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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Just dont panic, there is plenty of time to sort out a letter, I will try and throw something together either tonight or over the weekend and you can go through it and see whether you want to use it.

 

Kindest wishes

 

WMW, DONT WORRY everything is fine just relax a little :) They will not issue court action within the next week so we have time to sort out a solid response ;)

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Thanks for pm which I just saw.

I am on my way out-but will flag this up for one of the team now.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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They cannot force you to pay more than you can afford, if it were me I would report them to the OFT for harrassment. I believe that they can provide a reconstituted agreement but it must contain your name and address (can somebody clarify this ?)... -

 

This is what the OFT say...

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hello there, they have provided a reconstituted CCA with my name and address on it - but is that suffice? I was of the impression that they needed to provide me with a signed CCA - these accounts were opened prior to April 2007.

 

does this mean that they have the right to force me to pay more money per month?

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Someone help me please - I have received a letter from Blair Oliver & Scott today saying that I have failed to respond to their requests and my account is being prepared for court action, they want me to fill out an I&E and I dont want to as I dont feel I ought to.

 

can someone please help me.............please.

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Hi FDAO,

 

I am at work at the mo so not easy to post.

 

Has WMW done a letter for you?

 

You must remember that this is a self-help forum and lots have posted on here with very good advice.

 

You MUST stop panicking, read what others are telling you and act on it accordingly.

 

BlairOS are doing exactly what they intend but you can get rid of them!

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Thank you for replying, unfortunately I am waiting for WMW to come back to me with a letter, I have sent the SAR to the Halifax as suggested, just bit stunned that BOS have sent another letter threatenting me with court action.

 

I just want to be sure that I am doing the right things

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If you have sent the SAR that's fine and they now have 40 days from receipt to respond, check delivery receipt on the Royal Mail tracking website in a few days time and print the proof of delivery.

 

The reconstituted copy satisfies your s78 CCA request, due to recent court rulings but they STILL need the original if they want to take you to court. I note in a previous post, in their letter that they have requested a copy from the relevent dept. This is what they told me many times but then eventually admitted that they cannot supply the original T & C's.

 

BOS are a pain in the proverbial and will keep writing but I just told them to go away which they did, in the end

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42man am I correct in thinking that they cannot take me to court if they do not provide me with the original CCA? and that I can put the account into dispute if they dont send the CCA? although they have said that they have satisfied the request. despite the fact they have threatened me with court action for failing to respond to their letters to contact them to up my payments?

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Help needed...I am going to try to keep this concise (am in danger of rambling on as really upset) I defaulted on 2 x halifax credit cards (current bal £1580 and £280 each) I have been paying BOS for 1 year £60 and £40 respectively. I sent a CCA request recently and had returned the reconstituted T&C's. This apparently satifies my request. I have had another letter from BOS (relating to the larger debt) telling me to contact them to review my account and increase payments, if I dont they will take me to court. I have never defaulted on these payments to BOS.

 

National Debt Line have told me basically that they can take me to court unless I do what they ask and give them all my I&E.

 

Does this mean that I am over a barrell? help someone please?

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You're not obliged to send Income & Expenditure details unless ordered to do so by a Court.

 

Could you post up the copy of the supposed CCA here please? Remember to remove any personal details - name, address, ref number, bar codes, etc. first.

 

That way, some of the clever people here can tell you if the CCA is actually valid - T&Cs on their own do not constitute a valid CCA.

 

Then people can start to give advice on your best approach to this matter.

 

Keep calm, don't panic, I'm sure further help is on its way

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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ok - here goes - this is the letter (I will copy the text from the T&C's) and post next.

 

Card Services

Pitreavie Business Park

Dunferniline

Fife

KY99 4BS

05 July 2010 Dear

Account Number:

I write in response to your request for a copy of your consumer credit agreement under Section 78 of the

Consumer Credit Act 1974 (CCA).

I have enclosed with this letter a copy of your reconstituted version of the executed agreement

comprising both the original and current terms and conditionslink3.gif. -

I have requested a copy of the original signed application form from the relevant department to comply

with your section 60/61 request. You will receive this shortly under separate cover.

The copy of the agreement enclosed with this letter complies with the requirements of the Consumer

Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the “Regulations”).

Regulation 3(2)(b) provides that a copy can omit any signaturelink3.gif box, signature or date of signature. In

summary we are not required to produce a copy with your signature on it.

By providing you with the documents attached to this letter, we have satisfied our obligation to provide a copy of the executed agreement under Section 78. As such, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the requirements relating to the provision of copy agreement.

As you have not made the required payments, you were served with a default notice, your agreement was ended on 10th June 2009 and the full balance owing became due. As such at the date of this letter, the full balance on the account of £ is in arrears and due for payment. As the agreement has ended, there is no credit limit in place and no interestlink3.gif is being charged on the debt owing.

If you are using the services of a claims management company we would like to remind you of the warnings issued by the Ministry of Justice and Citizens Advice Bureau. You can find more details about both at:

htlpth’m&.k,slicev.ulc[new1newsreaIepsel7o2o9±ht m and

htlp:/Ivnntcluzerisadvicaorc.ul doress 20090217

I refer you to a quote from the Ministry of Justice that reads “Businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action”.

 

 

:(

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and this is the rest - sorry I am worried that it looks so painful :-(

 

 

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

This is a copy of your Agreement for you to keep. It includes a notice about your cancellation

rights which you should read.

1. PARTIES Theparties to this Agreement are Bank of Scotlandlink3.gif plc, The Mound Edinburgh, EHI 1YZ and

2. KEY FINANCIAL INFORMATION

2.1 We will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change.

2.2 We will send you a monthly statement, unless there have been no payments into or out of the account during that period and the balance is nil. Each month, if the balance is £5.00 or more, you must repay the greater of: a

1% of the amount you owe us; or

b) an amount equal to the total of any Credit Card Repayments Cover premiums, interestlink3.gif (or the minimum interest charge), over limit and late payment fees plus £5.00.

If the balance is less than £5.00 then you must repay the full amount. Your statement will show the date by which you must make this month’s payment.

2.3 The APR for the Agreement is 29.9% APR (variable).

3. OTHER FINANCIAL INFORMATION

3.1 The total charge for credit is £223.78, consisting of £223.78 interest. This is based on credit of £1,500 being borrowed at the start of the agreement over one year at the standard interest rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one month after the start of the agreement.

3.2 Our interest rates are as follows.

On balance On cheques, On cash On purchases

transfers, related related interest advances, and all other

interest and and charges related interest amounts, except

charges and charges default sums

Standard rate 26.93% 27.95% 29.95% .29.95%

 

We may apply the standard interest rate during any special promotion period to any transaction if in any month you do not make at least your minimum payment by the payment date or if you exceed your credit limit at any time. We will not charge interest on default sums until the 29th day after you have received a notice telling you of the charge. We will then charge interest on these amounts at the simple interest rate for purchases shown in condition 3.3.

3.3 We calculate interest on your average daily balance and charge it to your account on each statement date. The interest rates shown above are calculated by compounding the interest we charge each month over one year. The simple interest rates (not including interest being charged on interest) are:$

• Balance transfers 24.08% per annum

Cheques 24.90% per annum

Cash advances 26.48% per annum

Purchases 26.48% per annum

3.4 We will pot charge interest on purchases shown on your current statement for up to 59 days from the date of the purchase, if you pay the total balance shown on that statement by the payment date (and have also paid the total balance on the previous statement by the payment date). Where we do charge interest on purchases, we charge it from the date of the transaction. We will always charge you interest on cash advances from the date of the transaction and for cheques, balance transfers and all other amounts from the date we first charge the amount to your account.

3.5 If you do not pay the total balance shown on your statement, at the date of the next statement we will add the interest we have charged on the unpaid amount to the balance we charge interest on. We will continue to charge interest, at our usual rates, on any unpaid balance after this agreement has ended and both before and after we have got a court judgment. If we allow you to miss or reduce one or more monthly payments, we will continue to charge interest on the full amount you owe on your statement (including on the interest for that month).

3.6 We use any payments you make to pay off transactions that appear on your statements starting with those on which we do not charge interest, then those on which we charge interest at the lowest rate and so on up to the highest rate of interest. If the payment is not enough to pay off all transactions at a particular interest rate, we will pay off transactions charged at that interest rate in the order:- balance transfers, cash advances, default sums, purchases and cheques, If you pay more than the amount due shown on your statement, we will use any remaining payment to pay off any transactions that have not yet appeared on your statements statting with those on which we do not charge interest, then those on which we charge, interest at the lowest rate and so on up to the highest rate of interest. If the payment is not enough to pay off all transactions at a particular interest rate which have not yet been shown on your statements, we will firstly pay off interest, fees or insurance you have been charged on balance transfers since your last statement. We will then use it to pay off the same items for cash advances, default sums, purchases and cheques. We will then use any remaining payment to pay off the amount of any balance transfers, cash advances, default sums, purchases and cheques not yet shown on your statement. In this condition, “transaction’ includes the amount of the purchase, cash advance, cheque, default sum or balance transfer plus any interest, fees or insurance payment charged as a result of that transaction. For example, a cash advance fee is included as part of a cash transaction.

3.7 When we work out the APR, we do not take into account any changes to the interest rate, charges or fees. We may change these and also introduce new charges and fees which may affect the APR at any time by giving you notice under condition 12.2.

4. KEY INFORMATION

4.1 We will charge:-

o £12.00 each month in which a minimum payment amount that should have been paid remains outstanding.

• £12.00 each month if, at any time during that month, you go over your credit limit.

• £12.00 each time a direct debitlink3.gif, cheque or other item is not paid, including a cheque which you write.

4.2 We will charge handling fees for cash advances, balance transfers and cheques; a

minimum interest charge; and fees when you make transactions in foreign currency or

pay us in foreign currency. We will also charge you if you ask:-

o for copy statements

o to change your statement date more than twice in any six month period;

o to stop a cheque written to your account (unless the cheque was lost or stolen)

The details of these charges are shown in conditions 5 and 8.1 (stopped cheque fee).

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult.

IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the

amount you owe under the agreement.

2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.

 

YOUR RIGHT TO CANCEL

Once you have signed this agreement, you will have a short time in which you can cancel

it. We will send you exact details of how and when you can do this.

I wish to purchase Credit Card Repayments Cover. []

I wish to purchase Card Care [1

I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions 1 to 4 in

this agreement.

Your signaturelink3.gif

Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree: a that the details provided by you in your application are correct;

b) that your data may be used as set out in the Data Protection Declaration on the application form; and

c) to be bound by the General Credit Card Conditions.

GENERAL CREDIT CARD CONDITIONS

5. Charges

5.1 We make a handling charge of 3% (at least £3.00) for all cash advances and 3% (at least

£3) for balance transfers and cheques. We may also limit the amount of your overall balance that can be made up of cash advances to a percentage of your overall credit limit. If we apply this cash limit we will tell you what that limit is and we will tell you if it changes at anytime.

5.2 If in any month you incur interest and this is less than Sop, we will make a charge of SOp which will be added to your account in place of the interest.

5.3 If you make transactions in a foreign currency, we will change the amount to sterling at the exchange rate used by the payment system. We will charge 2.95% of the value of each foreign-currency transaction. The sterling amount shown on your statenient will include this charge. If the transaction is a cash advance we also charge the cash advance handling charge shown above. -

5.4 We may also charge you for the following special services.

• Sending a copy statement £5

• Changing your statement date (if you have already £5

asked us to change the date twice in the last six months)

• Processing any foreign currency payment to us £10

5.5 We may change any of the charges listed in conditions 4.1, Sand 8.1 and introduce new charges at any time by giving you notice under condition 12.2.

6 Words with special meanings

 

‘We’, ‘us’ and ‘our’ mean Bank of Scotland plc and any organisation that takes over the benefits of this agreement. The words ‘you’, ‘your’ and ‘yours’ refer to the person who entered into this ag?eement with us.

The following words have a special meaning.

Balance transfer - an’ balance we allow you to transfer from another UK account. Card - any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller’s cheques or foreign currency obtained by using the card or money transfers, finance payments or gambling transactions made with the card. Cheque - a cheque which we send you to draw money from your account. Continuous payment authority - your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Default sum - an amount (other than interest) payable by you under this agreement because you ha’ie broken the agreement. Finance payment using your card to repay finance such as a loan agreement or hire purchase. Gambling transaction using your card to purchase lottery tickets or take part in any form of gambling such as betting, gaming or wagering. Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases - goods and services bought using the card or card account number. Transaction a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder.

7 Usingyouraccount

7.1 We will open a credit card account for you and give you and anyadditional cardholder a card each. As long as this agreement covers it, we may send you a different type of credit card from the one you asked for, and replace it with a different type of credit card. We may refuse to replace a card if you do not keep to this agreement.

You must not let your account go over your credit limit or use your account if itis already over your credit limit. Your account must not be used for illegal transactions.

We will charge to your account any amounts arising under transactions, which you or any additional cardholder make, and any other amounts you have to pay us under this agreement.

7.2 You cannot use our credit card cheques to pay off any amounts you owe us or to make payments in foreign currencies. . Our credit card cheques are valid until the expiry date printed on the cheque, and cannot be used after that date.

7.3 Cards and unused cheques belong to us. - If we ask you to, you must not use them and must return them to us. We will only ask for them if we have a good reason. For example, if you are not keeping to this agreement, or for security, technical or design reasons. If we ask you to return the card or if we believe the card is being misused, we may also put a ‘stop’ on it. This will prevent you from using it. We may also do this to minimise the risk of fraud if your account has not been used for more-than 12 months. We may change the account number or pin at any time if we have a good reason. You or any additional cardholders must only use the cards between the ‘valid from’ and ‘end dates’ printed on them.

7.4 We will only accept that you have paid any money you owe us when we receive your payment at our processing centre.

7.5 Where interest is payable, the earlier you make a payment, the less interest you have to pay. We do not recommend that you only pay the minimum payment for prolonged periods.

7:6 You must not make payments or transfer funds from another credit or store card to your account that would leave a credit balance on your account. We may return any funds that exceed the balance owing on your account to the account from which the money has been sent.

8 Stopping payments and refunds

8.1 You can stop a cheque if you tell us before we pay it. We may charge a fee of £10, unless the cheque was lost or stolen. You can stop a continuous payment authority if you tell the person you are paying in time. You cannot stop other transactions.

8.2 We will only make a refund to your account if we have reasonable proof that you are

entitled to a refund. -

9 Security

You must sign your card and make sure that anyadditional cardholders sign their cards as soon as you get them. You must make sure that you and any additional cardholders:

• keep the card and cheques safe and keep the pin and other security information secret at all times;

• do not allow anyone else to use your card, pin or other security information;

• always learn your pin and other security information and destroy any notice of the pin straightaway; and

• do not write down or record your pin or other security information without disguising

it.

10 Lost and stolen cards

10.1 You must call us immediately on 08457 203099 if the card or cheques are lost or stolen or could be misused, or someone other than you or any additional cardholder knows the pin. You need to give us the card number. If we ask, you must krite to us within seven days to confirm your call. The address is Bank of Scotland plc, Card Services, Pitreavie Business Park, Dunfermline, File KY99 4B5.

10.2 Generally, you will not be liable for misuse of a card, cheque, or pin (other than by you or an additional cardholder), including where the card is used before you receive it. You will be liable for misuse by a person who got the card with your permission until you tell us about the possibility of misuse. However, you will not have to pay us any money for any loss we suffer because of the use of a card, cheque or pin where they have been used without your authority in connection with a distance contract as defined by the Consumer Protection (Distance Selling) Regulations 2000 or the Financial Services (Distance Marketing) Regulations 2004. We may give the appropriate authorities any information we consider relevant about the loss, theft or misuse of a card, card account number, cheque, or pin.

10.3 If you find any card or cheque after you report it under condition 10.1, you must cut it in half and, if we ask, return it to us.

11. Breaking the agreement and if you die

If the agreement is broken, we will charge you for any loss, costs or expense we have to

reasonably pay as a result. We may ask for immediate payment of the full amount you

owe if:

• you break this agreement repeatedly or in any significant way;

• you die;

• you have told us something misleading or false; or

o you are in financial difficulties (for example, you are likely to be made bankrupt).

We will follow the correct legal requirements when we do this including the requirements

made under the Consumer Credit Act to serve notices before certain action is taken.

12 Changes

12.1 You must write to us immediately if you or any additional cardholder changes your name or address. You should also advise us of any material changes to your personal circumstances that might have an impact on the credit limit assigned to you or to additional offers that we may make.

12.2 We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we will only reduce your credit limit or cash limit if we have a good reason, for example, your circumstances change or because our assessment of the risks of lending to you changes. For any other changes, we can change this agreement, including the interest rates and charges, for any good reason. We will give you at least 30 days’ notice in writing of any change to your disadvantage, other than a change to your interest rates, cash limit or credit limit. We will give you at least 7 days’ notice of any change to your interest rates or any other change to these conditions that is not to your disadvantage.

12.3 We may offer you benefits along with your account and we will tell you what benefits we offer. We may change, withdraw or suspend these benefits at any time by giving you reasonable notice.

13 How we limit our liability

We always try to provide a high level of service, but we will hot be liable for any loss, costs, claims or expenses arising from any cause beyond our reasonable control, including but not limited to:

• if any person or machine refuses to accept a cheque or a card; or

• strikes, power cuts or equipment faults.

14 Additional cardholders

You must pay for all transactions made by any additional cardholder This applies even if the additional cardholder makes you break this agreement. We may give any additional cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it to us.

15 Ending or suspending this agreement

15.1 You may end this agreement immediately by giving us written notice. We may end this agreement by giving you written notice. Normally our notice will be at least 30 days, but, if there are exceptional circumstances for doing so, we can end this agreement immediately. If we do this, we will send you notice immediately after the agreement has

- been ended, unless by law we must tell you first. If your agreement is ended, you must pay us everything you owe (including amounts we have not yet put on the account). You must also destroy all cards, by cutting them in half, and destroy all unused cheques, or return them to us ilwe ask.

15.2 We may restrict or suspend your account at any time without notice if we reasonably believe it is necessary for business or security reasons.

16 Transferring rights under this agreement

16.1 You may not transfer any of your rights or duties under this agreement.

16.2 We may transfer any or all of our rights or duties under this agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have any information about you or an additional cardholder. We may also arrange for any other person to carry out our rights or duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.

17 General

17.1 We may send any notice or other information to the last address you gave us. We will treat them as arriving two days after we posted them.

17.2 We can monitor and record phone callslink3.gif to or from us. We do this to check what was said and also to help us train our staff.

17.3 We can delay in enforcing, or fail to enforce, our rights under the agreement without

losing them. We may also accept part-payments marked as ‘payment in full’ or with

similar wording without losing our right to claim full payment. -

17.4 Each paragraph and subparagraph in these conditions is separate from the others. This

means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our

right to enforce any of the others.

17.5 Nobody other than we or you can enforce any part of this agreement, under the Contracts

(Rights of Third Parties) Act 1999.

17.6 This agreement is governed by English law.

TOIRBPTEA 01/10/08

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

This is a copy of your Agreement for you to keep. It includes a notice about your cancellation

rights which you should read.

1. PARTIES

The parties to this Agreement are Rank of Scotland plc, The Mound, Edinburgh, EH1 IYZ and

2. KEY FINANCIAL INFORMATION

2.1 We will decide your credit limit and tell you what it is. We may change it at any time and will let you know about any change.

2.2 We will send you a monthly statement, unless there have been no payments into or out of the account during that period and the balance is nil. Each month, if the balance is £5.00 or more, you must repay the greater of: a

1% of the amount you owe us; or

b) an amount equal to the total of any Credit Card Repayments Cover premiums, interest (or the minimum interest charge), over limit and late payment fees plus £5.00.

If the balance is less than £5.00, then you must repay the full amount. Your statement will show the date by which you must make this month’s payment.

2.3 The APR for the Agreement is 12.9% APR (variable).

3. OTHER FINANCIAL INFORMATION

3.1 total charge for credit is £101.00, consisting of £101.00 interest. This is based on credit of £1,500 being borrowed at the start of the agreement over one year at the standard interest rate for purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one month after the start of the agreement.

3.2 Our interest rates are as follows.

On balance On cheques, On cash On purchases

transfers, related related interest advances, and all other

interest and and charges related interest amounts, except

charges and charges default sums

Standard rate 12.92% 27.95% 27.95% 12.92%

(variable)

per annum

(compounded)

Special

promption rate per annum (fixed)

may apply the standard interest rate during any special promotion period to any transaction if in any month you do not make at least your minithum payment by the payment date or if you exceed your credit limit at anytime. We will not charge interest on default sums until the 29th day after you have received a notice telling you of the charge. We will then charge interest on these amounts at the simple interest rate for purchases shown in condition 3.3.

3.3 We calculate interest on your average daily balance and charge it to your account on each statement date. The interest rates shown above are calculated by compounding the interest we charge each month over one year. The simple interest rates (not including interest being charged on interest) are:-

- Balance transfers 12.20% per annum

Cheques 24.90% per annum

Cash advances 24.90% per annum

Purchases 12.20% jer annum

3.4 We will charge you interest on purchases and cash advances from the date of the transaction and for cheques, balance transfers and all other amounts from the date we first charge the amount to your account.

3.5 If you do not pay the total balance shown on your statement, at the date of the next statement we will add the interest we have charged on the unpaid amount to the balance we charge interest on. We will continue to charge interest, at our usual rates, on any unpaid balance after this agreement has ended and both before and after we have got a court judgment. If we allow you to miss or reduce one or more monthly payments, we will continue to charge interest on the full amount you owe on your statement (including on the interest for that month).

3.6 We use any payments you make to pay off transactions that appear on your statements starting with those on which we do not charge interest, then those on which we charge interest at the lowest rate and so on up to the highest rate of interest. If the payment is not enough to pay off all transactions at a particular interest rate, we will pay off transactions charged at that interest rate in the order:- balance transfers, cash advances, default sums, purchases and cheques. If you pay more than the amount due shown on your statement, we will use any remaining payment to pay off any transactions that have not yet appeared on your statements starting with those on which we do not charge interest, then those on which we charge interest at the lowest rate and so on up to the highest rate of interest. If the payment is not enough to pay off all transactions at a particular interest rate which have not yet been shown on your statements, we will firstly pay off interest, fees or insurance you have been charged on balance transfers since your last statement. We will then use it to pay off the same items for cash advances, default sums, purchases and cheques. We will then use any remaining payment to pay off the amount of any balance transfers, cash advances, default sums, purchases and cheques not yet shown on your statement. In this condition, “transaction” includes the amount of the purchase, cash advance, cheque, default sum or balance transfer plus any interest, fees or insurance payment chared as a result of that transaction. For example, a cash advance fee is included as part of a cash transaction.. -

3.7 When we work out the APR, we do not take into account any changes to the interest rate, charges or fees. We may change these and also introduce new charges and fees which may affect the APR at any time by giving you notice under condition 12.2.

4. KEY INFORMATION -

4.1 We will charge:-

• £12.00 each month in which a minimum payment amount that should have been paid remains outstanding.

• £12.00 each month if, at any time during that month, you go over your credit limit.

o £12.00 each time a direct debit, cheque or other item is not paid, including a cheque which you write.

4.2 We will charge handling fees for cash advances, balance transfers and cheques; a

minimum interest charge; and fees when you make transactions in foreign currency or

pay us in foreign currency. We will also charge you if you ask:

for copy statements

• to change your statement date more than twice in any six month period;

• to stop a cheque written to your account (unless the cheque was lost or stolen)

The details of these charges are shown in conditions 5 and 8.1 (stopped cheque fee).

MISSING PAYMENtS

Missing payments could have severe consequences and make obtaining credit more difficult, IMPORTANT- READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the

amount you owe under the agreement,

2) If you received unsatisfactory goods or services paid for under this agreement, apart from

any bought with a cash loan, you may have a right to sue the supplier, us or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you

may still be able to sue us.

If you would like to know more about your rights under the Act, contact either you local Trading Standards Department or your nearest Citizens’ Advice Bureau.

THEFT, LOSS OR MISUSE OF CREDIT CARD

If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc as long as you confirm this in writing within seven days.

YOUR RIGHT TO CANCEL

Once you have signed this agreement, you will have a short time in which you can cancel it. We will send you exact details of how and when you can do this.

I wish to purchase Credit Card Repayments Cover. []Tick box

I wish to purchase Card Care []Tick box

I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the products can be found in conditions I to 4 in

this agreement.

Your Signature

Conditions 1-4 above contain important information that we are required to give by statute. The general credit card conditions also form part of this Agreement. By signing above you agree: a that the details provided by you in your application are correct;

b) that your data may be used as set out in the Data Protection Declaration on the application form; and

c) to be bound by the General Credit Card Conditions.

GENERAL CREDIT CARD CONDITIONS

S. Charges

5.1 We make a handling charge of 3.00% (at least £3.00) for all cash advances and 3% (at least £3) for cheques. We may also limit the amount of your overall balance that can be made up of cash advances to a percentage of your overall credit limit. If we apply this cash limit we will tell you what that limit is and we will tell you if it changes at any time.

5.2 If in any month you incur interest and this is less than SOp, we will make a charge of SOp which will be added to your account in place of the interest.

5.3 If you make transactions in a foreign currency, we will change the amount to sterling at the exchange rate used by the payment system. We will charge 2.95% of the value of each foreign-currency transaction. The sterling amount shown on your statement will include this charge. If the transaction is a cash advance we also charge the cash advance handling charge shown above.

5.4 We may charge a handling fee of 3% (at least £3) for balance transfers offered at special promotional rates other than a special promotional rate you received when your account was opened.

5.5 We may also cMrge you for the following special services.

• Sending a copy statement £5

• Changing your statement date (if you have already £5

asked us to change the date twice in the last six months)

• Processing any foreign currency payment to us £10

5.6 We may change any of the charges listed in conditions 4.1, 5 and 8.1 and introduce new charges at any time by giving you nofice under conditIon 12.2.

6 Words with special meanings

We’, ‘us’ and ‘our’ mean Bank of Scotland plc and any organisation that takes over the benefits of this agreement. The words ‘you’, ‘your’ and yours’ refer to the person who entered into this agreement with us.

The following words have a special meaning.

Balance transfer - any balance we allow you to transfer from another UK accOunt. Card - any credit card that we give you or any additional cardholder to use with your account. Cash advance - cash, traveller’s cheques or foreign currency obtained by using the card or money transfers, finance payments or gambling transactions made with the card. Cheque - a cheque which we send you to draw money from your account. Continuous payment authority - your instruction for us to make regular payments to someone. We will pay them when the person you have authorised to receive the payment asks us to. Default sum .. an amount (other than interest) payable by you under this agreement

because you have broken the agreement. Finance payment using your card to repay finance such as a loan agreement or hire purchase. Gambling transaOtion .— using your card to purchase lottery tickets or take part in any form of gambling such as betting, gaming or wagering. Payment date - the date by which you must make your minimum monthly payment. Payment system - the payment system under which we issue the card and any of the people or organisations who own and operate the system. Pin - your personal identification number for you or any additional cardholder to use with the card. Purchases - goods and services bought using the card or card account number. Transaction a purchase, balance transfer or cash advance made or cheque drawn by you or any additional cardholder,

7 Using your account

7.1 We will open a credit card account for you and give you and any additional cardholder a card each. As long as this agreement covers it, we may send you a different type of credit card from the one you asked for, and replace it with a different type of credit card. We may refuse to replace a card if you do not keep to this agreement.

You must not let your account go over your credit limit or use your account if it is already over your credit limit. Your account must not be used for illegal transactions.

We will charge to your account any amounts arising under transactions, which you or any additional cardholder make, and any other amounts you have to pay us under this agreement.

7.2 You cannot use our dredit card cheques to pay off any amounts you owe us or to make payments in foreign currencies. Our credit card cheques are valid until the expiry date printed on the cheque, and cannot be used after that date.

7.3 Cards and unused cheques belong to us. If we ask you to, you must not use them and

must return them to us. We will only ask for them if we have a good reason. For

example, if you are not keeping to this agreement, or for security, technical or design

reasons. If we ask you to return the card or if we believe the card is being misused, we

may also put a ‘stop’ on it. This will prevent you from using it. We may also do this to

minimise the risk of fraud if your account has not been used for more than 12 months.

We may change the account number or pin at any time if we have a good reason. You or

any additional cardholders must only use the cards between the ‘valid from’ and ‘end

dates’ printed on them. -

7.4 We will only accept that you have paid any money you owe us when we receive your

payment at our processing centre.

7.5 Where interest is payable, the earlier you make a payment, the less interest you have to

pay. We do Snot recommend that you only pay the minimum payment for prolonged

periods.

7.6 You must not make payments or transfer funds from another credit or store card to your

account that would leave a credit balance on your account. We may return any funds

that exceed the balance owing on your account to the account from which the money has

been sent. . -

8 Stopping payments and refunds

8.1 You can stop a cheque if you tell us before we pay it, We may charge a fee of £10, unless the cheque was lost or stolen. You can stop a continuous payment authority if you tell the person you are paying in time. You cannot stop other transactions.

 

 

 

 

8.2 We will only make a refund to your account if we have reasonable proof that you are entitled to a refund.

9 Security

You must sign your card and make sure that any additional cardholders sign their cards as soon as you get them. You must make sure that you and any additional cardholders:

• keep the card and cheques safe and keep the pin and other security information secret at all times;

• do not allow anyone else to use your card, pin or other security information; -

o always learn your pin and other security information and destroy any notice of the pin straightaway; and

• do not write down or record your pin or other security information without disguising

it.

10 Lost and stolen cards -

10.1 You must call us immediately on 08457 203099 ii the card or cheques are lost or stolen or could be misused, or someone other than you or any additional cardholder knows the pin. You need to give us the card number. If we askT you must write to us within seven days to confirm your call. The address is Bank of Scotland plc, Card Services, Pitreavie Business Park, Dunfermline, Fife KY99 4BS.

10.2 Generally, you will not be liable for misuse of a card, cheque, or pin (other than by you or an additional cardholder), including where the card is used before you receive it. You will be liable for misuse by a person who got the card with your permission until you tell us about the possibility of misuse. However, you will not have to pay us any money for any loss we suffer because of the use of a card, cheque or pin where they have been used without your authority in connection with a distance contract as defined by the Consumer Protection (Distance Selling) Regulations 2000 or the Financial Services (Distance Marketing) Regulations 2004. We may give the appropriate authorities any information we consider relevant about the loss, theft or misuse of a card, card account number, cheque, or pin.

10.3 If you find any card or cheque after you report it under condition 10.1, you must cut it in half and, if we ask, return it to us.

11. Breaking the agreement and if you die

If the agreement is broken, we will charge you for any loss, costs or expense we have to

reasonably pay as a result. We may ask for immediate payment of the full amount you

owe if:

• you break this agreement repeatedly or in any significant waV;

• you die;

• you have told us something misleading or false; or

• you are in financial difficulties (for example, you are likely to be made bankrupt).

We will follow the correct legal requirements when we do this including the requirements

made under the Consumer Credit Act to serve notices before certain action is taken.

12 Changes

12.1 You must write to us immediately if you or any additional cardholder changes your name or address: You should also advise us of any material changes to ybur personal circumstances that might have an impact on the credit limit assigned to you or to additional offers that we may make.

12.2 We can change your credit limit or cash limit under conditions 2.1 and 5.1, however we will only reduce your credit limit or cash limit if we have a good reason, for example, your circumstances change or because our assessment of the risks of lending to you changes.

For any other changes, we can change this agreement, including the interest rates and charges, for any good reason. We will give you at least 30 days’ notice in writing of any change to your disadvantage, other than a change to your interest rates, cash limit or credit limit. We will give you at least 7 days’ notice of any change to your interest rates or any other change to these conditions that is not to your disadvantage.

12.3 We may offer you benefits along with your account and we will tell you what benefits we offer. We may change, withdraw or suspend these benefits at any time by giving you reasonable notice.

13 How we limit our liability

We always try to provide a high level of service, but we will not be liable for any loss, costs, claims or expenses arising from any cause beyond our reasonable control, including but not limited to:

a if any person or machine refuses to accept? cheque or a card; or

• strikes, power cuts or equipment faults.

14 Additional cardholders

You must pay for all transactions made by any additional cardholder. This applies even if the additional cardholder makes you break this agreement. We may give any additional cardholder information about your account. You may only cancel any additional card by cutting it in half and, if we ask you to, by returning it tous.

15 Ending or suspending this agreement

15.1 You may end this agreement immediately by giving us written notice. We may end this agreement by giving you written notice. Normally our notice will be at least 30 days, but, if there are exceptional circumstances for doing so, we can end this agreement immediately. If we do this, we will send you notice immediately after the agreement has been ended, unless by law we must tell you first. If your agreement is ended, you must pay us everything you owe (including amounts we have not yet put on the account). You must also destroy all cards, by cutting them in half, and destroy all unused cheques, or return them to us if we ask.

15.2 We may restrict àr suspend your account at any time without notice if we reasonably believe it is necessary for business or security reasons.

16 - Transferring rights under this agreement

16.1 You may not transfer any of your rights or duties under this agreement.

16.2 We may transfer any or all of our rights or duties under this agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have any information about you or an additional cardholder. We may also arrange for any other person to carry out our rights or duties under this agreement. Your rights.under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.

17 General

17.1 We may send any notice or other information to the last address you gave us. We will treat them as arriving two days after we posted them.

17.2 We can monitor and record phone callslink3.gif to or from us. We do this to check what was said and also to help us train our staff.

17.3 We can- delay in enforcing, or fail to enforce, our rights under the agreement without losing them. We may also accept part-payments marked as ‘payment in full’ or with similar wording without losing our right to claim full payment.

17.4 Each paragraph and subparagraph in these conditions is separate from the others. This means that, if we cannot enforce any one paragraph or subparagraph, it will not affect our right to enforce any of the others.

17.5 Nobody other than we or you can enforce any part of this agreement, under the Contracts (Rights of Third Parties) Act 1999.

17.6 This agreement is governed by English law.

:(:(

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My thoughts on the first letter you've quoted:

 

They've said:

"I have requested a copy of the original signed application form from the relevant department to comply with your section 60/61 request. You will receive this shortly under separate cover."

 

That means that what they have sent so far is not a valid CCA - there are bits missing that they say they will forward to you when they can find them, so they have not yet complied with the section 60/61 request.

 

"In summary we are not required to produce a copy with your signature on it."

 

- Hmmmm... not from what I've heard here.

 

The 12 +2 working days limit has obviously passed, so maybe the next step is to send the Account In Dispute letter.

 

I'd wait for further advice from other CAG members, but I think I'm right on this one.

 

 

 

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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FDAO,

 

Why have you started a THIRD thread about exactly the same thing?

 

I makes it confusing and you will find that you will get posters giving the same advice that you have already been given!

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As for the second post - it simply looks like a simple copy of T&Cs.

 

They need to provide you with a CREDIT AGREEMENT, plus the T&Cs and any related documentation that's referred to in either document - a statement of payments to the account, interest charges levied, administration, etc. as far as I'm aware.

 

As I said, I hope my replies have calmed you down a bit - I'm not an expert - just going from knowledge gained here, but others, including the Site Team will be able to help further - just give them some time and I'm sure you'll get more help later today.

 

Good luck!

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Having spoke to National Debt line they have told me that BOS are right and they can take me to court. In the HAlifax letter to me last week, they say that they have satisfied my request, and will forward a copy of the signed application once they find it - I can make out if they have or they havent. The National Debt Line have told me that I have no grounds to dispute the account.

 

I am lost

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no they cannot

they must produce what they are going to use in court

 

anyhow

 

this has all been cover numerous times in your other three threads on this subject

 

why start yet another one??

 

you won't get a diff answers

 

threads need merging.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Two threads merged & one unapproved.

 

Please keep to one thread so as not to confuse people. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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you need to calm down........

 

all these muppets that are writing to you are either DCA's or their tame 'fake' solicitors...........

 

NONE OF THEM HAVE ANY LEGAL POWERS

 

all they can do is send threat-o-grams.

 

stop phoning everyone inc NDL and sit back and wait a bit.

 

have you a mobile phone or a digital camera?

 

what we need to SEE is clear pictures of their returns for your CCA requests for both debts.

 

you can attach these as PDF's using the go advanced button below these msg boxes.

 

let US decide your next move NOT THEM nor YOU.

 

calm down.

 

 

they ARE NOT BAILIFFS just debt chasing monkeys with no powers.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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