Help needed with BoS credit card agreement

[mooiismum]

Just read the replies from S and BB and we wish to convey our thanks. This is alot for us to take in so will need time to digest as we have been at the hospital and need to be away for a couple of days. Will be back -hopefully - by Friday and give answers then. We are grateful for this help bearing in mind you all have your own problems to deal with.

MM

[Bazooka Boo]

No worries, were not the ones harassing you, take all the time you need, believe me they can wait, and they will do!!

 

If your not up to it on Friday then leave it until you are able, but in your own time come back to us and we can assist and help you out! Good luck;)

Edited August 13, 2009 by Bazooka Boo
Drunken typo!!

[mooiismum]

Thank you Boo, having someone to turn to is a great comfort, I understand your illness too, I have similar. A stress free life would be absolute bliss! I will post again on Friday night once we'ved looked at

things in depth and had a magnifying glass on the agreements! Upto yet no one has turned up at our property, but then again I try not to stay in!

Good night and sleep well.

MM

[freethemice]

You need to concentrate more on getting your other half fit and healthy than all this debt worry.

If you have no luck getting through to the cab would recommend the cccs who offer a first class service and are free as well. I really wouldn't recommend going down the road of proving your cca agreement is invalid given your other commitments. Just tell the cccs everything and they will look after you. They also serve as a barrier between you and any debt collecting agencies. i.e a debt collector calls you just say 'I can't discuss this issue would you like my client number so you can talk to cccs who are dealing with this.'

Hope all goes well.

[the_shadow]

Just read the replies from S and BB and we wish to convey our thanks. This is alot for us to take in so will need time to digest as we have been at the hospital and need to be away for a couple of days. Will be back -hopefully - by Friday and give answers then. We are grateful for this help bearing in mind you all have your own problems to deal with.

MM

 

Not a problem MM, concentrate on the important matter at hand not these leeches, as already advised they can wait

 

Good luck with everything.

 

S.

[mooiismum]

Since we last posted OH has received these letters from B/card and Calders:- Pictures by walkingman_2009 - Photobucket

could you please take a look and convey your thoughts.

Thanking you all in anticipation any help is most gratefully received.

MM's OH

[Bazooka Boo]

Just taken a quick look, the first page from Sharklaycard reads OK, but I cannot read the other two pages of it as it is very blurred?

 

The letter from Calders:mad:

 

Yes....let me choose my words carefully here.

All the time they are applying interest to this alleged debt, you won't pay it off, no matter how small a % they might think it is.

 

My other point is that sharklaycard's in house DCA is Mercers, and another trading name of Mercers, is Calders!

 

So I would assume that you debt is still with sharklaycard, which is why they believe they can still add on interest.

 

I personally would tell them in no uncertain terms that if they are still going to apply interest, you will withhold all payments and report them to the FOS OFT, and trading standards.

[mooiismum]

Hi Boo hope you're having a good weekend & thanks for taking time to answer can't think why the attachments have turned out blurred, they're ok on the computer, anyhow I'll upload them again.

 

Basically Sharkleycard are saying that they have no obligation to provide a true copy of the original agreement signed by all parties and as far as they are concerned they have provided the necessary documents,which are copies of the basic agreement with no signatures or other details.

MM's OH

[mooiismum]

OH has received a letter of intended litigation from Moorcroft DC's and has only been given 5 days (icluding today) to come up with offer of a payment. We asked for full signed copies of the agreemen nd wee supplied with these docs Preference account 1 - Album - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting the two copies he's received, are by large, illegible, as can be seen, do you think that unless a good standard legible coy is available from BOS that Moorcroft's have difficulty in proving that an enforceable agreement exists??? Is OD correct???

Is there any letter/script that OH can use, as I've already said they've only given him 5 days to come up with a payment offer.

MM (I'm worried sick).

 

OH is now waiting for the results of his biopsy which will take 3 weeks.

[Bazooka Boo]

It certainly isn't the best of copies, granted it can be read in places, but it is supposed to be perfectly legible otherwise it is deemed unenforceable, my advice would be to send them the following, edit to suit, and print your name don't sign it, again everything via recorded delivery.

 

Further to your recent letter, I must again advise you of the following. Further to my request for a copy of the signed CCA you supplied me with a document that was not legible and therefore does not comply with the following regulations:-

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

2 Legibility of notices and copy documents and wording of prescribed Forms

 

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

 

I am also of the opinion that the copy of the agreement, whilst illegible, also does not comply with the conditions set out by the Consumer Credit Act 1974 s.61.(1) which states that an agreement must contain certain prescribed terms, the Consumer Credit Act ( Agreements) Regulations 1983 s.6 sets out how these terms should be contained with in one single document and if not, is not enforceable by the court Consumer credit Act 1974 s.127(3) , recent case law Wilson V Hurstanger Neutral Citation Number: [2007] EWCA Civ 299.

Until I receive a clear, legible copy of the alleged CCA, this account remains in dispute and no further action can be taken.

 

Ignore their empty threat of 5 days to 'cough up or else'!

 

It is designed to have the exact effect it is having on you, too worry you silly, bully and intimidate you.

 

And if they ever did have enough money in the kitty to take you to court, then a judge would be very sympathetic toward you, this is not a priority by any means.

 

Once you send them that letter, they will send one back saying that they believe the letter reply they sent to you does comply and they will not stop collection activity and will probably sell it on, so you should have this one ready:D

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

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 ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and 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 ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***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.

 

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

 

I would appreciate your due diligence in this matter.

 

As I say, this is not a priority at all, by any stretch of the imagination!

It is simply greedy people getting well above their station thinking they somehow have the power to run around sending threatening letters to anyone that might owe a little of our banks frivolous money, and bully them into submission to pay money back they either don't have or simply can't.

 

I have to go out else I would edit a letter to suit your needs a little better, but I was thinking of editing the 'hardship' leter in light of your OH medical circumstances, in the hope that the vultures would go find an easier prey for a while and give you some breathing space, if when I get back no-one else has come up with something I'll try and do it for you, or at the very least I can give you the bones of it and you can have your input..

 

Until then, try not to worry about them,

 

 

Boo;)

[mooiismum]

Thank you Boo, I'll show this to OH later so he can do the letter, which I must thank you for. Your help is invaluable and as soon as I am able will

give funds to this marvellous site. (The loose change jar is filling up nicely)

rgds

MM

[mooiismum]

Hi all, I've just noticed that one of the documents http://i31.tinypic.com/10r3y6z4.jpg relates to a hp agreement that was paid off long ago. it is the cc that my OH is struggling with now. They issued the cc alongside the hp agreement.Would this alter things. Anyhow the letter Boo advised us to send is in the post sent by RD, so should be with them shortly and a copy of same sent to the DCA's.

kind regards

MM

Hope you all have a good weekend.

Edited August 22, 2009 by mooiismum
forgot to add signature.

[mooiismum]

PLEASE HELP The Bank of Scotland has sent a letter to OH stating that his account has been passed to the Litigation Department to commence court action The've ignored & haven't replied to the letters asking for legible copies of the account which were sent RD what should he do now please. In the letter they've advised him to pay the balance in full within 14 days or call to discuss the account. All advice will be most welcome I'm frantic with worry.

 

MM

[Bazooka Boo]

OK, there is no need to panic, all that has happened is that they have failed to update the computer to say that the account is in dispute.

 

They are all computer generated, and they need some human input to tell it to stop sending the threatogrammes out.

 

As you have sent the CCA request, and then the account in dispute letter, both via RD, and kept a copy of the letters sent, then there is no question they would ever take you to court.

The judge will simply 'p' himself laughing, the fact that they have asked for the outstaning balance to be paid in full within 14 days is not only laughable but is also in breach of the OFT debt collection guidelines.

 

The letter is the 'standard' template 'all' DCA's use in order to try and get alleged debtors to cough up, they think that if they can bamboozle people who are unaware of their rights with big words then they will get their money! So don't!!!!!!!!!!

 

I'll have a look for the 'bemused' template to send the clowns, and the only other thing you want from them is their full complaints procedure, but as they are already in breach of the OFT debt collection Guidelines, which you can read at your leisure clicking on the link, then you should make a formal complaint to the OFT immediately:The Office of Fair Trading: Contact us

 

Also complain to Consumer Direct who will pass it straight onto Trading Standards.

[Bazooka Boo]

P.S Don't ring them, they will only bully and intimidate you, unless you are recording your calls? Your only response to their laughable letter, should be a reply telling them that you want a copy of their complaints procedure by return of post and in any case within 5 working days.

 

 

 

ACCOUNT IN DISPUTE

 

BOS

Acct Number

 

I am extremely irritated by your persistance to pursue this disputed account.

On **enter date** I wrote to **whoever** informing them that they were in breach of consumer credit (cancellation notices and copies of documents) regulations 1983 (SI 1983/1557)

 

I am also of the opinion that the copy of the agreement I received, whilst illegible, does not comply with the conditions set out by the Consumer Credit Act 1974 s.127(3), recent case law Wilson V Hurstanger Neutral Citation Number [2007] EWCA Civ 299.

 

As you are now in clear multiple breach of CPUTR2008 in line with the OFT's guidance on debt collection, aswell as the OFT's own guidance on debt collection activity.

 

I now require you official complaints procedure, I will allow 14 days from receipt of this letter.

A formal complaint has been made with the OFT in regard to your suitability to hold a licence. I am seeking advice as to what legal action I can take against **whoever**.

 

Your continued pursuit either in writing or by personal contact in relation to this account will be in violation of the Harassment laws as well as CPUTR2008.

 

Your due dilligence in this serious matter is expected and appreciated, I trust that I have made myself extremely clear, and I look forward to receiving a copy of your complaints procedure by return of post.

 

Print your Name

 

 

 

 

Please edit this to suit, if you feel it is too strong then by all means water it down, if anyone else can pick holes in it, please do, we all need to learn, so anyones advice will be constructive criticism and is appreciated, unless your a troll!

 

 

Boo;)

Edited August 28, 2009 by Bazooka Boo

[mooiismum]

Thanks Boo I reallly go to pieces when something like this arrives, this is part of my illness, and things like this makes it worse. OH has lost the plot,so I'm dealing with things the best I can at present :?. I've kept everything we've sent out in seperate files for ease of finding. I'll get straight on with sending the letters they'll be in 2morrows post for sure & I'll have a good read of the links, just hope my brain "reads" them in English not gobbldygook. (I think you may understand that).

 

Kind regards

MM

[Bazooka Boo]

Thats fine, take your time. They will write all sorts of garbage to intimidate people into paying either what they don't owe, or what they can't afford.

Their use of the English language contains a lot of big words, like litigation, to simply put the frighteners on people reading it and make them think they have no other option but to pay it!

 

When 9 times out of 10 not only do they not know the meaning of litigation, but a court is the very last place they ever want to go because they know they will not be allowed to get the amount they are asking you for now, if a judge tells them all you can afford to pay them is £1 a month then that is all they will get, full stop.

 

Your doing all the right things, you have told them that the account is in dispute and the reason why, if they then choose to continue with collection activity, then that is their look out.

You've kept copies of what you have sent them, and the receipts for the recorded delivery, have you been printing off the confirmation and the signature for the letters of the RM website?

 

As long as your documentation sent from you to them, and them to your is filed and kept, then you have a paper trail of evidence if it is ever needed.

 

Keep a copy of the Door Step Collection letter, printed off and kept by your front door, so if anyone does turn up re. the alleged debt you can hand it to them and close the door, or push it through the letter box to them.

 

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

[mooiismum]

Bank of Scotland sent this - http://Preference Account 2 - Album - TinyPic - Free Image Hosting, Photo sharing & Video Hosting which we believe is enforceable. Opinions grateful please. OH has received from B of S a notice of legal action which requests full payment within 14 days which Boo said was against OFT guidlines. Can anyone elaborate please, can't find the relevant section.

 

MM'sOH

[Bazooka Boo]

That link doesn't work..

 

The Office of Fair Trading: Debt collection practices

 

2.6 Examples of unfair practices are as follows:

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

 

If I had a bit more time I would look through the CPUTR2008 to find the relevant section also, I think of the top of my hideous head it might be sect5???

The Office of Fair Trading: Consumer Protection from Unfair Trading Regulations 2008

[mooiismum]

I printed all 15 pages of the OFT guidelines, got OH to read it all and found the relevant info. Makes very interesting reading these banks make so many blunders by trying to bully and harrass people. Everyone should fight back so they get their come-uppance.

Thank you Boo.

MM

[mooiismum]

http://tinypic.com/a/z7zq/a OH thinks this is enforceable? As said before printed off all 15 pages of OFT guidlines (for future reference) found the releveant section and they are in breach of OFT guidlines by asking for a lump sum payment within 14 days.

MM

[Bazooka Boo]

Sorry MM, still can't get the link to work:confused: just comes back with a 404 error??

[mooiismum]

Yes I've just tried and the same thing, strange that cos I've not deleted it!Give me a few mins & I'll post it up again and get back to you, if I may.

rgds

MM

[Bazooka Boo]

No worries.

[mooiismum]

http://www.tinypic.com/m/54ygle/4 if this enforceable in your opinion? many thanks

MM

Edited August 31, 2009 by mooiismum
link didn't work.