BOS Preference Account - is this agreement enforceable?

[DebtSufferer]

Hi Abs

Just wondering if you have had any movement from 1st credit. We have not heard anything yet.

DS.

[DebtSufferer]

Good Morning Abs,

 

Have you heard anything else from BOS/1st Credit, we have not heard a peep since receiving letter advising us they will be contacting BOS in response to the letter we sent disputing this account.

 

Been re-reading your thread and thought , maybe we should do what you have done and write to experian regarding this account as at present it does show that it is registered as a credit card but would be interesting to find out what it was originally registered as.

 

Is there any chance you could let us have a copy of the letter you sent to Experian requesting this info I get a bit tongue tied writting letters and don't want to trip myself up and ruin all this hard work you are helpiong us with to try and get this sorted for my Brother(who unfortunately is in hospital at present)

 

DS.x

[Abby25]

Good morning ...

Last letter from them (after their "if you dont play nicely we will apply for bankruptcy ! ), states that they have requested a copy of my agreement from BOS.

 

With regards to CRAs and the account, Experian told me that an account description can not be amended, the orig account would need to be closed and reopened under the new description.

 

I wrote to experian about this, as BOS had claimed (when I challenged them that the account was registered as a credit card), that it was a bank od and always had been - and that Experian had registered incorrectly as they didn't have an appropriate class to put an OD in that requires a monthly repayment !! I therefore advised experian what BOS had claimed, whereby experian took the right hump and wrote to them - and guess what BOS admitted to them is was a credit card - and there I had them right in the palm of my hand !! (in conjuction with the t&c I recd headed acct regualted under CCA74.

 

You need to think clever, and outside the box with them - I put them in a position whereby the buried themselves. So wait until they come back & say its a bank od - then ask why its registered with CRAs as a credit card, they will squirm and probably blame the CRA. So then you advise the CRA what BOS have accused them of - and let them give BOS a right royal kick up the bottom for lying. The CRA will come back and say it is a credit card - success !!

 

When the time comes for you to contact experian (I emailed them), then I'll draft something particular to what BOS have stated. Don't forget anything you send will need to be in your brothers name or with his authority, due to the Data Protection Act regs.

 

Abs x

[DebtSufferer]

Good morning ...

Last letter from them (after their "if you dont play nicely we will apply for bankruptcy ! ), states that they have requested a copy of my agreement from BOS.

 

With regards to CRAs and the account, Experian told me that an account description can not be amended, the orig account would need to be closed and reopened under the new description.

 

I wrote to experian about this, as BOS had claimed (when I challenged them that the account was registered as a credit card), that it was a bank od and always had been - and that Experian had registered incorrectly as they didn't have an appropriate class to put an OD in that requires a monthly repayment !! I therefore advised experian what BOS had claimed, whereby experian took the right hump and wrote to them - and guess what BOS admitted to them is was a credit card - and there I had them right in the palm of my hand !! (in conjuction with the t&c I recd headed acct regualted under CCA74.

 

You need to think clever, and outside the box with them - I put them in a position whereby the buried themselves. So wait until they come back & say its a bank od - then ask why its registered with CRAs as a credit card, they will squirm and probably blame the CRA. So then you advise the CRA what BOS have accused them of - and let them give BOS a right royal kick up the bottom for lying. The CRA will come back and say it is a credit card - success !!

 

When the time comes for you to contact experian (I emailed them), then I'll draft something particular to what BOS have stated. Don't forget anything you send will need to be in your brothers name or with his authority, due to the Data Protection Act regs.

 

Abs x

 

 

Hi Abs

 

Sorry for the delay in replying I have had trouble logging into CAG not sure if it was my end or theirs, anyway thanks you for all the advice, it makes great sense.

 

Seems as though you are one step ahead of them, thank god.

 

Anyway will wait till they contact my Brother and let you know exactly what they say, thought we would have heard from them by know,my Brother and Wife were getting into a bit of a panic as they have a new postman and he has been firing other peoples mail through their door so thought he may have fired 1st Credits reply through somebody elses door. However as I said to them nobody on hear seems to have heard anything so they possibly haven't replied anybody as yet. Hopefully we all gave them something to think about.

 

Will let you know as soon as they have heard anything and many thanks once again for all your help, it is greatly appreciated.

 

DS.x

[DebtSufferer]

Hi Abs

 

Any contact from 1st Credit of BOS, the past week BOS have been trying to phone my Brother not sure if this has anything to do with 1st Credit, they haven't spoke to them.

 

DS

[Abby25]

Hello there ... no nothing from them. Sit tight, they are going no where with it, let them tie themselves up and then we'll pounce.

[Mark Wilson]

Today I have had a letter regarding my ongoing dispute. I have a copy of what I signed and on it the agreement makes no reference to the cca and is completely unenforceable as it stands.

 

Having spent 3 yrs holding them off today they have responded:

 

They have no evidence that an agreement exists but as I used the "credit card" I am deemed to have accepted the ts and cs that accompany it!!!!!!!!!! Oh really...

 

They say the account can only be in dispute if the transactions were not made by me, ir fraudulent

 

They have provided wescots number and told me to get on and be paying!

 

To think the taxpayer bailed this lot out!!!!

 

Thoughts anyone.

[reallymadwoman]

Send them or whoever is attempting to collect a 'put up or shut up' letter, take me to court or go away. And thank them for confirming it was a credit card although the agreement you have is clearly for a bank account.

[hatesdebt]

I'll be on this boat soon - we'll keep in touch...

[Abby25]

Well you thank them for both confirming that the account is a credit card, and that the agreement does not comply with the CCA74, in both the cited agreement failing to disclose its regulation under the act, nor disclosure of your rights under the same. Your use of the account does not denote its legal enforceablity - 2 completely seperate things !!

[reallymadwoman]

Read this thread for all you need to know about Preference Accounts http://www.consumeractiongroup.co.uk/forum/showthread.php?231206-FDPM-WELL-V-BOS-(Preference-Account)-***WON***

[Abby25]

Update time ...Connaught are on the case, threats of BO etc, sent them the in dispute letter, with a copy final letter sent to BOS stating why the account was in dispute.

 

Today recd from Connaught yet another copy of the pref acc agreement, old T&Cs - all making no ref to regulation under the CCA74, they have also enclosed the revised March 2010 T&Cs stating regulation under the CCA74 (issued by BOS some 12 yrs after the opening of the account).

 

The have stated please find enclosed a copy of the agreement you have requested, there is no reason for you not to pay this account, so please contact us with your payment of the os amount.

 

Dear oh dear ... another copy of the SAME letter they have already had going out to them ...............

 

Abs..

[reallymadwoman]

I would add to the end of any letter that you are not prepared to enter into further correspondence so you can then justify ignoring everything else they might send - it's cheaper and less annoying than continuously replying with the same information over and over again.

[Abby25]

Great idea RMW ... xx

[Fred Bassett]

Interesting. This one has disappeared from my credit file. I wonder if this is a final throw of the dice. We'll see.

[42man]

If they are saying that the agreement is correct and they do take you to court then you simply check the interest rates against the statements for the duration, I have a feeling the interest on the statements will probably be readically different to the rates on the agreement they sent (see Kotecha vs Phoenix)

[Abby25]

Just a quick update on this one, nothing further heard from 1st credit and co, since their purchase of the "alleged" account, from the Arthur Daley of the finance world ... Bank Of Soctland. Abs xx

[jon888999]

Hi, my preference account was stat barred in July. Got the first statement in*6 years*on Saturday email Ce ofBOS*with Stat barred letter, got home today to find letter with £150 offer for the inconvienience and accepting stat barred.

Balance was over 15k!