Urgent Blair Oliver Scott Enquiry

[friendinneed]

i've an account with Blair Oliver Scott from Bank of Scotland. Been making regular monthly payments since 2002. I spoke with them today to get my balance and was horrified to learn that its still over £6k (original balance was £11k) and my monthly payments over the 6.5 years have been an average of £70. They offered me a settlement of £4200 over three months as an alternative.

 

I asked for statements of account etc and they say they dont provide them. I dont want to tarnish my credit file again as its taken me some time to get it in order from a mishap 6 years ago so what can I do. I am now paying £100 per month and from what I can see they are happy to let this continue on. I dont have the original paperwork or anything.

 

Help!!!!

[cerberusalert]

It's time to send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

If it's enforceable (which is highly unlikely) we can set about reclaiming all the unfair charges they have been ading over the years.

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[bigandyuk1]

I would send them a SAR to get all information they hold about you including all payments made etc.

[friendinneed]

Thanks guys I will do it today

[PGH7447]

they do have to send a statement of accounts this is one of the new requirements I believe

[friendinneed]

Now thats interesting to know. Who made this new requirement so as I can send it to them with the correct wording etc:)

[mr.ton]

Mention the OFT to them

[itsamomentintime]

friendinneed please keep us informed of your situation

[friendinneed]

Sent my letter

 

I will let you know when or if I get a response. If I dont get a response should I stop my monthly payments and if I do can they default me again

[friendinneed]

I sent my letter yesterday and this morning the phonecalls sterted. Any suggestions PLEASE

[cerberusalert]

If you sent the letter in post #2 it included the telephone harassment warning so the letter you received today has probably crossed in the post. If they ring again just say you've sent them a letter & that you will only deal with the matter in writing.

[Andy01]

Hi Friend you are on a wonderful site. Caggers are very helpful. I have 2 accounts with Halifax and one Bnk of Scotland and its been handled by Blairs. Cerber and others helped me and so far I had them (Blairs) kept quite and waiting for Blairs to reply. It is a slow process but at the end its worth it. You will be bombard with threatening letters but stay calm and contiue reply as it comes. Good Luck:cool:

[twofoot]

Your credit file will have been trashed with the original default so it should be well off your file by now. They are not allowed to re enter it so they cannot trash it again otherwise they are in trouble. The chances of them producing a valid CCA is slim. IMHO I'd not be parting with any more brass.

[friendinneed]

Thanks guys. My credit file is now actually quite good since the default dissapeared I was just woried it may reappear and then i'm stuck with it for another 6 years.#

[friendinneed]

Oh dear. Numerous phonecalls and now texts as well.

 

Is there another letter I can send to stop them

[cerberusalert]

Dear Morons,

 

With regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing, I have verbally requested that these stop, but I am still receiving calls. I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Yours,

Print name do not sign

[Bazooka Boo]

Oh dear. Numerous phonecalls and now texts as well.

 

Is there another letter I can send to stop them

 

And report them to Ofcom for breaching Ofcom regs,

Home page | Ofcom

 

Make a formal complaint to the OFT, ICO, BOS...

 

Arrogant clowns:-x

[friendinneed]

Cant get this scanned at present but will keep trying. Had a response to my letter from Bank of Scotland and it reads as follows.

" You have asked for a copy of your credit agreement. At present we are unable to locate the original agreement. However our process has always been to obtain a signed credit agreement before granting any credit fcility. As such, we believe that the agreement was validly executed and the agreement remains enforceable.

 

For clarification default under section 77 does not mean that you are relieved of your liability under the agreement to pay interest or any default sum, nor does section 77 prevent a default notice being issued. As a matter of law the absence of the copy agreement dies not stop there being a valid agreement. You have signed the agreement, and in relaince the bank has advanced the loan to you. Under section 127(1) of the Consumer Credit Act 1974 the court will allow the bank to enforce the agreement.

 

In such circumstances the bank may continue to collect the debt, but if the debotr defaults on the agreement, it may issue a default notice, report that default to a credit reference agency, commence legal proceedings to obtain a money judement, apply for an enforcement order, and seek enforcement of judgement. TO avoid these consequences you should maintain your repayments.

 

Yours faithfully

 

Merle Griffiths

Customer Care Manager"

[Seminole]

No credit agreement= no legally enforceable agreement. Simple.

[cerberusalert]

If they have already defaulted you on this a/c, marked your credit record & it's now dropped off they cannot legally register a second default.

 

As for them not supplying your CCA send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

You can now legally withold repayments and they cannot take any enforcement action against you.

[cerberusalert]

Keep that letter safe. If they continue to pursue you should complain to Trading Standards & the OFT because they are using deceptive practices when they state ;

As a matter of law the absence of the copy agreement dies not stop there being a valid agreement. You have signed the agreement, and in relaince the bank has advanced the loan to you. Under section 127(1) of the Consumer Credit Act 1974 the court will allow the bank to enforce the agreement.

[friendinneed]

Thanks a million. Doing it now

[sleepingdog]

Hi friendinneed , I always laugh when Blair Olliver Scott state that you would not have been lent the money without a valid agreement being signed as they certainly gave me a large monetry gift without any agreement being signed which is why they after issueing court papers have found themselves in a right pickle ( no agreement = no court enforcement) lol

sleepingdog

[friendinneed]

Did they have to back down in the end?

[sleepingdog]

hi friendinneed , not yet , just haven't proceeded any further after initial court papers issued, shall soon be going for strike out.

sleepingdog