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attempting to remedy my BOS CC Mess


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Hi

 

Require start point or direction on how to resolve this issue.

 

Had BOS credit Card, defaulted, account sold to DCA, DCA obtained a CCJ as per recent Experian report.

 

The account is full of charges and PPI charges.

 

I would like to get judgement set aside and defend myself and reclaim all charges incurred

 

Regards in advance

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I've moved your thread to the BOS forum as you had posted in the RBS forum.

 

Your best bet is to leave the judgment for the moment and set about claiming charges. If you can show that the charges are unfair and that they are recoverable, this will give you much stringer grounds for setting aside the judgment.

 

You need to start outlining the position concerning your account and its charges.

If your position is clear enough then it may be worth applying to setaside the judgment directly on that basis

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SAR posted recorded delivery. Next question until I receive the SAR

 

BOS have a default marker with experian which is seven plus year old, does this marker come under statue barred even though Bryan carter have ccj the account

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  • 1 month later...

Update: SAR received.

 

  • CRA showing default which is now SB
  • CRA showing ccj, which has been split and only covers the legal fees, main amount has not been claimed
  • Application form clearly states no PPI required with a big cross on form
  • Cover letter confirms PPI charges incurred
  • Statements show CC charges
  • RBS will not supply statements which confirm PPI figuresor CC charges for years 04/05

With all of the above in mind, what is the best course of action to clear cra files and reclaim charges

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if the default is more than 6yrs old it should have fallen off, ask the cra why its not happened.

 

sorry! you say the ccj is only for legal costs?

 

as for the earlier statements, they are quite correct that they dont have to supply them

if they have been destroyed

You must put them to strict proof that the records do not exist ifthey state they do not. This means you must insist they produce evidence ofdestruction of the documents certified by a registered data controller withintheir organisation as is required under the Civil Evidence Act 1995. This actsrequires banks and other institutions to keep auditable records ondocumentation they hold and includes certification of destruction.

as for reclaiming .

 

see my sig below

 

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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I'm not around much today - so bear with me.

 

You say that they will not supply certain data? Is that what they actually say - the Will not?

 

Do I gather that you have a CCJ in for costs only on an unrepaid debt . Is that right? Did they not also sue for the debt?

 

Have you got enough evidence that the PPI is equal to or is greater than the debt?

How much are the charges?

How come they sued for legal fees?

What is the value of the whole problem anyway?

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The DFN amount £1058

 

The CCJ and warrent of excution amount £243.00, B C.a.r.t.e.r legal fees, on claim form "we reserve the the right to additionally claim for outstanding balance of £1058 at a later date". is this a split claim?

 

The PPI and CC Charges will not show on the enclosed statements as it is over six years old or we are unable to obtain them from our system.

 

The statements supplied have no info as the account was closed/inactive, however I do have a number of the original statements when the account was active,

 

The totals are based on 8% for PPI and CC charges £523.18, this amount would increase if I used the sempra 24.9% for CCC

 

I was also being charged PPI and late fees each month I missed a payment, wouldnt the ppi cover the min payment thus remove late fee payment.

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Please correct if I am mistaken.

 

Lodge complaint/dispute with CRAs regarding over six year marker

Start the reclaim process for PPI and CC charges

 

I would like to try at get the ccj set aside but would need a good reason, does anything I have mentioned be a good enough reason for a set aside.

 

Regards in advance

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You should lodge the notice of dispute with the CRA on the basis that the debt is in dispute but also on the basis that it has been logged with them for more than 6 years.

However, it won't make a lot of difference.

 

You can ask for the setaside if you have a good chance of defending at trial.

If you can show that the debt is made up of PPI and charges then that will be fine.

 

If you have the application for which clearly shows no PPI required then you have a very good case for misselling.

 

How much is the alleged debt and what is the value of the charges and of the PPI?

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  • 1 month later...

Update,

 

just had confirmation my RBS default marker has been removed, over six years. and about to post off PPI claim letter.

 

Q, I was charged late fees and PPI , both amounts were combined into a monthly charge, can I reclaim all charges as part of my PPI reclaim or are the late fees a separate claim

 

Regards

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sep claims

 

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... 

Link to post
Share on other sites

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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Share on other sites

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