BOS Preference Account - is this agreement enforceable?

[Fred Bassett]

Ok quick update on this thread in case it helps others....

 

As you know HBOS tried to get away with it being a bank account - proven by experian and now actually admitted by HBOS that it is a credit card/loan account - and regulated under by The Consumer Credit Act 1974.

 

So, I have asked them to kindly direct me to where in the alleged copy agreement provided, it states the account is regulated by The Act, with consumer rights and remedies under The Act, including cancellation rights, and where all the required prescribed terms are.

 

They are refusing to answer, directing me to FOS or the Courts if I remain unhappy with their response, and have now got Wescot on the case.

 

Wescot have been sent the bemused letter, including the reasons why the acct is in dispute, so that should see them off too.

 

More as and when ....

 

Abs x;)

 

Wescot are idiots. You'll soon see them off.

 

They also accept correspondence by email - it will save you the postage.

 

Regards.

 

Fred

[Abby25]

Hey Fred ... good to hear from you .. long time eh .. !!

 

Yep with the little knowledge I gained from here, and the great help of Caggers like yourself I fear no DCA or Lender ... !!!!

 

Abs xx

[Abby25]

Update ... following chasing letter from Westcot I duly sent an "in dispute" letter, advsing them to refer the matter directly back to BOS ... to which Wescot replied that their client doesn't need to give me a copy of my signed agreement, and that I should contact them if I had a dispute .. ???

As a load of twaddle, I just ignored this letter from them ... then Sat am I received a letter from Wescot, who were "delighted" to tell me that their client BOS had specially selected my account to receive a substantial discount to settle the debt .. I have 10 days to contact Wescot, or their client (BOS) will withdraw their offer...

And round ... and round.... we go .....

Abs xx

[jon888999]

I got the same offer last year and replied with this:

Account remains formally in Dispute.

Misrepresentaion under the fraud act.

UNDER NO CIRCUMSTANCES ARE Hbos PERMITTED TO TRANSFER MY personal data TO ANY THIRD PARTY.

 

 

Dear Sirs

 

With reference to your letter dated 1st April 2009, which I can only assume to be Aprils fools joke. A copy is attached for your ease of reference. The contents of which are noted.

 

I must admit to bemused and concerned about your Frivolous demands for payment. This account is subject to a serious formal valid dispute and has been for some considerable time.

 

 

Clearly, the alleged debt is disputed. You have been provided with full details, but have failed to make any substantive effort to resolve the dispute. It should not be necessary to remind you that the Office of Fair Trading Guidance on debt collection is clear that failing to suspend collection activity whilst a dispute is unresolved is an Unfair practice. Your activity also appears to be contrary to ss.3(b) & 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

As you have failed to provide an enforceable Agreement, you are now in breach of OFT Collection Guidelines, and have also breached my s10 Data Protection Act request , My request for refund of Unlawful and unauthorised charges has also been ignored.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40.

 

 

I note your Frivolous threats to sell my account to a debt collection agency, under no circumstances are you permitted to transfer my account to any third party. If you transfer my account to any third party, this will be invalid & unlawful.

Immediate complaints will be made to all relevant regulatory bodies including. Trading Standards, OFT and the Data Commissioner.

I will also complain to My Local MP.

 

I will also advise any third party you assign or sell this account to, to seek redress from yourselves.

 

I have repeatedly requested a signed copy of the credit agreement, which complies with The CCA 1974, which you have not been able to produceand I do not recognise any liability to you or your legal right to pursue this alleged debt.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

Should I need to pursue court action there I am currently in discssions with a firm willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs.

 

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. This alleged account is subject to a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any information in respect of this account with any of the credit reference agencies.

You may not issue a default notice related to this account.

Consequentially any legal action you pursue will not not only be VIGOROUSLY defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

 

I trust this outlines the situation.

Yours Faithfully

[Abby25]

Hey Jon ... great to hear from you again on this one !!!

 

Thanks for the copy of your letter that you posted up .. have decided to just ignore the "offer" letter - but will respond if they write again - telling them to bog off .. again !!!

 

As always ... watch this space ... updates and developments as and when ... !!!

 

Abs xx

[Abby25]

Quick update ....

 

Wescot did indeed write to me again, following their offer letter, instead with a letter of threats, to which I sent them the bemused letter, advising the account was in serious dispute and that it would continue to be so until BOS provided a correctly executed and lawful agreement in the matter.

 

That was 24 April, today recd a letter from Wescot advising ....

"having contacted their Client, they have advised that your complaint has been finalised and request you contact the Financial Omudsman Service if you have further disputes".

 

As this is a total load of tosh given by BOS to Wescot was just going to ignore, as we know referring to FOS is useless as they are not qualified to comment upon the legaity of contract law nor pass any judgement that may be enforced in law.

 

Suggest a reply back to Wescot or just leave and see what happens?

 

Abs x

[Abby25]

sorry .... duplicate .. deleted...

[Abby25]

Small bump on if you think I should reply to W..cot or just ignore and see what comes next ?

 

Abs x:)

[tanqueray74]

Palomino,

 

The loan is completely separate - nothing whatsoever to do with the preference card. In my case, I didn't sign the preference part of it, but for some mad reason signed another copy of it later on. Everything indicates that this is a credit card.

 

Regards.

 

Fred

The same with me

[Abby25]

Just an update on this on going saga .... and to remind everyone in the same boat ....

 

I have made BOS admit, in writing, that the account IS regulated under both English and Scottish Law, and by the Consumer Credit Act 1974 and they now call it ..... a credit card

 

They won't answer my letter thanking them for confirming its regulation, and where in the agreement provided it declares its regulation under The Act, cancellation rights, and all the required prescribed terms necessary under S60(1) in the formation of a properly executed agreement.

 

Their only reply, is we have answered all your queries, please refer to FOS if you remain unhappy with our response.

 

So ... there we have it .... they won't and can't respond to my letter because they're dammed if they do ... and dammed if they don't ... which suits me just fine ...

 

Abs x

[Fred Bassett]

Just an update on this on going saga .... and to remind everyone in the same boat ....

 

I have made BOS admit, in writing, that the account IS regulated under both English and Scottish Law, and by the Consumer Credit Act 1974 and they now call it ..... a credit card

 

They won't answer my letter thanking them for confirming its regulation, and where in the agreement provided it declares its regulation under The Act, cancellation rights, and all the required prescribed terms necessary under S60(1) in the formation of a properly executed agreement.

 

Their only reply, is we have answered all your queries, please refer to FOS if you remain unhappy with our response.

 

So ... there we have it .... they won't and can't respond to my letter because they're dammed if they do ... and dammed if they don't ... which suits me just fine ...

 

Abs x

 

I haven't heard from BoS for yonks, but I did get a text from my black-pudding eating mates Iqor today asking me to ring them URGENTLY over a personal financial matter. I doubt that they're going to tell me I've won the lottery so I've resisted the urge so far. I don't know which account they've got now but I do hope it's this one as they're such fun to play with.

 

Fred

[Abby25]

You're spot on Fred ... IQOR have already written to me for BOS - who have received a nice bemused letter ....

 

Seems as though BOS have sold a load of crapo depts to IQOR ... let the games begin ...

 

I've just put a load of paper in my printer ready .... !!

[Fred Bassett]

You're spot on Fred ... IQOR have already written to me for BOS - who have received a nice bemused letter ....

 

Seems as though BOS have sold a load of crapo depts to IQOR ... let the games begin ...

 

I've just put a load of paper in my printer ready .... !!

 

I hope so, I really do. The thing is, I've already seen Iqor off on this account once, so if they've bought it, that will be double the fun.

 

Regards.

 

Fred

[reallymadwoman]

Funnily enough I've also had a BOS account recently sold to Iqor, again having already seen them off once on the same account.

 

I think with the likes of us 'persistent offenders' BOS have genuinely run out of DCAs to instruct and we're on the second time around!

 

Are we worried? Answers on a microdot please ....

[Abby25]

Well I'm obviously in good company ..... IQOR have no idea who they've taken on have they kids .... !!!!!

 

BRING .. IT .. ON ..... IQOR .... WE ARE READY WILLING AND VERY ABLE !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Abs x

[hatesdebt]

Excellent reading and subbing!

 

Any updates Abs?

[Abby25]

So glad you asked .... !!

 

In a word NO .... not since early July - when I sent another bog off letter to them ...

 

There is absolutely no where for these plonkers to go ... they have mucked up on a spectular scale in how they have handled this from start to finish ... and have well and truely buried themselves from the lies they have told, to the illegal agrement they sent me, and everything in between ....

 

If you need help with your own, give me a shout .....

 

Abs x

[hatesdebt]

Nice one...

 

Thanks Abs, I may be embarking on this journey in the near future with them. Mind you, I can't remember AT ALL how I ended up with a preference account card. Can't think of any loans or anything else that could relate to it and don't remember applying for one....

[Abby25]

Thanks

 

Well mine came with a car loan - this seems to have been the way they handed them out .. !!!

 

When I went back to sign the car loan agreement and collect the car, the salesman was "delighted" to tell me that I had also been selected to recieve a flexible loan account, called a Preference Account - and thats where this little adventure began .... !!!!

 

Just shout if you need any help !!

 

Abs x

[hatesdebt]

.......Will do. Hope all goes well for you......

[Abby25]

Here is an update .... today recd notification that the debt has been sold to a DCA - First Credit. One battle one ... and I have every confidence in winning the war, as its off loading by BOS still doesn't make this any more enforceable or valid.

[DebtSufferer]

Snap Abby25,

 

They must have purchased a batch of Preference Accounts from BOS

 

My Brother and his Wife have just received a letter from 1st Credit and BOS stating they have sold Preference Account to 1st Credit.

 

I have read your thread with great interest, my Brother had a thread on here but is too ill to manage it, therefore we are trying to help them fight BOS and 1st Credit.

 

I have just joined and posted up a new thread today to try and help them through this dilema. Hopefully with you and a few others on our side we may all be able to put this lot to sleep for good.

 

They have tortured my Brother and his Wife for the past 3 years regarding this account, with the amount of interest they have paid to it they could have cleared it ten fold. BOS are greedy ********.

 

The agreement we have is like a two side (Side by Side) agreements one for a loan and one for preference account. I shall try and get them posted up tomorrow night and get the name of the original thread that my Brother was posting on. Also I am sure I have seen a copy of the same T&C in his paperwork that you have posted up

 

Any guidance would be a tremendous help to us.

 

If we can fight this battle together we may have a chance of them falling and not getting back up.

 

DS

Edited July 22, 2011 by DebtSufferer
Left out some text

[Fred Bassett]

You've got a good chance of fighting this one. BoS got themselves in a real mess over these accounts.

 

Fred

[reallymadwoman]

There are several threads on how unenforceable these agreements are, including one where BOS went to court and folded at the last minute.

[Abby25]

Well they have confirmed the agreement is regulated under the CCA74 - the copy agreement sent, despite mising various prescribed data - most importantly does not mention anywhere, nor isit headed, that it is a credit agreement regulated under the Act. So I know that they have absolutely no chance of either cobbling a case together, nor winning a legal battle.

 

I also have tons of written evidence where they first of all lied and said it was a bank account, and that it was not regulated at all under the Act - then when I questioned why I had recd recent revised t&cs stating it was regulated - they folded and said yes it is regualted under both English and Scottish Law.

 

I would love the opportunity to put all that before a Judge - the fact that the willfully attempted to deceive the debtor and mis-represent the situation, in an attempt to withhold from them, their lawful rig

hts under the CCA74 ....... ooh .... how I would love to see them squirm !!

 

Updates as an when my friends ...

 

Abs x

Edited July 23, 2011 by Abby25