v Urgent Blair Oliver Scott Court Action

[friendinneed]

Hi All

 

I just recieved a letter this moring from Blair Oliver Scott on behalf of Bank of Scotland. They say that there are being instructed to start court proceedings. I have sent numerous CCA requests and letters asking for a breakdown of the debt.

 

I want to respond today if possible can anyone advise as to what I can do now

 

Thanks

[nunnyrose]

assuming they haven't responded to your CCA requests?

[friendinneed]

No I have sent them 4 letters now in total askign for a CCA as well as a full breakdown of the account.

[boswell]

Make sure you keep all your correspondence, which hopefully was sent recorded delivery.

If they want to proceed down the court route they will have to produce it eventually, and more importantly explain to the judge why they ignored your requests.

My guess is they don't exist.

[griffin036]

Send this ( amended to suit):

 

Blair, Oliver and Scott Limited,

PO BOX 66,

Rosyth,

Fife,

KY11 2WG

 

Your Ref: xxxxxxx

Re: Bank Of Scotland

Account: xxxxxxxxxxxxxxx

 

 

WARNING

THIS IS A REQUEST UNDER THE CIVIL PROCEDURES RULES

PLEASE DO NOT IGNORE

 

 

Dear Sir/Madam,

 

Thank you or your letter dated xxx 2009, received by myself on the xxxxx, in which you have given formal Notice of Intended Court Action.

 

In your letter you have given notice that the Bank of Scotland are preparing to initiate legal proceedings over the non-payment of the outstanding balance claimed to be due on the above account.

 

Given that this matter is now subject to potential legal proceedings, you are obliged to provide (under the Civil Procedures Rules) information to ensure that all parties are on an equal footing, and also to ensure that the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.

 

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules - I request that you supply copies of the following documents:

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to, the following.

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with the Bank of Scotland is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that has been sent to me, with a copy of any proof of postage that you hold.

5. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement.

This information is required within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

 

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:

· demand any payment on the account, nor am I obliged to offer any payment to you;

· add any further interest or charges to the account;

· pass/sell the account or outstanding balance to any third party;

· register any information in respect of the account with any of the credit reference agencies; or

· issue a default notice related to the account.

Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit.

 

In addition, you should be aware that this account is in dispute and has been since xxxxxx 2009, following the Bank of Scotlands failure to provide a properly executed and legally enforceable copy of a Credit Card Agreement which fulfils the terms of the Act. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60 (1) Consumer Credit Act 1974, The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I have not written them here for you as I am sure you are well aware of them, suffice to say none of these terms are present in the document.

 

I specifically would like to draw your attention to the following extract from the Consumer Credit Act 1974:

 

S127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

Until this default is resolved you are not entitled to enforce any part of this alleged agreement, and it would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

I hope this fully explains the situation, and I look forward to hearing from you in writing, in due course.

 

 

Yours faithfully,

 

 

friendinneed

 

..........................................................................

edit accordingly, send recorded and forget about them.

[hungrybear]

Send this ( amended to suit):

 

Blair, Oliver and Scott Limited,

PO BOX 66,

Rosyth,

Fife,

KY11 2WG

 

Your Ref: xxxxxxx

Re: Bank Of Scotland

Account: xxxxxxxxxxxxxxx

 

 

WARNING

THIS IS A REQUEST UNDER THE CIVIL PROCEDURES RULES

PLEASE DO NOT IGNORE

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

 

Dear Sir/Madam,

 

Thank you or your letter dated xxx 2009, received by myself on the xxxxx, in which you have given formal Notice of Intended Court Action.

 

In your letter you have given notice that the Bank of Scotland are preparing to initiate legal proceedings over the non-payment of the outstanding balance claimed to be due on the above account.

 

Given that this matter is now subject to potential legal proceedings, you are obliged to provide (under the Civil Procedures Rules) information to ensure that all parties are on an equal footing, and also to ensure that the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.

 

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules - I request that you supply copies of the following documents: 4.6 is about you proving to them why there is no case to answer. I think you would be better to use 31.16 - disclosure before proceedings start.

 

1) A true copy of any executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the alleged account was opened. Please note that a "true copy" as defined by the Consumer Credit Act section 78(1) will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required. You will also be required to produce the original document in court.

 

2) All records you hold on me which may be relevant to this case or which you may seek to rely on in bringing any claim, including but not limited to, the following.

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the alleged account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with the Bank of Scotland is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that has been sent to me, with a copy of any proof of postage that you hold. Please note that, under section 7 of the Interpretations Act 1978, proof of production of any such document does not constitute legal proof of postage.

5. Details of any collection charge added to the aleged account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement.

This information is required within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

 

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:

· demand any payment on the account, nor am I obliged to offer any payment to you;

· add any further interest or charges to the account;

· pass/sell the account or outstanding balance to any third party;

· register any information in respect of the account with any of the credit reference agencies; or

· issue a default notice related to the account.

Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit.

 

In addition, you should be aware that this account is in dispute and has been since xxxxxx 2009, following the Bank of Scotlands failure to provide a properly executed and legally enforceable copy of a Credit Card Agreement which fulfils the terms of the Act. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60 (1) Consumer Credit Act 1974, The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I have not written them here for you as I am sure you are well aware of them, suffice to say none of these terms are present in the document.

 

I specifically would like to draw your attention to the following extract from the Consumer Credit Act 1974:

 

S127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

Until this default is resolved you are not entitled to enforce any part of this alleged agreement, and it would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

I hope this fully explains the situation, and I look forward to hearing from you in writing, in due course.

 

 

Yours faithfully,

 

 

friendinneed

 

..........................................................................

edit accordingly, send recorded and forget about them.

 

hope that helps

[friendinneed]

very odd thing happened this morning. I sent the above and received a letter today to say thatnks for my offer to pay £1.00 per month this was acceptable!!!!! Confused to say the least

[247orbital]

sounds like they have used your CCA request payment as payment of £1 towards the debt, which they can not do.

[spaggeyhoops]

Hi friendinneed

 

Im in pretty much the exact postion as you...received a letter from Blair Oliver & Scott thanking me for agreeing to pay £1 a month. You received anything further?

[harrassed senior]

I would write back and ask them to send you a copy of your offer, confirming you have never made one!!

[42man]

You might like to edit this...and send recorded...

 

FINAL RESPONSE

 

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 with (names of previous DCA

's / Bank here) 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 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

 

Yours faithfully...

 

(You could also add -

 

I am a great advocate of recycling and have enclosed your previous correspondence for your recycling operation -

Paper recycling - Wikipedia, the free encyclopedia

- This site gives some useful information for your company's recycling effort