Bank of Scotland cannot find agreement for £8900 debt !!

[slybeth4]

Hi all,

 

Followed the usual templates 12days plus etc. Then did a 'do not acknowledge debt' etc. A few letters between Bank of Scotland and me and I finally issued a CPR31.16 and they caved in !!!!

 

Received letter today saying that cannot find my agreement from 1998 but I signed the application form ! They were satisfied that the terms were on the reverse of the application form !

 

They say, while we try to locate the agreement (guess never - cos they have had weeks), we will NOT be enforcing the agreement !!!! They say a contract still exists, but they realise they are prevented from seeking enforcement through the courts.

 

So that's it as far as I am concerned. No £8,900 debt !!! Find the agreement or go away !!

 

They have refused to remove the default, but that is flawed anyway as they only allowed 10-day and not 14-days. But I am going to allow the poor devils some breathing space !! before I hit them again !!

 

To be fair to them they did not pass mattes to debt collectors etc. They have dealt with dispute.

 

So at the moment my £8,900 debt is stalled !!!!! until they find the agreeement. good luck BOS !!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Pinky69]

Great! Same happened to me with BOS - they eventually just wrote it off.

[willtheywontthey]

can I ask if the CPR31.16 request has to be done because you intend - or have gone - to court??

 

Is it possible just to use this clause (whatever it is!!) to somehow just force them to give you the correct cca??

[willtheywontthey]

slybeth - may I also ask which dept or person you contacted / contacted you - could you PM me details please? getting nowhere with them still

[Abby25]

Hi Wills,

 

I sent Mint a CPR31.16' after they sent a generic app - they came back (eventually) saying that they didn't have any agreement at all ...but they considered still legally enforceable .. blah.. blah .. blah (have my own thread on this if you want more info).

 

After all Wills, CPR31 is only saying that you require the doc, to enable you to consider your position (pre any court action) ... and it also saves you the £10 fee a SAR would cost...this was good advice given to me by another experienced Cagger - and it worked a treat

[slybeth4]

can I ask if the CPR31.16 request has to be done because you intend - or have gone - to court??

 

Is it possible just to use this clause (whatever it is!!) to somehow just force them to give you the correct cca??

 

Hi,

 

I believe it is done just after summons etc has been received. But it makes no difference so I just went for it before court. I used CPR31.16 to force them to reveal their cards beforehand !!!. This really means they have to tell or it could jepordise your defence.

[slybeth4]

Great! Same happened to me with BOS - they eventually just wrote it off.

 

Cool, we are both winners. Did you get the default removed???

[slybeth4]

slybeth - may I also ask which dept or person you contacted / contacted you - could you PM me details please? getting nowhere with them still

 

Hi, the address for correspondence I used was

 

Card Services

Pitreavie business park

Dunfermline

Fife

KY99 4BS

 

I did not write to an individual, but my final letter was signed by Anne Gartshore.

 

I would not worry to much as I said, they will cave in. Do a CPR 31.16, this will force them to reveal all.

[surprise]

I expect that they will sell this debt at sometime in the future, so keep your letter safe so that you can send a copy to any DCA that contacts you.

 

This has happened with me by Lloyds. In October 2007 Lloyds confirmed that they had no agreement and that they would not be seeking payment through court although there was evidence that the debt existed. I was last week contacted by a DCA. I've just sent them a copy of Lloyds letter told them to go back to Lloyds. I did tell Lloyds that as there was no agreement they had not been given my permission to pass my details on to 3rd parties. If I was contacted in the future by other DCAs then I would report them to OFT. OFT were copied in on the letter to the DCA together with other correspondence. I'm just waiting to see what happens next.

 

Unless they actually write the debt off you will have to wait six years since you last acknowledged the debt before you are free of it.