Blair, Oliver and Scott

[Yyates]

I have received a letter of intended court action today for BO&S, this is the first letter I have received.

 

I requested a copy of my credit agreement last November which I am still waiting for.

 

I have just spoke to BO&S on the phone and the person I spoke to said I legally have to make payments to the debt whilst waiting for the agreement?

 

Is this correct? My understanding is that whilst Halifax are in default of the CCA I do not have to make payments.

 

She has requested the agreement for me, but it didn't show up in the SAR that I sent and it dates back to either1998 or 1999.

 

So, I should imagine it is doubtful they will actually have it?

 

Any advice welcome

[cerberusalert]

BOS would say that, they are the in-house collection monkeys for Halifax.

 

Have you sent Halifax the 'in dispute' letter? If not 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 and just to irritate BOS send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[Yyates]

BOS would say that, they are the in-house collection monkeys for Halifax.

 

Have you sent Halifax the 'in dispute' letter? If not 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 and just to irritate BOS send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

Thanks for this.

 

I am correct is thinking I do not have to pay to a debt that is in dispute? Or is she correct when she say I legally have to still keep paying until it cannot be enforced?

 

Also will I be able to get the default removed which they have filed, without notifying me of course by letter, she told me on the phone?

[cerberusalert]

Once the alleged debt is in dispute you can legally withold payment & they should stop all collection activities until it's resolved & that includes processing your data.

 

Have they marked your credit file or was it just one of their threats?

[Yyates]

I'm not sure, she said that after no payments for 6 months they default the account and send it to them. She also said 2 other letters have been sent out, one in June and one earlier in July, I didn't receive them.

[cerberusalert]

They probably haven't sent the letters in the first place. one going adrift maybe but not two unless they've been sent to an old address.

[Yyates]

No old adress, i've lived here since 1981 :o

[42man]

How about sending this by recorded...

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised directly with Halifax yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[Yyates]

How about sending this by recorded...

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised directly with Halifax yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

 

So many brilliant letters on this site, I do like the tone of this one . Thanks for everyone's help. I will get the letter sent off today now and I will up date when i hear back from them, or if I do.

 

Many thanks to both of you, you stopped the worry taking hold :grin:

[Yyates]

Quick update

 

I have received a letter from Halifax stating they filed a default on 8 June 09. They also included 2 separate terms and conditions, one old, one new revised, many pages long in each, but absolutely nothing with a signature.

 

I have not received anything with a signature on it and also they did not send me a notice of intent for filing the default.

 

So, can anyone tell me where I go from here now please?

 

I was under the impression that they cannot file a default without a signed copy of an agreement or sending out a pre default notice?

[42man]

Have you considered this ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html with this effect - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[Yyates]

So am I ok then to send this other letter?

 

If so do I also have to include the £1 postal order fee?

 

Thanks for the reply

 

EDIT just re read the leter and it states "I have requested a copy of the original signed application form from the relevant department. You will receive this shortly under seperate cover"

 

Does this mean it will be the one I signed?

I sent them a SAR last November at the same times as this and they didn't produce it with the documents, so I would imagine they haven't got it?

Edited August 18, 2009 by Yyates

[42man]

It sounds like they haven't Yyates.....try the CPR31.16 see if they respond....basically you have done everything reasonable to get it, CCA, SAR and this would be your last resort (CPR31.16)

[Yyates]

Ok i will get this sent off to them, thanks.

 

Do I need to include payment for this the same as a CCA request or a SAR?

[cerberusalert]

No it's free.

[Yyates]

Another update

 

BOS have sold the debt onto Robinson Way and company limited.

 

So, do I need to send them a request for a copy of the signed credit agreement or is it a different letter?

 

I have feeling this debt is going to do the rounds now, one of those things that now one wants because they can't do anything with it.

 

Thanks in advance

[42man]

Wow RW have bought a doughnut....send them this (recorded)

 

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, 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

[42man]

Might be worth dropping a line to the OFT too...

[Yyates]

Might be worth dropping a line to the OFT too...

 

Thanks for this, I didn't think of that

 

I can see this turning into one of those incredibly long threads

 

Thank you for the letter too

[42man]

It would also seem to break the banking code too - QUOTE " such I will draw your attention to s13.6, reference information you may NOT pass on,IF an account is in dispute" or possibly LETTER 17 from here - The Consumer Forums - Debt collectors

[Yyates]

Is there anyway I can get the default removed as this was filed after the request for the credit agreement?

 

Or should it just be left?

[Yyates]

Brilliant thanks

[42man]

Have a read of the links here, they may not be exactly the same situation, but you'll find some useful info... - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382