BoS CCA What to do next?

[Al1971]

Hi all

 

I have a BoS mastercard which I defaulted on last March. I am currently paying reduced payments towards a balance of £10k.

 

I sent a CCA request to them and I received this letter:

[Al1971]

I also received the following:

 

[Al1971]

Continued:

 

[Al1971]

Are these enforcable?

 

What should I do next

 

Cheers in advance

 

Al

 

Ps Is there a neater way of posting images?

[craigers]

Its just an application form!

 

EDIT: Oops! My screen is all fecked up. I see the CCA. Its just T&Cs made to look like an agreement. It doesn't meet the requirements- its missing required terms, there are no mention of late payment fees etc, ...

Edited March 20, 2009 by craigers

[Al1971]

Thanks craigers

 

Any ideas what letter should I send now?

[Al1971]

Can anyone help with what my next step is with this?

 

Which letter should I send?

[citizenB]

 

Ps Is there a neater way of posting images?

 

The best way to put the images on the forum is to use Image hosting, free photo sharing & video sharing at Photobucket

 

You will need to register, but it is free. Upload your images then, you can copy and paste the image code into your thread. This will leave a thumbnail image in the post which CAGers can then click on to see the full size.

 

The letter in the first post says you were served with a Default notice. and the agreement was ended on the 20th March 2008, suggesting you were also served with a Termination Notice. Is there any chance you can remove any identifying information and let us have sight of those please.

 

The more information people have, the better advice they can give.

[Al1971]

Thanks for your reply, citizenB.

 

I don't think we got a Default notice (can't find any in our records). I just started getting letters from Blair Oliver & Scott.

 

We have been paying a reduced amount to Bank Of Scotland since Dec 2007.

[Al1971]

CitizenB

 

I was going send this to them:

 

Dear Sir/ Madam

Thank you for your recent letter sent to me dated 12 March 2009, the contents of which are noted. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 19 February 2009. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 9 March 2009 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 09 March 2009 and may subsequently commit a criminal offence on 9 April 2009.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

What do you think?

Cheers

Al

[citizenB]

ALternatively you could use the letter in the link below.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent.html

 

Other template letters are in my signature.

[Al1971]

Yeah - will go with that one: short, sweet and to the point.

 

Waiting game

 

Cheers

 

Al

[citizenB]

Yeah - will go with that one: short, sweet and to the point.

 

Waiting game

 

Cheers

 

Al

 

 

It certainly is.

[24233513afw]

Hi 1971

Noticed you havent been on forum for a while, if you do get this message could you possibly let us know how its going. We received something very similar to your CCA today for 1996 but for two CC 1 - Mastercard & 1 Visa.

Not sure ho it stands as cant imagine how an application card without any terms within the four corners would stand up in court. I am going to post this up soon.

Hope everything went well for you

AFW