whom we may still have to bail out lloyds too,,,,dohhhhhhhhhh

 

laters guys,,,,off to take a tablet

 

angel x

[lexis200]

Since when does termination just mean they're not going to send you a new card??

 

'We're not going to send you a new card' means we're not going to send you a new card.

 

'Your account is terminated' means you can sod off as we want nothing more to do with you once you have paid back the money we lent you. Oh, except we didn't actually lend it, as without an agreement we gave it to you as a gift. Silly us.

 

Gits.

[cleo4patra]

What is interesting is that they haven't denied the DN was invalid!! I need to read up on this - I think they are on the "back foot" by holding everything for four weeks

[millymollymoo]

I sent it to Bank of Scotland - have had a letter today re: invalid DN Notice - they say I have acknowledged the debt previously by requesting a repayment arrangement - however they have not disputed the invalid DN. Re: termination - they say that it means not issuing another card - and the account is still active - but they did not re-issue a card well before all of this - they have given me four weeks to come to a "suitable way forward"??? any suggestions???

 

 

Ha!! The old CLASSIC REINSTATEMENT PLOY - boy are they unlawful or what.

 

TERMINATION does NOT mean the not issuing a new card and says NOTHING on the letter. Quite clearly your credit card agreement is terminated. It might help to send them a dictionary definition:D:lol:

When they mention a 'suitable way forward' it is to clear the balance to zero as they are numpties:D as they have no legal leg to stand on.

 

terminated on a invalid default notice in your case and admitted that the account is still open {UNLAWFULLY]

 

banker rhymes told me to not write back hastily as I had done previously see post #59 from BRW down and he suggested to send a letter to the company secretary/ chief executive enclosing a copy of the termination letter so that you have made them aware at the top of what their company are up to. look back in my thread at what banker suggests.

 

milly X

Edited February 16, 2009 by millymollymoo
added post number

[millymollymoo]

phone log:

16th feb

8.08am

8.40am

[cleo4patra]

phone log:

16th feb

8.08am

8.40am

Hi MMM - did you send the telephone harrassment and doorstep letter??

[cleo4patra]

Ha!! The old CLASSIC REINSTATEMENT PLOY - boy are they unlawful or what.

 

TERMINATION does NOT mean the not issuing a new card and says NOTHING on the letter. Quite clearly your credit card agreement is terminated. It might help to send them a dictionary definition:D:lol:

When they mention a 'suitable way forward' it is to clear the balance to zero as they are numpties:D as they have no legal leg to stand on.

 

terminated on a invalid default notice in your case and admitted that the account is still open {UNLAWFULLY]

 

banker rhymes told me to not write back hastily as I had done previously see post #59 from BRW down and he suggested to send a letter to the company secretary/ chief executive enclosing a copy of the termination letter so that you have made them aware at the top of what their company are up to. look back in my thread at what banker suggests.

 

milly X

thanks - I will check out what BRW wrote on your thread - it is very interesting that they haven't challenged the invalid DN??

[millymollymoo]

Hi MMM - did you send the telephone harrassment and doorstep letter??

 

 

No cleo I am gonna send it shortly:).

 

about not challenging the invalid default notice, they IGNORED all my requests to supply the default notice they APPARENTLY sent that was not received. I am not asking anymore and I suggest you do not say anymore about your invalid default to them. You have mentioned it - they have ignored you, all the more plus points if it comes to court action as it shows you tried to do something about it ;-)

 

Keep any response now short and sweet and not straightaway. a couple of weeks at least, as banker says and write everything with a judge in mind.

 

milly X

[cleo4patra]

No cleo I am gonna send it shortly:).

 

about not challenging the invalid default notice, they IGNORED all my requests to supply the default notice they APPARENTLY sent that was not received. I am not asking anymore and I suggest you do not say anymore about your invalid default to them. You have mentioned it - they have ignored you, all the more plus points if it comes to court action as it shows you tried to do something about it ;-)

 

Keep any response now short and sweet and not straightaway. a couple of weeks at least, as banker says and write everything with a judge in mind.

 

milly X

thanks - I combined the two letters to make one letter

[angel_1]

hiya guys and gals

 

hope you are all okay - i know we all have our moments but we come here and i feel at home,lol

 

ive had the statement this week and a letter today telling me about my arrears,,,

 

i still havent had any document other the past t&c and present T&C so no actual cca copy as they say they dont have to provide it

 

so im thinking here going to keep the dn and termination notice close to my chest for the time being but good idea now to do the CPR Form?

 

or wait for any court action from then??? or re request and sound like a silly girl that i havent had mycca copy again?

 

all confused on this one, dont stop them adding the interest hey!

 

laters angel thanks for any guidance x

[underdog13]

Have you tried a SAR, Angel?

[lexis200]

angel - have you had the account terminated on a dodgy DN too? If so, are the arrears a lot?

 

If they're not, just to get one of them off your back, would it be worth stating the DN/termination combo they've done, and saying as a GOGW you're willing to pay them the arrears if they close the account and don't register/remove any bad markers? This would work especially well if you then have charges that you could claim back after the account is closed:)

 

I know it goes against the grain if they can't prove you owe anything, and they've been so slack as to not even bother keeping vital documents, but my thinking now is that if it costs a few quid (and I do mean a few) but they're gone, it'd be worth it!

 

Plus, it doesn't stop a complaint afterwards to the authorities about their lack of compliance with the anti money laundering regulations, due to them not keeping the agreement for the 6 years after account closure....

[underdog13]

Excellent points, Lexis:) I especially like the last one:D

[cleo4patra]

Excellent points, Lexis:) I especially like the last one:D

Cleo here - I am in same position - I will think about this one!!

[millymollymoo]

Hiya all:)

 

 

yep thinking the same myself. although i think I may wait as will end up on the top of their to do list again and am enjoying no letters through my box at the mo;)

 

 

I am gonna get a letter ready though.

 

Milly XXX

[cleo4patra]

Hiya all:)

 

 

yep thinking the same myself. although i think I may wait as will end up on the top of their to do list again and am enjoying no letters through my box at the mo;)

 

 

I am gonna get a letter ready though.

 

Milly XXX

Hi MMM - cleo here - we are in exactly the same position and others as well - do you thin there is anyone on this site who could help us to draft a letter - individually i mean but saying the same thing about the dodgy (or no) DN and termination in the spirit of Underdogs post number 170? I am thinking from a legal aspect??

speak soon cleo

[millymollymoo]

I agree we do need help by a mod in this respect.

 

milly XX

[cleo4patra]

I agree we do need help by a mod in this respect.

 

milly XX

Anyone out there could help us draft a letter please?? thanks