BO & S no reply to CCA

[zingy]

I sent a CCA request to BO&S and it expired on Monday (12+2 working days) and haven't heard anything from them. This related to a loan a took out with IF in 2004 and have had numerous communication with BO&S; also paying them a reduced monthly payment since 2006.

 

The account at CRAs shows to be defaulted and ended in 2006, although I don't have any paperwork with this info on.

 

 

I'm guessing my next steps would be to send the account in dispute letter and stop payment? Not sure if they do have a copy of the document, but I do.

 

Also, could they record a default against me (or adapt the current one) after I do this?

[zingy]

Bump

 

Received a reply today from card services at Halifax saying the reference I provided doesn't relate to a credit card in their system.

 

Hmmm..... not, because it's a loan reference you muppets!

 

Well, should I send them a letter correcting their mistake or just send the account in dispute letter and stop payment?

[zingy]

Seems as though no one is around this part of the forum, ah well.

 

I sent the in dispute letter and will see if I get any reply.

[citizenB]

It might be a good idea to correct THEIR error, you can still put the account in dispute until such times as they have resolved your complaint.

[zingy]

It might be a good idea to correct THEIR error, you can still put the account in dispute until such times as they have resolved your complaint.

Thanks CB.

 

I popped a short paragraph at the start of the dispute letter and sent it yesterday.

 

 

Just have one question: should I stop payment to encourage them to act? Or just reduce to a token payment of £1 (current monthly payment is circa £60)?

They defaulted and ended the account (according to CRA files) in 2006 - although I have not record of these.

[zingy]

bump

[citizenB]

Thanks CB.

 

I popped a short paragraph at the start of the dispute letter and sent it yesterday.

 

 

Just have one question: should I stop payment to encourage them to act? Or just reduce to a token payment of £1 (current monthly payment is circa £60)?

They defaulted and ended the account (according to CRA files) in 2006 - although I have not record of these.

 

Not absolutely certain what you mean by "defaulted and ended" the account.

 

Are you saying you received a Default Notice, or that they recorded a default on your Credit reference record ?

 

If you received a Default Notice, can you please let us know the date it was issued, how it was sent (ie 1st class, 2nd class or UK Mail) and what date were you given to remedy the default.

 

If you received a Default Notice, and continued to pay then I think that would allow them to issue a further Default Notice.

 

Do not confuse a Default Notice with a default recorded at the CRAs, those can and will probably be updated regularly by the Original creditor.

 

The decision to pay or not to pay is a choice only you can make.

 

I guess you could reduce the token payment in order to focus their minds, but be ready for a barrage of calls (if they have your phone number) and threatening letters.

 

In theory, if they dont produce a copy of the CCA, then the only thing they are not permitted to do is take court action. They may however, sell the account on to a DCA.

 

HTH

[zingy]

Hi CB,

 

Apologies, mean on the CRA records; there is a default for 08/2006 and the end date is the same. No, I haven't got a copy of the default notice and pretty sure they never sent me one, as I've got a file with all the correspondence in.

 

Just a bit confused with default and end date on CRAs - as I thought they wouldn't be able to issue another default; ah well.

 

I think I will reduce the payment to £10 or so, and I've just got truecall so I'll expect their delightful letters to come through in the next week or so:)

 

Thanks

[citizenB]

Hi CB,

 

Apologies, mean on the CRA records; there is a default for 08/2006 and the end date is the same. No, I haven't got a copy of the default notice and pretty sure they never sent me one, as I've got a file with all the correspondence in.

 

Just a bit confused with default and end date on CRAs - as I thought they wouldn't be able to issue another default; ah well.

 

I think I will reduce the payment to £10 or so, and I've just got truecall so I'll expect their delightful letters to come through in the next week or so:)

 

Thanks

 

Righto, well a default is a marker placed on the CR files by the Original Creditor and will stay there for 6 years. I am sure they can only place one. But that would need to be confirmed by someone with more knowledge.

 

It is interesting that you havent received a Default Notice. That is a statutory requirement that allows you time to remedy the breach of arrears within a given time.

 

If they have issued a Default Notice, then unless you made the remedy then they wouldnt be able to issue another of those.

 

Had you thought of sending for a Subject Access Request. It will cost £10.00 and you should receive all the information they hold on you. Sometimes, not always, you will get a copy of the agreement in that.. you should be able to work out from the communication logs if a Default Notice has been issued.

 

HTH

[zingy]

Thanks, CB.

 

I was under the impression that once the CRAs showed a default and account end date that the creditor was not able to then issue another default (because essentially the account is closed). Although, that might be wishful thinking.

 

I already have a DSAR outstanding with HBOS - for this loan account and two credit cards - due back the first week of March. I want to claim back some unlawful charges on the CCs so I'll see what is included when everything arrives.

[citizenB]

If you have a subject access request outstanding, you should chase it up.

 

Do you have proof via Royal Mail recorded or special delivery receipts that it was received by the creditor ?

 

Send them a reminder that they havent fulfilled your request, give them maximum of 14days to comply then either make a complaint to the Information Commissioner or issue a N1 claim through the courts for non compliance.

 

You do have to keep on top of things.

[zingy]

Sorry, CB. In outstanding I meant that it was yet to get to me, not that the time limit had expired.

 

They sent the DSAR the other day - albeit not all of the information was there:rolleyes:.

 

Looks like a strong worded letter is off to them tomorrow pointing to the fact that I have 3 accounts with them and not 2 1/2:).

 

Oh, and yes, always ensure I have proof of delivery, you never know....

[zingy]

Okay, finally received a reply from IF/Halifax.

 

I've attached what they sent in a pdf, although I think the only relevant info is on pages 9 and 10 that contain the details of the loan. Pretty sure all the prescribed terms are there, but just want to be sure.

 

Also, interesting closing sentence in the cover letter they sent:

 

"For the avoidance of doubt, the Consumer Credit Act 1974 does not prohibit collection activity when an account is in dispute."

 

 

Cheers

IF CCA Reply.pdf

[citizenB]

 

Also, interesting closing sentence in the cover letter they sent:

 

"For the avoidance of doubt, the Consumer Credit Act 1974 does not prohibit collection activity when an account is in dispute."

 

 

Cheers

 

As you say, it looks ok. It might be good to have a few other people have a look at it though for confirmation and also to have a look at the figures for you. Especially the Payment Protection Insurance.

 

What that closing sentence means as regards to "collection activity" is that they can phone, write, pass your account over to a DCA to to harrass you, etc. However, unless they have a fully valid contract then they would not be able to proceed to take you to court.

 

Righto, the Insurance side of things. Did you ask for that, or were you "persuaded" to take it out. Was it of any benefit to you, would it have fully covered you if you were unwell. Were you told that your chances of obtaining the loan were better if you took it out ?

 

Also, is it a joint loan ?

 

I will flag the post for others to pop in and comment. It might also be a good idea for you to pop Intelligent Finance into the CAG search engine and see if there are other CAGers with the same type of loan.

[zingy]

Thanks, CB.

 

Thinking back, I'm pretty sure I applied for the loan online and the PPI was automatically selected, or in a way that you had to choose it.

 

It is not a joint loan.

 

On the PPI, should I send a letter asking for information from IF about it? I've already got a DSAR with Halifax, but they've been slow at sending things, stuff comes in bits and is incomplete, other information (including information on the loan account) hasn't yet turned up. Have done the LBA letter, just waiting another week for the time to rund out on that and then going to contact the ICO.

[citizenB]

Yes, I would ask for the information. If they have provided statements then there should be an entry that shows it has been charged for.

 

If this was an online application then there is every chance that you would not have been able to proceed without clicking the button.

 

On page 3 it says you have "asked" us to provide you with the ASU. To me that implies actually speaking to someone. If you werent talked through whether or not the insurance was a suitable add on or provided with information for you to make that decision for your self then I guess you could have a claim for mis sell.

[zingy]

Thanks, CB.

 

I'm sure I applied online, was sent the forms and all I had to do was sign and return them.

I'll wait to see what happens this week and take action if I need to.

[steven4064]

I've checked the agreement in pages 8-9 of the pdf and it looks OK to me - ie it is enforceable.

 

Whether they can collect or not on an agreement in disput depends on why it is in dispute. If it is in dispute because they have not complied with their obligations under the CCA 1974 they can't. In your case, of course, they have complied.

[zingy]

I've checked the agreement in pages 8-9 of the pdf and it looks OK to me - ie it is enforceable.

 

Whether they can collect or not on an agreement in disput depends on why it is in dispute. If it is in dispute because they have not complied with their obligations under the CCA 1974 they can't. In your case, of course, they have complied.

 

Yeah, continuing payments now. Just need to see if I can claim my PPI back though .