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    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think.
    • dx100uk
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By dx100uk · Posted

      that was a good saving on an £8k debt dx
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    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • whitelist
      Court Claim Timescales Question

      By whitelist · Posted

      Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

BOS Preference Account - is this agreement enforceable?

Abby25

By Abby25
in Debt Collection Agencies

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  • 3 weeks later...
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DebtSufferer

DebtSufferer

Posted
Posted

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

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Abby25

Abby25

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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

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DebtSufferer

DebtSufferer

Posted
Posted
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

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  • 4 weeks later...
  • 4 weeks later...
Mark Wilson

Mark Wilson

Posted
Posted

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.

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reallymadwoman

reallymadwoman

Posted
Posted

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.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Abby25

Abby25

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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 !!

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  • 4 months later...
Abby25

Abby25

Posted
  • Author
Posted

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..

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reallymadwoman

reallymadwoman

Posted
Posted

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.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Fred Bassett

Fred Bassett

Posted
Posted

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

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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42man

42man

Posted
Posted

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)

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jon888999

jon888999

Posted
Posted

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!

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