Halifax/BOS loan sold to Akinika/Iqor. CCA return ..

[camillamagnum]

Hello,

 

I requested a CCA from BOS

 

 

they sent me a tick box letter in return (which is obviously standard).

 

 

The box they had ticked was one which said "Please find enclosed a copy of the executed agreement with Terms and Conditions.

This provides the information you require."

 

 

I thought a CCA request entailed more than that and wonder why they didnt tick the box for example which said:

"Please find enclosed a copy of the executed agreement with Terms and conditions.

A statement of the account will follow shortly."

 

 

I thought they needed to also add a statement and default notice too (as I defaulted years ago on this account)?

 

 

I'm adding in the docs they sent and dont think they comply with CCA so stopped paying them last month.

 

 

Now they are asking why - as in their view they have fully complied.....

 

Would anyone please have a look at what they sent?

 

 

Thanks for any help with this.

 

 

Do I accept their position as having satisfied my request?

 

 

Confused.

[dx100uk]

why did you send the CCA request?

 

 

are you behind

tell us the story

 

 

dx

[camillamagnum]

I took the loan out in 2006 for £10k.

 

 

In the recession, due to personal and financial circumstances,

I defaulted and since then have agreed £1 token payments due to my circumstances.

 

 

Stepchange helped me prepare an income and expenditure for all my debts and I make the payment monthly.

I am not on a debt repayment plan.

 

 

CAB wrote to request they write off the debt but they did not reply to their letter.

I currently owe approx £6,800.

 

 

BOS sold the debt to Akinika/Iqor.

 

 

This year I started sending out CCA requests to my creditors and found that many of them no longer have the original agreements

and therefore they have written off the debts.

 

 

Some of the debts are currently in dispute - this being one

- although I have not officially written to say so but did stop the payment upon receipt of what looked like an inadequate response (as previously attached).

 

 

I wrote to BOS to request the CCA on 13 July and received the attached response 18th August.

 

 

On 25 August I requested a SAR.

 

 

I am worried that maybe I should not have stopped the payment

but felt sure from their response that they had not fulfilled my request.

[dx100uk]

CCa should have gone to the debts owner not the OC.

 

 

so they have your card and this loan now.

 

 

as the loan was from 2000

they might have complied with section 77/8

but its not a true copy' of your signed agreement

so court is out the window.

 

 

so have you sent a CCA request to the debt owner?

 

 

dx

[camillamagnum]

Thanks for your reply dx.

 

Sorry, my error, I sent CCA to Akinika....but received response directly from Halifax/BOS. The loan was taken out in 2006.

[dx100uk]

jan 2006 then

 

 

rules didn't change till apr 2007

 

 

dx

[camillamagnum]

The most recent correspondence was from BOS (Akinika have not replied at all to CCA).

The debt seems to have been passed back to them as Akinika have not responded at all.

This was sent to me on 5th September.

 

 

They say:

 

"As we haven't been able to agree a suitable repayment we've transferred your BOS personal loan account to a Debt Collection Agent, Westcot Credit Services.

 

 

We've instructed Westcot Credit Services to arrange collection of the outstanding amount.

Please contact Westcot Credit Services Ltd as soon as possible to pay back the outstanding balance."

 

Well BOS did agree a suitable repayment with me for years (of £1) which Akinika were happy to accept.

Seems one missed payment, following a CCA request and SAR request, has triggered a massive reaction.

 

 

Any ideas what I should do re Westcot when they contact me?

[dx100uk]

Until/unless an enforceable and signed agreement appears

You ignore them

 

A dca is not a bailiff

 

DX

[dx100uk]

Was this an on line sign up?

 

Where did you take the loan out?

 

Dx

[camillamagnum]

Honestly, I cannot remember that far back as to how and where I took the loan out.

 

 

I think I shall write an 'Account in Dispute' letter to Westcot when they contact me and wait for SAR.

 

 

Incidentally, I did sign the doc I posted up here (but blanked it out for security reasons).

 

 

dont really know if they could argue that what they've sent constitutes a 'true' copy

but maybe what they've sent could be ok for reconstituted agreement?

 

 

How did the law change post 2007 re agreements? I'm not at all clear on that?

 

Thank you.

[dx100uk]

ok so its prob a copy of the org agreement you signed.

 

 

what T&C's did you get with it?

 

 

can you poss put everything you got for the CCA return into ONE multipage word doc

then file save as .pdf

 

 

and pop that up.

 

 

dx

[camillamagnum]

Thanks for your reply. I posted up exactly what they sent me.

 

It consisted of 2 pages:

 

A tick box letter. Plus the 2 pages of the 'agreement' photocopied on both sides of one page.

 

I assume they think the terms and conditions are included on the 'agreement'?

[dx100uk]

T&c's are normally 8_10 pages

[camillamagnum]

oh I see. well then they definitely haven't complied have they?

[camillamagnum]

Hello,

 

I have just received a letter from Westcot who now own the above account.

 

 

They say they have contacted BOS,

having received my notice of dispute,

who have advised that they supplied a copy of the agreement

complying with section 77/78 which contains all the terms,

and states the name and addresses of the parties and all original terms and conditions.

 

 

They acknowledge that the agreement provided does not show the signatures of the parties

as this is specifically excluded by reg 3 (2) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

 

They believe therefore that the dispute has now been resolved.

In the event that I believe I still have a valid dispute,

I must contact them before 16 November.

 

Do you think I should reply that the material provided does NOT contain all the terms and conditions

? And contend also that it is not fully legible?

[dx100uk]

as post 8

[camillamagnum]

Ignore them. I suppose they will then threaten court and stress me out....

[dx100uk]

the debt appears to still be with HBOS

so its very safe to ignore any DCA

they do not own the debt

only the owner can take you to court

 

 

I suspect HBOS will sell the debt next..

 

 

dx

[camillamagnum]

Thank you.

 

 

Can they sell it if it's in dispute?

 

 

I suppose they consider it's no longer in dispute if I don't reply in the given timeframe.

 

 

I do wonder whether HBOS even looked at what they sent because they say there's no signatures on it

but there clearly are - that's not the issue here, the signatures.

[dx100uk]

yes they can and I bet will

 

 

dx