Bank of Scotland card County Court claim

[professorgbr]

I have received a claim form from county court for the balance of a card £5,500 They never sent me a copy of a signed agrement just a copy of a fold up application form and their updated copy of terms and conditions can anyone give me advice here.

[Bigdebtor]

What previous correspondence have you had - going right back to when you first were unable to keep upm payments?

 

BD

[dundeelaw]

You can put in a Defence that the account is in dispute (if it is). You can say that you have asked for a copy of the Original Consumer Credit Agreement but the the claimant is in default of this request. You can request that the court order the claimant to provide you with the information you require so that you can amount a Full Defence. Ask the court to sist the claim until they have complied with your request.

 

You can put in a counter-claim for charges and interest, ppi etc altogether.

Edited March 15, 2010 by dundeelaw
typo

[professorgbr]

This is the default notice opinions please, The agrement has been terminated since

 

http://i991.photobucket.com/albums/af33/theprofessor_album/Defaultnotice1edited.jpg

 

http://i991.photobucket.com/albums/af33/theprofessor_album/Defaultnotice2edited.jpg

Edited March 21, 2010 by professorgbr

[professorgbr]

This is the application form they sent, Opinions please

 

http://i991.photobucket.com/albums/af33/theprofessor_album/applicationform1edited-1.jpg

 

http://i991.photobucket.com/albums/af33/theprofessor_album/applicationform2edited.jpg

[fdpm]

Ha! at least your agreement is regulated by the CCA - BOS are taking me to court saying the preference account is an overdraft and not a credit card and therefore not a regulated agreement!

[Dotty50]

Hi Prof,

 

What date did they terminate?

 

Your DN is short on the remedy date which ever post was used. Did you keep the envelope?

[professorgbr]

Hi Prof,

 

What date did they terminate?

 

Your DN is short on the remedy date which ever post was used. Did you keep the envelope?

No Didn't keep the envelope I have filed a defence with the court based on the notice being non complient with the act and that they terminated any agreement.(if any agreement was in place)

[spark911]

Why on page 2 near the signature is "Decline, £10k letter" written on it? Doesn't mean anything, but a random observation none the less.