New member big problems

[jimfishybob]

Ok. Firstly, don't panic. They are trying to bully you into paying up.

 

Secondly, DO NOT DISCUSS THIS FURTHER ON THE PHONE.

 

Thirdly, write to them tommorow,(Legal and Trade), under the consumer credit act using this template, (amend it to suit your circumstances):-

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. While I do acknowledge a debt to Bank of Scotland, recent events lead me to believe there may be charges levied on the account which contravene The Unfair Terms in Consumer Contract Regulations 1999. As such, the amount is now in dispute.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Further, under the circumstances, I am now formally requesting that all future correspondence be in writing only. If you continue to call your actions may constitute a criminal offence under section 127(2) of the Communications Act 2003 and your methods may prove contrary to section 40 of the Administration of Justice Act 1970. I will report such calls to the relevant authorities.

 

 

I look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Send it recorded delivery and keep copies of all correspondence from here on in, (including the recorded delivery slips you get). Also, remember to put a postal order/cheque in with the letter for £1.

 

We'll see what kind of response you get.

[jimfishybob]

P.S. Don't worry about court proceedings. If they are stoopid enough to take it to court they will have to show why they refused a perfectly reasonable offer of payment, (they know this and they also know that in doing so they would be unlikely to get the result they want. This is likely the reason why it hasn't gone to court yet). There is another approach to this if you are still paying interest but we'll take it one step at a time.

[jimfishybob]

No, If your original loan was with Bank of Scotland then you should only acknowledge the debt to them.

[jimfishybob]

It should do the job, I would ask that they remove your phone number from their records so as to ensure they are complying with your request.

[jimfishybob]

Absolutely.

[jimfishybob]

Sorry. Messed up me post.

[jimfishybob]

I am drunk, (and I lost money at my poker night), so bear with me.

 

Make sure you log all the dates and times of calls, this will help if you eventually have to go before a judge.

 

It would seem that they are pushing their luck and hoping you'll crack. You won't, you have done nothing wrong, up to press.

 

What date did they recieve the letter? It's possible it won't have filtered through to the relevant departments yet. We'll have to give them time to distribute your request. If after 10 days, (sounds like a reasonable time to me), you are still recieving calls a complaint to Trading Standards is in order.

 

Stick with doing what you are doing for now. If you recieve any written correspondence from them then let us know.

 

The alternative is to invite them to sue you, but this is possibly a discussion for another time.

[jimfishybob]

Dear Mr. Bank of Scotland,

 

Please find enclosed copies of correspondence between myself and (whoever you sent the letters to), all of which were sent recorded delivery.

Despite my written request that all future communication be in writing, the agency representing you repeatedly flouts their obligations and continues to call in a misleading and unclear manner.

Since sending my request dated xxxxx I have recieved no fewer than xx phone calls, (the times, dates and outcomes of which are listed seperately for your convenience).

As you are no doubt aware, OFT guidelines state that you are responsible for the behaviour and actions of any agencies representing you in the pursuit of debt collection.

Please accept this letter as final notice that any further calls will be both ignored and subsequently reported to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading, and OFCOM.

To clarify, I will not discuss this matter further on the telephone. However, such calls WILL trigger complaints to the relevant statutory bodies.

I trust I have made myself clear on this matter and you will inform your representatives of the same. Should you be in any doubt as to your obligations I recommend consultation with your legal counsel.

 

Yours faithfully.

 

balh blah blah....

 

Only send this if you are prepared to follow up on the threats or else you will put yourself in a much weaker position.

[jimfishybob]

At this point, I would complain to the people who you said you would complian to.

[jimfishybob]

There is no statutory requirement to provide a 'deed of assignment', in fact, technically, no such document exists. The request is for a DCA to prove they are the legal owners of the debt, by whatever means.

 

In actual fact, a default notice would qualify as a deed of assignment as it must state that the account is being sold and to whom.

 

In your case it's not neccessary as we can safely assume BOS still own the debt and the DCA's are merely collecting on their behalf.

[jimfishybob]

Yes, if that's your intention.

 

That said, section 78 of the CCA does stipulate that a statement of account should be provided on request. This should include a transactions and charges breakdown, however, as you are finding, getting companies to abide by the CCA is a difficult enough task.

[jimfishybob]

P.S. I am suspicious about legalmicks' intentions.

 

This is just my opinion and I hope to be proved wrong but his current advice, (on this and other threads), seems to be contrary to mine and others experience.