Bank of Scotland & Blair Oliver & Scott - now SCM Court Claim - help!!

[AndyOrch]

Quick update

Letter received today Defence acknowledged by CCBC, a copy is being served on the claimant who will have 28days after receipt to respond.

 

 

If they fail to respond within the 28 days the claim will be stayed ...if they do respond you will receive a Directions Questionnair which must be submitted by the date stated.This allocates the claim to its track and transferes the claim to your Local County Court.

 

Regards

 

Andy

[jillee55]

Thanks Andyorch

Is it worth sending another follow up letter to the incomplete DSAR stating that if they do not have the documents I have requested several times then could they please state this in writing reply in writing within 7 days, rather than verbal i.e. the DN ect. they did ring and tell me verbally they have not got it and are not obliged to keep it on file, but I have done a lot of reading around the CCA 1974 guidance notes ect.

Edited October 14, 2013 by jillee55

[AndyOrch]

Creditors are not oblighed to retain a hard copy of the DN as long as they can provide its issuance.

[jillee55]

Hi Andyorch

then should I ask that they confirm that they do not have DN or evidence of DN being issued in writing within 7 days. if they have omitted to inform me then they have breached their duty to supply the information under CCA 1974, s77/79 and s97

Edited October 14, 2013 by jillee55

[AndyOrch]

What purpose would that serve jillee ? Why forewarn them ? s97 has nothing to do with the issuing of a DN or retaining one its with regards to supplying a copy of your agreement /T&Cs/and snapshot summary.

[jillee55]

Sorry Andyorh

I have so much info stored I am getting confused, what I really meant was if they know they do not have the DN on file then they should confirm this in writing otherwise it is a breach/domestic infringement (Enterprise Act 2002) according to OFT.

[jillee55]

Sorry Andyorch

Afraid its a case of information overload and getting it mixed up, what I really meant is if they can not provide the information I requested on DSAR should they not have put that in writing, would it be an omission of the truth if it is in their POC?

[AndyOrch]

Particulars of claim:-

 

The Claimants claim is for £7989 presently due pursuant to a credit agreement entered into by the parties,

full particulars of which have been supplied hitherto.

 

By an agreement dated 21/02/2003 the Defendant has an account number ------------ ! with the claimant.

 

The defendant has failed or delayed to adhere to the terms of the Default Notice

issued by the claimant under the terms and conditions of CCA 1974.

 

the balance due as at 05/09/2013 on said account is -----

 

 

Im not sure what you mean jillee by " would it be an omission of the truth if it is in their POC " DSAR,s have absolutely nothing to do with their claim.

[jillee55]

Thanks Andyorch

("Default notice issued" in POC) they will need to provide proof of DN, I have been asking for details of DN since June but have been told verbally they have no details to give me, (I found N.O.D date only) on one of the DSAR screenshot statements but can't find any reference to letters issued around that date unless I am missing something that's specially coded.

FEAR OF BEING CAUGHT IN SPIDERS WEB

Should I seek some advice from local CAB? maybe they could have a look at the paperwork for me and I can stop battering you with my silly questions.

I have ordered P. Pearls book.

Edited October 14, 2013 by jillee55

[AndyOrch]

Thanks Andyorch

("Default notice issued" in POC) they will need to provide proof of DN,Maybe ...maybe not a long as they can show form their records one was issued that will be accepted by the court I have been asking for details of DN since June but have been told verbally they have no details to give me,They cant they dont retain a hard copy only the issue date (I found N.O.D date only) on one of the DSAR screenshot statements but can't find any reference to letters issued around that date unless I am missing something that's specially coded.Thats all they need ..it wont state DN issued date

FEAR OF BEING CAUGHT IN SPIDERS WEB

Should I seek some advice from local CAB? Your choice but they are usually out of their depth re Legal maybe they could have a look at the paperwork for me and I can stop battering you with my silly questions.

I have ordered P. Pearls book.

 

jillee unless you can find your copy of the actual DN which could contain errors...then forget Default Notices.Your defence has been submitted so you stand by that now and wait for a response......we can also cast spiders webs to catch them but you must allow the process to unfold.

 

Regards

 

Andy

[jillee55]

Thanks Andy

I will try and be patient, see what happens, who knows they might offer me a much reduced settlement figure.

Thanks again.

[jillee55]

Hi there

had no contact yet, 21days to go for their reply to my defence.

[AndyOrch]

Dont wait by the door jillee:-)

[jillee55]

Hi All

Letter received today from solicitor in response to my defence,

I can post a copy, would anyone be willing to help me with my response,

 

they have offered me a settlement figure 70% of the total claim,

they are adamant that the agreement started on 21st

but in the T & C's It states it does not become binding until the later signature, (petty I know)

 

but it is their T & C's and I signed day after,

it was done by courier, who waited at the door for me to sign,

 

no cooling off period in T & C's

 

I am happy to settle out of court but can not afford the 70% at present.

 

I truly never received a default notice but they say they do not need to prove that it was posted it being on my account is proof?

 

the date of issue is when I was with Payplan which is probably why I did not receive it.

 

P.S. their letter refers to Lloyds TSB Bank Plc v Yourself?

the claim is Bank of Scotland V myself ?

Edited October 29, 2013 by jillee55

[AndyOrch]

If you could either scan in or type verbatim (less any identifiable data) jillee it would make more sense

[jillee55]

Thanks Andyorch

I will scan copies of claim form, my defence and todays letter.

[jillee55]

:-)Ok copies attached, hope these are helpful, I did post copy of agreement in earlier post, T&C's clause 1 refers to agreement start date (post 26). hope there are no spy's

Cheers Andyorch

[AndyOrch]

Thank you jillee...

 

It was the letter of today that I required......and as assumed they have offered a Consent.......taking everything into account that we have discussed and the strength of your defence jillee thats quite a result and I would advise you to accept and finalise the Consent Order.

 

You want it spread over an affordable period...both parties to bear their own costs in the claim...any revue of payment subject to 12mths revue ..but dont raise that unless they do.

 

This way you avoid a CCJ/Costs and puts the matter back to pre litigation.

 

Regards

 

Andy

[jillee55]

Thanks Andyorch

could you advise on the wording of the consent letter and do you think they may negotiate on the amount, I retire in 2yrs time and would like this out of the way by then plus I can pay 30% now, and I may be able to raise 40% to avoid monthly payments. (this is how the whole thing started, I was trying to organise and clear all debts ready for my retirement and they started being awkward when I requested SAR).

[AndyOrch]

The Claimant drafts the Consent Order or they may refer to it as a Tomlin Order....once both parties are agreed then it is sealed by the court and stays litigation (unless you default on the agreed schedule).

They have stated that they are prepared to accept monthly affordable payments but you can do part and part whatever suits you.This is in full and final settlement of the debt.

 

The important points of a Consent Order is the schedule and the wording of it so to kick it off let them know you would be interested in settling this by Consent Order/Tomlin Order subject to the terms of the schedule and that there be no costs...expand that you may be prepared to offer 30% first payment followed by either another lump payment or monthly payment on the balance.

 

Start negotiating ...........

 

Regards

 

Andy

[jillee55]

Do I ring SCM or write to them to negotiate?

[AndyOrch]

Its a process that the claimant uses to settle a claim without any further court intervention...as already stated it halts the claim...if you stick to the deal no CCJ.

[jillee55]

Hi All

Confused,

 

just received a letter from BOS regarding above agreement,

stating legal expenses of £190 have been added to the account

I am now confused because this is also the amount added on the court claim.

 

I had spoken to SCM earlier today,

they are non-negotiable and it is not a consent order (CPR part 36),

they said it does not need to go through the court,

they will correct their obvious mistakes and re-issue the offer letter,

 

how can I trust SCM and BOS to do what they say when they have been so incompetent with minor details,

(example wrong date for credit agreement on PO and the offer letter stating claim was Lloyds when it is BOS ect.

lots of minor errors)

 

Plus if this claim does go to court should it have done so when the agreement was in dispute.

Edited October 31, 2013 by jillee55

[AndyOrch]

Lets wait until you receive their Pt 36 offer letter...then review were you are at jillee.

 

Regards

 

Andy

[jillee55]

But SCM said this morning it is not a part 36 offer, it is just an out of court settlement offer.