Blair, Oliver and Scott - Notice of Intended Court Action

[Starbar]

Hi Guys,

I received this letter today from Blair, Oliver and Scott and I'm not sure what to do, it says it’s a notice of intended court action.

 

I've sent a CCA request off to the Halifax on the 22nd December but at the moment I haven’t received any replies only telephone calls from this company and letters, but today I’ve received this one any advice on what to do now please?

 

[vexlitigant]

Hello Starbar

 

What is this for. Credit Card, Overdraft, or Loan?

 

When was the above taken out?

 

How much is the debt for. Is it for more than 5K?

 

What other written correspondence have you received from them?

 

Thanks, Vex

[silverfox1961]

hI,

While i'm not sure about the letter I do have a couple of questions for you

 

Did you send your CCA request recorded delivery?

Have you sent an account in dispute letter?

 

 

fox

[berrylover]

Send them this, recorded delivery and unsigned, but don't expect them to take much notice as they are useless. They are not going to take you to court by the way, that is just an empty threat. Don't panic. I am dealing with these muppets at the moment.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

 

 

 

ACCOUNT IN DISPUTE

 

 

Dear Sir,

Thank you for your letter dated (enter date) . I must admit that I am rather bemused as to why this account is still being pursued by yourselves, as it is in dispute with Halifax and has been (date of 12+2 after CCA request sent). Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As Halifax are now in default of my Consumer Credit Act request I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, 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 do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Now I would respectfully suggest that this account is returned to Bank of Scotland for resolution of these defaults and breaches, as Blair, Oliver and Scott cannot lawfully pursue any enforcement activities.

 

If Blair, Oliver and Scott chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I would appreciate your due diligence in this matter.

[jaxads]

Hi Starbar,

 

My account was with bank of scotland and they passed to Blair Oliver & Scott (their own in house collectors). I used to be terrified of them until I found this site and stood up for myself.

 

Once they couldn't produce the CCA, they passed the account to various other DCAs and thanks to the letters on this site, they had to then keep passing it back to Bank of Scotland due to the lack of an agreement.

 

They eventually sold it to Moorcroft (what makes them think they can succeed I don't know) and I've been corresponding with them for a few months now!!

 

That is just what happened to me -- and after all this time ...... still no agreement. Poor Moorcroft, buying an account with no paperwork

[Starbar]

Hello Starbar

 

What is this for. Credit Card, Overdraft, or Loan?

 

When was the above taken out?

 

How much is the debt for. Is it for more than 5K?

 

What other written correspondence have you received from them?

 

Thanks, Vex

 

Its for a credit card and the account was open some time ago I'm not sure when early 90's I think.

 

Its over £5k

 

I've only received letters telling me to call them and pay.

 

I've receive nothing from the Halifax since Nov 08 when they agreed to my £1 token offer until Jan 09. But BOS have been chasing for more payment since the start of Dec 08. I have not spoken to them or written to them either.

[Starbar]

hI,

While i'm not sure about the letter I do have a couple of questions for you

 

Did you send your CCA request recorded delivery?

Have you sent an account in dispute letter?

 

 

fox

 

 

Hi yes I did send the Halifax a CCA request by recorded delivery on the 22nd Dec 08 but I havent received anything as yet. No I havent sent an account in dispute letter.

[42man]

Send them the letter above in post #4 (recorded)

[vexlitigant]

1/ Credit Card taken out in early 90's - very encouraging. The likelyhood of them retrieving anything enforceable, or perhaps anything at all is reduced.

 

2/ DO as 42man suggests. Get the letter from post number 4 into the post ASAP. Send it recorded, do NOT sign it. Use a digital signatuire.

 

I'd be optimistic if i were you, that this is heading nowhere.

 

Cheers Vex