Blair, Oliver & Scott Prompted into action

[deepdebt]

Hello,

I have previously started a thread covering some of the basics of Halifax/Blair Oliver & Scott but now need to start a new thread as it looks like its going to be a long year.

 

After 3 appointments with our local CAB, a Financial Statement was sent to BOS who have completely ignored it and our offer of nomimal monthly payments and instead we have rec'd

 

Notice of Intended Court Action

Halifax Against deepdebt

 

Sum Claimed XXXX Due buy month end.

 

Acount number xxxx xxxx xxxx xxxx

 

Formal Notice is hereby given that our client has instructed us to commence court proceedings against you without delay.

 

Papers are now being prepared etc etc.

 

Well as you can imagine, where my wife was somewhat hesitant about sending a CCA request this has now spurred her into action and yes the above letter has resulted in a CCA request being despatched today!!

 

Is there anything else that can be done, the credit card is about 8-10 years old and had 300+ worth of fees and charges applied out of the blue last year by the Halifax after having run the account with interest etc frozen for 4 years +.

Thanks

[deepdebt]

Hi All,

 

CCA time limit up soon so its 'Account in dispute' letter on Monday.

 

Otherwise received no threatograms, no phone calls, nothing so at least the CCA request did something.

 

I'm beginning to think I'm being ignored.

 

SAR next direct to Halifax, that way I'll get a list of all of the mega charges applied to the account.

 

See today they've lost a whole load of money in 2008 must have been all the 'debts' they sold cheap to worst credit.

 

Let you know what happens as soon as it does.

 

Bye for now.

[davey77]

As you have probably realised that threatogram from BOS is standard template stuff. Unusual that you have had more junk from them tho. Normally they don't stop until they get really bored.

[deepdebt]

Hi davey77,

 

Many thanks for your excellent thread :-

 

Davey vs Halifax/BOS/Cabot

 

Re my T&C's question on your thread, I received my CCA from the 1980's and it came with the same T&C's as yours? just thought it was strange.

 

I've had a great deal of grief from the Halifax with massive amount of extra charges and I think, they think they have got a solid CCA hence the agro.

 

Going to get hold of a scanner tomorrow to show agreement here for comments.

[davey77]

That will be the most recent T&Cs. Not the ones in force at the time of application. (They can't be bothered to find the originals - if they have them.)

 

It all depends of the age, balance and how you put your case to them i think. And how much they are willing to risk failure (even if that is a small risk in the case of improperly executed) when it comes to Court.

 

I am quite lucky in that mine has been sold to Cabot and so (to them) if probably worth £200-250 at best.

[deepdebt]

Hi davey7

 

Well we are talking 1980's and Xk.

 

Hope to get cca here tomorrow.

 

Yes I agree there the latest and certainly not the originals that are supposed to be 'on the back of the agreement' according to the form.

Edited March 5, 2009 by deepdebt

[deepdebt]

Hi All,

 

Following my CCA request to BOS I've received the following from the 1980's, can't believe my luck, can those that know please comment on the validity of below, many thanks.

 

 

 

 

You will see the agreement is from 1980's and these T&C's above are from June 2007, I don't understand the relevance, any ideas?

[davey77]

The bottom page is just the updated agreement after a variation. I have several versions of those for the same account. The signature document is the important one.

 

The Application form could be ok. (Finding it hard to read tonight, been on the computer too long.)

 

For your information the Prescribed Terms are:

 

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

All i can say at the moment is that there are obviously other parts to this 'agreement' and as such you are entitled to all parts. As yours states:

 

"Under the terms of this agreement as set out overleaf"

 

"The society will determine and notify you of the credit limit from time to time (Condition 1)"

 

"Within 25 days of the date of your monthly statement..... (Condition 5)"

 

"Interest will be charged on a daily basis... (Condition 6)"

 

"For cash advances the APR is 21.7. In calculating the APR....(Condition 13)"

They are probably referring to T&Cs unless there is another part to this document altogether in which cash you must be supplied the document and all it's part including that which those 'conditions' contain.

 

Section 78.1 of the Consumer Credit Act 1974: “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”

[deepdebt]

The bottom page is just the updated agreement after a variation. I have several versions of those for the same account. The signature document is the important one.

 

The Application form could be ok. (Finding it hard to read tonight, been on the computer too long.) Sorry but the supplied copy is quite bad, done my best to scan it.

 

For your information the Prescribed Terms are:

 

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

All i can say at the moment is that there are obviously other parts to this 'agreement' and as such you are entitled to all parts. As yours states: No other parts have been supplied?

 

"Under the terms of this agreement as set out overleaf" There was no terms overleaf supplied.

 

"The society will determine and notify you of the credit limit from time to time (Condition 1)"

 

"Within 25 days of the date of your monthly statement..... (Condition 5)"

 

"Interest will be charged on a daily basis... (Condition 6)"

 

"For cash advances the APR is 21.7. In calculating the APR....(Condition 13)"

 

They are probably referring to T&Cs unless there is another part to this document altogether in which cash you must be supplied the document and all it's part including that which those 'conditions' contain. How do I go about getting anymore of this doc from them?

 

Section 78.1 of the Consumer Credit Act 1974: “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”

 

Many thanks for your input, really appreciate any help.

 

I have the feeling that they've got me on this one???

[emmaf01]

So dispute on the charges!

 

Will they and the interest accrued on them clear the balance?

[davey77]

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

 

----------------

 

Reply quoting section 78.1 as above (any other doc referred to..) stating they need to supply all documentation referred to otherwise they have not fulfilled their statutory obligations.

 

See if you can get the experts opinion on your application form: steven4064 or PT2537. Try adding a link from this page to this thread and ask for opinions:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184802-discussion-enforceability-agreements.html

 

Send a written recorded delivery complaint to Trading Standards to that effect. (Should the consensus be they have not complied with your request for information.)

[deepdebt]

So dispute on the charges!

 

Will they and the interest accrued on them clear the balance?

 

Hi emmaf01

 

Quite possibly, 300+ pounds was added last last year and this account goes back to the 1980's!!!

 

Alongwith accrued interest could very easily clear the balance and more.

[deepdebt]

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

 

----------------

 

Reply quoting section 78.1 as above (any other doc referred to..) stating they need to supply all documentation referred to otherwise they have not fulfilled their statutory obligations.

 

See if you can get the experts opinion on your application form: steven4064 or PT2537. Try adding a link from this page to this thread and ask for opinions:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184802-discussion-enforceability-agreements.html

 

Send a written recorded delivery complaint to Trading Standards to that effect. (Should the consensus be they have not complied with your request for information.)

 

Many thanks davey77 will do.

[deepdebt]

So dispute on the charges

 

Guess that means an SAR to get copies of some more recent statements, can't see them supplying all the way back to the 80's but hey its worth a try.

[deepdebt]

You have to be careful when requesting a CCA because like know where one has been pulled out of the bag from 1980's I'm stuffed!

 

So time to rollover and wait for the SD to arrive, what joy.

[Gingerbread]

Hi deepdebt. PM sent

[cashins]

Deepdebt, have you checked that the Default Notice was valid?

 

David