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AA (BOS) Credit Card and CCA


Shanidev
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I wrote to AA (Bank of Scotland CC) requesting CCA. so, far I have received nothing. However, within a week of sending my request I received a Telemessage from Wescot Credit Services and the very next day I received the Debt notification (very colourful) from them. Got me worried heavily until I read it. Both of them originated on the same day.

 

How should I respond to these. Have BOS passed my debt to Wescot or sold it to them! I know I should not phone. What I need to know is should I ignore and wait for AA/BOS's response or should I write to Wescot and if so what should I say.

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Edit this and send recorded to Wescot

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines in line with CPUTR2008, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the CPUTR08 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Very pretty and totally useless

 

send them this amended to suit

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

Snap 42man:-)

  • Haha 1

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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I love the debt notification, I never got anything as pretty as that

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 3 weeks later...

Well, rather late but I have received response from AA and Final notice from Wescot. Can some kind soul please look at AA's response to CCA (one for last address and one for current address) and Wecot's final notice. They are talking about court in Hull and I am concerned how I can possibly afford to even get there when I have no money even for my essentials.

 

Thanks for you help.

Edited by Shanidev
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Westcraps usual threat-o-matic letter, read it carefully it say MAY not Will

 

and the 2 alledged agreements, I dont see your signature anywhere, or even a space to sign it, so IMHO they are not worth the paper they are printed on

 

send westcrap the account in dispute letter and let em stew

Edited by PGH7447

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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First of all thanks for all the help. I have a little concern sending Account in dispute letter.

 

a) because AA have responded to my CCA request albeit feebly and

b) this letter seems to make threat that I may not be able to carry through.

 

And what do I say to AA? Should I fire off some letter to them!!

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Your choice but in my opinion they agreement is not enforceable, so either send the account in dispute letter or enter into a payment plan, sorry but I cant make that decision for you

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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As I See The Cca It Could Belong To Any One

 

It Is Rubbish.

 

Send You Have Failed Also Deal With The Aa Do Not Deal With These Clowns.

 

Regards Lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hi Shanidev,

I agree with Lily and PGH. I am familiar with the type of response you got to your CCA request- it's just a generic printout, the absolute minimum they are allowed to send under the act. Basically it usually means they no longer have a signed copy of the agreement.

You've still got plenty of options left.

Did they also send a statement of account? Until they do the CCA is still unfulfilled.

Did you ever receive a Default Notice? If so could you post it up on here.

Are there likely to have been unfair charges on the account? If so they can be claimed back.(Usually the backup step if they have an enforceable CCA)

If they ever did take you to Court, if you disputed the claim it would be transferred to your nearest Court, so you wouldn't have to go to Hull anyway.

Best case scenario is to force them to admit no CCA and back down before court.

If it was me I'd send off a Subject Access Request, see what that brings up. Downside is it costs £10 :mad:.

 

Alternatively (or as well as the SAR) if you're concerned about the standard letter format. you could try a more direct, guileless approach on the lines of:

I am most distressed that you continue to flout OFT debt collection guideless whilst failing to demonstrate that you have any right to pursue me for this debt. The alleged agreement you have sent in response to my CCA request is clearly a generic computer printout. Having taken legal advice I am aware, but disappointed, that you have chosen to send the minimum you are required to send in response to my request.

I note that you repeatedly threaten legal action. Any such claim will be vigorously defended. As I am sure you are aware, in order to enforce any agreement you would be required to produce the original signed copy of the agreement in Court.

I therefore respectfully suggest that in order to resolve this matter as speedily and openly as possible, without wasting valuable Court time, you either supply me with a copy of the original signed agreement or a signed statement to the effect that you do not have one.

I regret I am not prepared to make any further payments to this account until or unless you demonstrate my liability to do so as requested above. Until this time the account remains in dispute.

 

Amend to suit,

Hope this helps, or gives you more options to consider,

Keep your chin up

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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What the hell. I will bite the bullet and send the standard template letter. Have I got the right letter, though ?? if someone can check. Don't know why but my heartbeat goes up with paranoia each time I have to do anything with these people. I am out of regular job and stopped signing because with my occasional temp work I was ending up paying out of my pocket being on the dole due to their silly rules.

 

""""Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

 

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

 

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

 

After this period you should close the file and cease processing an personal data relating to me on this matter. """"

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  • 3 weeks later...
  • 2 months later...

Hi PGH7447,

 

I wrote back saying the Account is in dispute and after long wait they have written back saying they have sent all that they have to and even if the account is in dispute they can carry on with collections and reporting to Credit ref agencies.

 

Also, Wescot is chasing me and have sent me the solicitor's letter asking me to call Wescot to pay or they will advise their client to take legal action.

 

What next!!

AA_FR.pdf

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Now you request their complaints procedure (AA)

 

and you send westcr*p this letter

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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