FOS - what should I do?

[stereophonicsfan]

The FOS is looking at my case for invalid DN and rescinsion of contract. I also believe my original contract is invalid.

 

Since reading more and more on this site, I've read:

 

1. The FOS won't get involved in these cases.

 

2. That if the bank can't produce the original agreement, I should NEVER reveal that I still have my copy of it, unsigned.

 

Does that mean that I can't even tell the FOS that I have it or just the bank.

 

Is it true that the FOS won't deal with these cases?

[Pinky69]

The FOS won't make any decisions that involve law. They will say that on the balance of probabilities you owe the debt and should pay it. I've got 3 recission cases on the go and I am taking them all to court as previous contact with the FOS revealed them to be a waste of space.

[stereophonicsfan]

Would the fact that I have indisputable evidence make the bank think it would be better to make a deal rather than go to court? How are you getting on with your 3 cases?

[Pinky69]

The bank might just ignore it and carry on trying to collect regardless. Sometimes you have to take them right to the court door before they give in. I have completed the court forms and will be lodging them in court this week. I am not being pursued for payment - there are no enforceable agreements - I am pursuing them to remove defaults from my CRA reports.

[stereophonicsfan]

Pinky I was hoping the FOS route would prevent me from having to take them to court. Although my evidence is strong, I'm worried about wording everything correctly and answering questions from the judge. How do you feel about it and have you any advice?

[Pinky69]

I'm not worried at all about going to court. All the proof of law you need is either in the CCA 1974, the Consumer Agreements(Enforcement, Default and Termination Notices) Regulations 1983 and the Data Protection Act 1998. It took quite a bit of work to go through each notice and match it up to the correct breaches of law but I finally got there. I've now completed the court forms and am ready to go. You also have to prove to the court that you have done everything possible to get the creditors to amend their breaches of law before you take it to court and I did that over a period of 4 months with a lot of correspondence.

[stereophonicsfan]

Thanks Pinky. I just feel a bit overwhelmed with it all at the moment. Have CCa'd and SAR'd but only last week, no replies yet. Don't really know where to start at the moment, was thinking of buying the small claims court book on the website. What did you do to get the creditors to amend their breaches of law before you started court proceedings and how did they react? Sorry, not trying to get you to do all the hard work for me but not sure what I need to do before going down the court route. You replies are much appreciated, thanks.

[Pinky69]

I wrote to them telling them that they had no permission to process my data form the outset as there were never any agreements and nowhere on what they had sent me was my written permission to do so, so remove the entries - no replies. Then I told them, paragraph by paragraph, why their DNs were unlawful and in terminating them they had caused unlawful rescission. Remove the entries- no reply. Then I asked for agreements and copies of DN and termination notices in an SAR - none sent. Then I asked them one last time to send me copies of the documents I had requested and remove the defaults from my records. No reply - so off to court we go.

[stereophonicsfan]

I had been paying 51 pounds per month on the defaulted loan until Sept last year when they stopped my DD and didnt hear anything from them until I complained to the FOS that I had nowhere to make payments to. I fully intended to pay it off in full.

 

It wasnt until then that I found this site and realised that all their paperwork is unlawful. Have I jeopardised going to court by making payments to them for over a year?

[Pinky69]

No, you haven't. You had no idea at the time that you were paying an alleged debt which the creditor had no right to ask for as there was no agreement.

[stereophonicsfan]

Thanks Pinky. You've been a great help. I'd be interested to hear about how your court hearings go. Best of luck.