satisfying copy requirements, so do you find out if the agreement is enforceable?

[bettyboo30]

I have recently received SAR and S77 and although they are adhering to the copy requirements of the act, sending a re-constituted agreement, they are not providing a true original copy of my agreement and are treating it as enforceable as it has my signature.

 

I presume then, court action will be the only way of finding out whether or not the agreement is enforceable? Or is there anyone that could look at the pages I have and advise me on enforceability?

 

I have been in contact with CCA and they advised bankruptcy as I have little more than token payments to offer each month. I've offered f&f four times, but each time, they've been refused.

 

The account is still with their in-house debt collectors but due to the change in their satisfying the copy requirements, I'm trying to decide whether or not I should do nothing and wait for court action.

 

Can anyone offer any advice?

[dx100uk]

who is this and who is the OC?

 

dx

[bettyboo30]

hi dx, it's the bank of scotland, I'm not familiar with the term oc?

[dx100uk]

OC original creditor.

 

we really need a bit more history about this and what you have done?

 

is this card/over draft. or what.

 

dx

[bettyboo30]

Thank you and I hope this helps

 

The oc is the Bank of Scotland for a credit card taken out around the end of 2006 online and for a student overdraft. The account is now with Albion, who I believe are in house debt collectors.

 

I fell into financial trouble and a claims management company said it was more than likely I had an unfair ca. I couldn’t afford the upfront fee and so I spoke to CCCS who advised me to apply for bankruptcy (something I hope to avoid), I passed this information onto BOS and offered a F&F settlement on 4 occasions from money left over from the sale of the house but was told unless I had a terminal illness, they would not accept any reduced offer.

 

 

I have continued to make token payments and extra if available. I have received a valid default notice but the account does not seem to have been passed on yet.

 

After finding this brilliant website, I requested a SAR and then S78 and received a re-constituted agreement, (2 pages of the original and a set of current T&C’s) as per the copy requirements. The letter also stated I had signed the agreement and was enforceable, as the T&C’s would have been provided to me at the time.

[dx100uk]

scan your sheets/agreement

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

 

sadly as is the case with all of these reclaim co's what they say is cack and you can do it yourself for next to nowt.

 

CCCS.....utter cack also. BC should be avoided at ALL costs.

 

again sadly this is not the first time i've seen then give very bad advice.

 

keep doing what you are with token payments for the mentime

 

lets get our duck in order before we get these moneys off your back.

 

NO JUDGE will EVER make you pay more than what you can afford if it EVER got to court, so's TBH i'd not worry about these debts for now.

 

i hope you are not paying wages etc into the same A/C?

 

if you are open another A/C NOT within the same group and get your wages transfered there out of off-setting rules reach or else you're in for a nasty shock

 

 

get the scanning done and lets look see.

 

dx