Blair Oliver Scott debts

[cheekylilmonkey]

Hi there

 

Please be gentle with me, I am new to these forums.

 

I have sent the following letter to Blair Oliver Scott with the £1 fee (which they have banked) for two debts which they are chasing me for

 

Blair Oliver and Scott

PO Box 66

Rosyth

KY11 2WG

 

(Via recorded delivery)

 

21 November 2008

Dear Sir,

Re: Agreement reference xxxxxx

 

I am presently striving to organise my personal information and can find no reference to the above agreement that I am presently paying money into.

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque for the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

Yours faithfully

xxxxx

 

I have had no respose to them since 21st November, can anyone tell me what I should do next?

 

Any help is much appreciated

 

Thanks

[rory32]

Hi and welcome to CAG.

 

What types of accounts are these e.g. credit card, loan, overdraft and when were they taken out roughly?

 

Are you still paying them?

 

Are there any charges on the accounts and if so do you have any idea how much these may be as a percentage of the balance?

[cheekylilmonkey]

hi

 

One is a loan and the other is a credit card. They were taken out 5-6 years ago. They are not adding any charges or interest since the time they were passed to BOS which is about 4 years ago

 

I have been paying them and did so at the beginning of December although a very nominal sum as I am not working presently - can I stop now as they are in default of my request

 

Thanks

[rory32]

can I stop now as they are in default of my request

 

Yes.

[postggj]

just a quick question rory

 

we all know that barmy, orrible, and stupid are hbos in house dca

does the notice of assignment apply to them

that is , hbos the creditor, bos the dca

or is there no assignment being the two are one and the same

[cheekylilmonkey]

thanks for your help so far. Do I need to send them any further letters to follow up the fact that they havent provided the agreement?

[postggj]

hi cheeky

word of encouragement

hbos had no agreement or default notice for me

gave me the run around for six months

in the end all account info and default gone from cra

they did not even inform me of this.

you just have to keep at it and not take no for an answer

[cheekylilmonkey]

hi cheeky

word of encouragement

hbos had no agreement or default notice for me

gave me the run around for six months

in the end all account info and default gone from cra

they did not even inform me of this.

you just have to keep at it and not take no for an answer

 

thanks gg, I will keep at them definetly, but what do I need to do, I've just stopped my standing orders to them so do I wait until they start harassing me before I do anything else, or should I be writing to follow up my CCA request?

[postggj]

every letter they send, use the law to rebuff what they say

i think they just got fed up with me in the end

i did send them a letter before action

it did the trick