Help needed with BoS credit card agreement

[Bazooka Boo]

No Sorry, it just comes up with this??TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[Bazooka Boo]

Personally, I think as they are playing so dumb, and you've both got a lot on your plates, you may be better getting proper legal advice, or at the very least make that appointment with the CAB.

From experience as they never answer the phone due to being so busy, you would be best going there in person to arrange an appointment.

 

Then you can at least show them first hand all of the documents sent between you and them, or speak with a solicitor who specialises in consumer law, your first hour is normally free, and I suspect you will qualify for legal aid, so don't worry about the cost, if I can get legal aid when I was earning in excess of 30K a year, then by Christ I am pretty damn sure you will be able to.

 

If as has been said, the documents they have sent are unenforceable, a) due to illegibility b) no CCA, then the Solicitor will see that and get it stopped before they can even get started:D

 

As 42man says you need to reply within 14 days of the date on the claim form, you might be better seeking the help of a solicitor soonest.

 

Don't cave in and give up, this is what they are hoping you will do, dig your heels in stick two fingers up at them and just think 'how dare you when me and my OH have enough to worry about as it is'

 

If it goes your way, and their is nothing to say it won't, then you should tell your solicitor you want to seek damages, and explain the reasons.

 

I know it is easier said than done, but tomorrow is another day, forget about today...

 

 

 

Boo;)

 

http://www.communitylegaladvice.org.uk/en/legalaid/charges.jsp

 

http://www.communitylegaladvice.org.uk/en/about/callback.jsp Get them to call you back.

 

Find A legal Advisor:http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp

Edited September 14, 2009 by Bazooka Boo
Links added

[Bazooka Boo]

Glad to see your going to get some legal advice MM;)

 

I think it will be much better for you in the long run, as they can at least see first hand the info you have.

 

Did you try any of the links above for Legal Aid?

Call Back Service

 

The National Debtline 'might' be able to point you in the right direction also.

 

Hoping this link will work Solicitors in Stoke Yell.com

 

If it doesn't search yell.com, I really can't believe they didn't even tell you of anywhere you could go to for advice!

 

Let us know how you get on..

 

 

Boo:wink:

[Bazooka Boo]

OK, try not to worry about their attitude at the moment, the main concern is to get this paperwork seen, and then they can advise you more suitably.

 

Once this is over and done with then the CAB can have both barrels!!

 

Complaints procedure for clients of the Citizens Advice service

[Bazooka Boo]

We're not letting CAB's attitude bother us, more interested in getting this sorted, as you've said we can deal with CAB later although t's not very good pubilicity for them on the net is it though?

It's difficult for people to give true advice and putting docs on tinypic when you have to delete so much detail without giving the game away in case ":evil: trolls" are lurking on here but the help given is so very much appreciated , it lifts your spirits and helps to take the weight of the world off your shoulders.

MM

 

Yes agreed it is, especially when you have so much more important things going on in your lives right now, if I were closer I would gladly devote my time to help you both.

 

But, for future reference and that of any others reading this thread, what i have found speeds up posting sensitive documents on here, is to first photocopy the doc, then black out the info not to be seen, and then scan that doctored doc using photobucket or tinypic.

 

No doubt someone will tell me an even quicker way!

 

Once we get the right result from this MM, which I am confident will happen then come back and we can go to town on the CAB..

[Bazooka Boo]

A lot of us who post up letter templates or links, have them all bookmarked for ease of reference, I even have domino's bookmarked:D

[Bazooka Boo]

Glad to hear you have got some legal support MM:D

 

If I were the judge I'd have thrown this out and laughed at the BOS for being so damn immature!

 

It is incredible that even now this far down the line they are still un able to act like adults and a professional financial company employed to look after peoples money and information!

 

This will make fantastic reading in the local press:D (nudge, nudge, wink, wink)

 

I am very very confident that any Judge in the country will, laugh so much he will do a little squirt of wee in his pants!

You both have nothing to worry about:-D

 

 

Boo;-)

The best of Health to you both!

[Bazooka Boo]

I have no idea on how to word or write a defence, but I did ask the national debtline about an OC taking legal action against an alleged debtor, and the replied with the following:

If your creditor does not send you a copy of your agreement and statement of account, within 12 working days of receiving your request (and payment), then they are not allowed to take further action against you to enforce the agreement until they do so.

 

However, a creditor may still begin county court action as starting proceedings against you is not classed as enforcement. Enforcement would be things like bailiff action or applying for an attachment of earnings or charging orders.

 

If a creditor starts proceedings, you should receive the paperwork in the post, at which point you will be given an opportunity to defend the claim if you dispute it (we would strongly recommend taking legal advice before filling a defence). You will find information on the process of defending a claim on the attached fact sheet ‘replying to a county court claim form’

 

You may attempt to defend the claim on the grounds that a s.77/78 CCA request was not complied with, however if the creditor can provide the court with the agreement, the proceedings may go ahead. If the creditor cannot provide a copy of the agreement, the court does not normally dismiss the claim, but puts it on hold for the information to be provided.

 

If the creditor starts proceedings without supplying you with the requested agreement, but they are able to supply the court with the agreement, you may have grounds to request that they should pay for any additional court costs. You should argue that they have not complied with the ‘Practice Direction’.

 

The Practice Direction describes the conduct that the court will expect of all parties before court action begins. One of the main principles of the Practice Direction is that all parties should exchange sufficient information with each other to allow them to understand the other's position. This should allow both parties to make informed decisions about how to proceed.

Hopefully the attachement should work also? If not let us know and I will try it again.

Replying to a county court claim form.pdf

Edited September 28, 2009 by Bazooka Boo
Sober Typo!

[Bazooka Boo]

Try not to be too despondent about all this, it would wear the fittest of people down, least of all you and your OH.

 

The sense of relief once all this is over will, hopefully, be immense and worth it.

 

The only real other option open is to admit defeat from these bullies and pay whatever figure they pluck out of the Air:-x

 

I am, touch wood, fortunate that the DCA's and the bank have been very quiet for a couple of years, occasionally they will send the odd letter to my mothers address, which get shoved straight back in the post:D

And having learnt a fantastic amount of knowledge from this site, I know that it has surprisingly been bought by a DCA who is known for chasing unenforceable debts:p

 

I really find it incredible that CAB have let you down so badly, and that your unable to get any real proper legal advice:mad:

 

Consumer Direct - Debt counselling

 

Your Legal Rights

 

Don't know if you can get any help from the above two links?

 

This isn't important by any stretch of the imagination, your health is the most important thing to be concerned about. Not some corrupt bank that has almost brought the country to its knees:-x

[Bazooka Boo]

As well as the saying 'The fatter they are, the more they want to eat' it's not really a saying, I just made it up, but it sounded good, although;

 

"When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile"

 

©Boo;)