BOS V Kingbottler - earnings arrestment

[kingbottler]

Hi folks, I've been lurking here reading al the great help. To cut along story. My BOS loan was so far down the line they took me to court and began an earnings arrestment. Until me landing here I didn't think I could challenge this. I CCA'd BOS who have not returned anything. This is now the 42nd day.

 

Can I set aside this judgement if BOS cannot find the CCA? How do I do this, and what would your advice be next?

 

Best Regards

 

KB

[blueda]

Hi Kingbottler and welcome to CAG, creditors have 12+2 working days to respond to a CCA request, so that time has now well past, you can now send them the follow up letter informing them that the account is in dispute and that you are withholding payments until they produce a valid CCA. I dont have direct experience of how to go about getting a set aside, someone who does will be along.

Edited September 3, 2009 by blueda
added content.

[IdaInFife]

do not withold payments, well you cant with a wages arrestment anyway.

 

youcan only recall a decree within 14 days after it has been granted or 14 days from a charge of payment

 

If you want to recall the decree you will need to complete this:

 

http://www.govanlc.com/form_30_30a.pdf

 

and this:

 

http://www.scotcourts.gov.uk/sheriff/small_claims/SmallClaimsChapters/Chapter%2022.pdf

 

from your post it take it your recevied the court papaers bu did not acknowledge them?

 

when was the decree granted? and when did the wages arresment start?

 

Ida x

[kingbottler]

IDA thanks for this. I realised that my cca hadn't reached them as royal mail has lost it despite recorded delivery!

Anyway I re-sent and have received the response attached from Bos.

 

 

http://i737.photobucket.com/albums/xx19/kingbottler/bos-letter-return1.jpg

 

"from your post it take it your recevied the court papaers bu did not acknowledge them?"

 

when was the decree granted? and when did the wages arresment start?

 

I may have signed for court papers but did not contest.

Quite a few years ago is the answer to wages arrestment and decree start date.

 

Am I still in a position I can challenge the decree?

 

Cheers

 

KB

Edited October 19, 2009 by kingbottler
link working now

[kingbottler]

bump

[kingbottler]

bump

[kingbottler]

bump

[IdaInFife]

you are out of time to recall a decree and you can't say that you had no knowlegde due to the wages arressment i'm afraid

 

ida x

[kingbottler]

you are out of time to recall a decree and you can't say that you had no knowlegde due to the wages arressment i'm afraid

 

ida x

 

Is there any other approach I can take? Surely if BOS cannot find the cca it is illegal to collect it?

Are there know means of me repealing this?

 

Additionally ppi was included in my loan and would not payou, when part redundancy occurred. This was added to the amount of the loan. Is this legal?

 

Cheers

 

KB

[IdaInFife]

there is no way of appealing that i can find i'm afraid outwth the days of recall unless you had no knowledge of it at all.

 

it certainly does not stop you reclaiming back any unfair charges or PPI on it

 

you could send a sar to get the info needed to do this to wrk out how much you can claim back

 

ida x

[kingbottler]

there is no way of appealing that i can find i'm afraid outwth the days of recall unless you had no knowledge of it at all.

 

it certainly does not stop you reclaiming back any unfair charges or PPI on it

 

you could send a sar to get the info needed to do this to wrk out how much you can claim back

 

ida x

 

Hi Folks,

 

I've just received my SAR for the above and would be grateful if anyone would like to comment on what may be construed as a CCA.

It was filled in at time of application.

 

BOS have already stated as above they cannot find the CCA. Might they pretend this is the CCA?

What is everyone's view to it's enforcability?

 

On a futher point I wish to claim on PPI misselling as you can see this was included in the loan agreement I subsequently found I couldn't claim upon this so believe I was missold this as I was not given an option or choice.

 

Thanks

 

KB

 

[kingbottler]

bump

[blueda]

No CCA = unenforcable. I dont have experience of reclaiming PPI, someone should be along to advise you.

[kingbottler]

No CCA = unenforcable. I dont have experience of reclaiming PPI, someone should be along to advise you.

 

 

Thanks for this

 

Would anyone regard the attached document above as an 'Enforcable' CCA agreement?

 

Oh and any PPI experts like to comment!

 

Cheers

 

 

KB

[kingbottler]

bump

[kingbottler]

bump

[kingbottler]

bump

[kingbottler]

Bump

[IdaInFife]

hiya

 

did you sign this within the bank itself?

 

the cca looks ok and yes if your were missold PPi you can reclaim it

[kingbottler]

hiya

 

did you sign this within the bank itself?

 

the cca looks ok and yes if your were missold PPi you can reclaim it

 

Hey Ida,

 

Thanks for getting back. Your comments are very helpful.

I did sign this within the bank in a half hour meeting. I do feel I did not get the opportunity to properly review this and PPI was automatically included.

I was reading somewhere here a precedent had been set when an individual's cca was deemed unenforcable by inclusion of ppi by default.

Am I correct in this?

 

 

Cheers

 

KB

[kingbottler]

bump

[kingbottler]

bump

[LOVETHEBANKS]

If it's the case I think your talking about, there was more than one reason for it being dismissed and there has been no precident set.

[IdaInFife]

PPi is not something i know enough off

 

maybe make a post in the PPI forum

 

Payment Protection Insurance (PPI) - The Consumer Forums