Taz11 v RBoS credit card debt

[Taz11]

Another answer from Bank Of Scotland !!!, even though they have told me in one letter they will not be seeking enforcement they now send me this. Should I bother replying ??? I like the part that says

 

"For the avoidance of doubt, the consumer act 1974 does not prohibit collection activity when an account is in dispute"

 

I was under the impression it did ???

 

 

Just to add, I have never as yet, received an agreement in any way shape or form, just T&C's, so don't know howshe can state they have sent such an item and complied with the request??

 

 

I am just itching to send the letter I received from them a while back stating they will not be enforcing (obviously a case of the left hand not knowing what the right hands doing), but think that may be showing my hand too much ???

 

What do you think??

 

 

Edited March 30, 2009 by Taz11

[citizenB]

Taz, I think it might be helpful for you to have a look at lexis200's threads on Bank of Scotland and Halifax. It seems they use the same letter formats most of them cut and paste jobs that havent been properly proof read before sending . You will find lots of useful letters crafted by lexis that you can use.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/156429-lexis200-hbos-blair-oliver.html

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/160990-lexis200-bos-take-two.html

 

HTH:D

[BlueSquirrel]

So basically they can send any old thing as long as they send it within the right time frame . I think there are a lot of people out there who still believe that banks would not tell you something that isn't true... it's a good job there are plenty of people on CAG who know different.

 

I still don't understand why there is all the posturing about WHY they don't need to send the original CCA. If they have it, why don't they send it? This is a contract not a game of poker

[Taz11]

Ok, Have sent all previous letters to BOS and subsequent DCA's (including capquest) explaining that BOS have stated that the debt is not enforceable (see post 21), and have just received this from Capquest

 

Could you please post what your reply to this would be, given that BOS have stated it is not enforceable and I have already advised Capquest of this :-x:-x

capquest letter.pdf

[citizenB]

You say you have a letter from BOS saying that they know the account is unenforceable ?

 

Have you posted it up .. if not can you do so please. Then I can help you draft a response.

 

Aha, I see that they then sent you a further letter saying that collection activity is NOT enforcement.

 

Ok, I will think of something and post it up later on.

 

Any chance of seeing the first letter that CaPQuest sent to you ? and did BOS ever send you a default notice ?

Edited May 4, 2010 by citizenB

[citizenB]

You will need to have a read of the following thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

[Taz11]

Hi CB,

 

Here are the "threatening" letters so far from Capquest.

 

9th march, letter before action

30th march, doorstep action.

 

I replied to the "doorstep action" stating the account was in dispute and I will not communicate with any representative "at the door"...only in writing.

 

 

They replied, saying they would put it on hold....................and then I get the letter in post "54"

 

I just would like to know what to reply...........considering BOS have stated in black and white that they cannot enforce it in courts as they have no original agreement

 

 

Thanks again CB

 

Taz11

capquest9thmarch.pdf

capquest30thmarch.pdf