Visa card CCA - Enforceable ?? -

[Charmer]

Quick brief. Defaulted on Bank of Scotland card in 2002. Default notice issued. Been paying back through CCCS ever since. Found this site at the end of last year and sent them a CCA request. No response at 12+2 so i sent them in dispute letter. The very next day after they signed for it, i received this.

 

What it looks like to me is an Application Form (It says Application Form at the top although it is very bad quality :-

 

http://i42.tinypic.com/wlsiyw.jpg

 

Page 1 of the Terms and Conditions. Now this is where i think they have been a bit naughty. It says at the top, The parties to this agreement are:- BOS and they're address. Beneath this is my name, but the address they have put for me is wrong. I didnt actually move into the address they are stating until 3 months after they issued me with the card and i never applied for any credit at the new address. So the address on the application form and the address on the T&Cs is completely different. Looks like they have doctored the T&Cs in a hurry and put the wrong address on, the fools !!

 

http://i42.tinypic.com/2h51hrq.jpg

 

Page 2 (T&Cs continued)

 

http://i41.tinypic.com/30saamv.jpg

 

Page 3 (T&Cs continued but in a completely different font !!!)

 

http://i40.tinypic.com/8zl65y.jpg

 

 

 

Can someone just confirm if these is valid or not and if not possibly help with a letter possibly with a bit about them being naughty for doctoring T&Cs and messing it up.

 

One last thing. Blair, Oliver & Scott have been administering the account since 2002. I CCA'd Blair Oliver & Scott but received this info back with a Bank of Scotland headed letter. I know they are one & the same but should i write back to Blair, Oliver & Scott or Bank of Scotland.

 

Many Thanks

[BankFodder]

We have heard of this kind of thing happening before. I would say that the document has no validity and that they are unable to satsfy the requirements of the CCA

 

More evidence of the unscrupulous behaviour of this bank

[Charmer]

Thanks. Should i do nothing or write back to Blair Oliver & Scott or Bank of Scotland telling them to bugger off ?

[Charmer]

Hi All

 

Please can someone take a look at the latest letter that i have received from BOS because i am a bit confused now.

 

http://i42.tinypic.com/29da3o9.jpg

 

It states that they have complied with Section 78 of the CCA 1974 but if you look at my screen grabs in the first post i only ever received a copy of an application form and some forged T&Cs. Also the letter says that the CCA 1974 does not prohibit collection activity when the account is in dispute. I thought if an account was in dispute they couldnt ask for payment

 

Any help would be greatly appreciated as to what to do next. Do i just ignore them, SAR them or start payments again.

 

Regards

 

Charme

[Charmer]

sorry to bump my own post but can someone please help. Blair Oliver & Scott have started the phonecalls and im unsure what to do. Can someone reply to my last post.

 

Regards

 

Charmer

[Huff&Puff]

They lie. A lot

 

Just tell them that you won't be paying them any more until they supply a proper CCA as required by law, and that you will vigourously defend any court action. Then ignore anything else, the ball is in their court after that.

[Charmer]

Back in 2002 i started a DMP with CCCS,

wrote to all my creditors explaining i was in difficulty and would be repaying reduced payments.

 

 

Pretty much everyone except HBOS issued defaults straight and as of now my credit file is clear

EXCEPT for HBOS who originally chose to accept reduced payments for 4 years and then decided to issue a default notice in 2006.

 

 

This is now hurting my credit file.

 

 

I have written to them and they replied saying they were well within their right to do this and the default would be staying.

 

 

Simple question then.

 

 

Are they within their rights to wait so long before issuing a default

and could i take this further to get it removed.

 

 

Thanks for you help.

[Bazooka Boo]

IMO a default is normaly actioned and enetered onto a CRF 4 weeks after the defautl has occurred, so by them failing to up date your file when the account was in actual default, is against the DPA S.10, and a formal complaint should be sent to HBOS as well as the CRA's who have allowed this incorrect information to be placed on your file.

 

If they are reluctant to correct the actual date of default then you should involve the ICO http://www.ico.gov.uk/complaints.aspx and send HBOS an LBA with a view to taking them to court to sue for damages.

[Hardupnotfedup]

I believe that a default must be filed within 6 months, I am sure someone will correct this if I am wrong

[Hardupnotfedup]

THIS IS COURTESY OF PINKY69 OFF ANOTHER THREAD TODAY I'm sure she won't mind me copying it

 

The ICO's Technical Guidance on defaults states that a default should be entered with a reasonable time after an agreement Breakdown and suggest it should be entered no later than 6 months after the breakdown. To enter a default on an account 5 years after the breakdown occured is against ICO guidelines. Tell DLC to remove the default or you will make a formal complaint to the ICO to have it removed. You can find the full guidelines on filing defaults under Data Protection on the ICO's website

 

[harrassed senior]

Accuracy of a lender’s default records

39 Records

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

 

Agree entirely with BB - found the above which may be of some help.

[the_shadow]

I believe that a default must be filed within 6 months, I am sure someone will correct this if I am wrong

 

The ICO default guidelines state:

 

• Accounts should normally be filed as being in default where those payments due have not been received for six months.

 

S.

[huggy41]

subbing

[twofoot]

You need to send a very stern letter and complain if they won't budge.

[Bazooka Boo]

And kick up a stink with these irritating CRA's aswell!