Bos Cca Received (advise Please)

[Gum]

Hi All,

 

I am new here and this forum has been very helpful and was highly recommended by a friend. I will need some advise please. I sent BOS a request for a CCA with £1.00 postal order. BOS sent me the credit agreement this morning (Scanned copy is attached herewith). Would greatly appreciate advise whether this agreement is enforceable. Many thanks..Gum

BOC CCA.pdf

Edited August 21, 2009 by Gum
Wrong file attached

[cerberusalert]

I'm afraid it contains the required prescribed terms so would be enforceable.

 

Have you defaulted with this a/c yet, if so have they sent a Default Notice and/or a Notice of Termination?

[Gum]

Thank you for your reply cerberusalert. I have defaulted and they have sent a default notice but not a notice of termination, but they have agreed to a monthly payment £5.00 for the moment. There is not guarantee that they would not sell the debt later.

 

From the very beginning of the application they have mis-spelt my 1st name even on the credit agreement and the statements....does this make it unenforceble?

Looking forward to your reply??

[cerberusalert]

Can you scan the DN, remove identifying details & post it up?

they have mis-spelt my 1st name even on the credit agreement and the statements....does this make it unenforceble?

I'm afraid not.

[Gum]

Hi Again, Many thanks for your advise, I am attaching copies of the Default Notice.

DFN 1.pdf

DFN 2.pdf

[cerberusalert]

The default notice is defective, they have to allow you 14 days from service for you to remedy the default in this case they haven't unless it was served on you by hand on the date of the letter, they have not taken into account postal delivery which is 2 working days if posted 1st class and four working days if second class. So once they close the a/c and send you a termination notice or demand the full outstanding amount on the a/c they will have unlawfully rescinded the agreement & will only be able to claim the arrears quoted in the notice, the remaining outstanding amount will have to be wiped out.

 

If you still have the envelope it came in keep it & keep quiet about the defective DN.

[cerberusalert]

Have you paid anything since you received this notice & if so has the default been registered on your credit file?

[Gum]

Hi There, Many thanks you have been very helpful. BOS sent me a letter in July confirming that they will accept £5.00 a month and they have also mentioned that they have the right to withdraw this arrangment if I do not pay the £5.00 on time. I have been duly paying them every month the agreed £5.00 if you like to read the letter they sent me I can put it on here.

[cerberusalert]

In a way it's a shame that you have come to an arrangement and made payment, however if they have marked a default on your credit file all may not be lost.

[Gum]

Sorry I could not answer your second question. Should I call the credit agency and ask them whether BOS has redistered this on my credit file. Should I check with all the credit agencies such as Experian, Aquifax etc?

[MARTIN3030]

Yes it will confirm things.

The £2 cost of getting a copy of your credit file is well worth doing,and you should have them in a few days.

Dont be tempted to sign up for any free trials.

[Gum]

Hello -Cerberusalert, Do you think I should write to BOS regarding the defective Default Notice and if I do what should I say to them? Thanks

[cerberusalert]

Hello -Cerberusalert, Do you think I should write to BOS regarding the defective Default Notice and if I do what should I say to them? Thanks

 

No...under no circumstances let them know...it could be the Ace up your sleeve, it all depends now on whether they have marked your credit file as being in default.

[Gum]

Thank you. I will check and let you know soon.

[Gum]

Hi Cerberusalert, Can you kindly check my other post on the MBNA CCA matter and give me some advise until I get the Experian credit report on this one..Many thanks

[cerberusalert]

Hi Cerberusalert, Can you kindly check my other post on the MBNA CCA matter and give me some advise until I get the Experian credit report on this one..Many thanks

 

That one looks enforceable if they are front & back of the same document.

[Gum]

Hi - I got my credit report, It has taken a while due to the postal strike. I checked the whole report but BOS has not marked a default on the credit report. Any option for me? Thanks