Cabot - AA Loan

[Angel Steele]

Firstly I am new here so hello to everyone

 

I found this Site some weeks ago after coming across this thread about someone who had taken on Blair Oliver and Scott and won. I can't post the link on here as I am a new member, but as I am currently dealing with Blair Oliver and Scott thought I would post my story here.

 

 

I took out a loan with the AA in February 2008. Up until April 2010 I was paying £196.10 every month. Unfortunately I was made redundant in 2009 but had managed to repay this loan until April when things became very difficult. I saw someone at the CAB and they suggested I contact the AA, advise them of my current financial position and suggest I make a nominal payment until such time as I was able to make the full payment again.

 

This I did and agreed to pay £25 per month. No formal agreement was entered into and I made the payment online via my bank.

 

I received a letter from the AA in August 2011 informing me they were issuing me with a Default Notice. I then had a letter from Blair Oliver and Scott dated 3 October informing me my debt had been passed to them. I've been in touch with them and agreed to pay £25 a month which I am doing.

 

I know that they are in fact the Royal Bank of Scotland (who I assume the AA finance are part of too) and I am well aware of their tactics. When I've been in touch with them they come across as totally unprofessional and have no idea what they are doing. I was kept on the phone for over 30 minutes by someone who was doing a financial statement with me. I actually complained to her Line Manager about this and at least he had the good grace to offer me £15 for the phone call.

 

I also know that they do not send out a statement of how much you have paid, in any event I am keeping a statement myself.

 

My question to the knowledgeable people on this Forum is this -

 

The AA did quote the Agreement Number on their letter of 11 August so I assume they would have passed this over to BOS? Is the fact that they passed it over to their "debt collector" legal?

 

Any advice would be gratefully received

[ims21]

Hi and welcome

 

Companies can farm out their debt collection activity pretty much willy nilly so no illegalities there I think.

 

If Blair Oliver are only collecting on behalf of the AA you can drop them from the loop and revert to paying the OC direct. This will ensure that all payments actually go to the account.

 

You may have charges on the account that you can claim back as well. Also any mis-sold PPI?

 

ims

[Angel Steele]

Thanks for your reply IMS, the amount I was paying each month had £50 or thereabouts of interest added on so that was included in the total amount. The amount outstanding is just under £9000. I wonder whether I can get this interest removed?

 

I didn't buy any PPI fortunately

 

I don't deal with the AA at all now, only BOS who refer to my loan as being with the Royal Bank of Scotland!

[BRIGADIER2JCS]

HI please note BOS is the inhouse recoveries of

Bank of Scotland now HBOS not RBS.????

[Angel Steele]

Thanks, but yes I know that Blair Oliver and Scott are the in-house part of HBOS.

 

If I put RBS above it was by mistake....too many companies involved here!

[BRIGADIER2JCS]

I mention it as someone I am helping sent

a bundle of docs to the wrong bank:madgrin:

[Angel Steele]

Ah I see. Well thanks for mentioning.

 

Do you have any advice re my query

[dx100uk]

urm how big was this loan?

 

dx

[BRIGADIER2JCS]

Just had a quick look are BOS just assigned

to collect or has the debt been sold on??

Have you requested a copy of the agreement??

[Angel Steele]

It was taken out in February 2008.

 

Original amount £13,000. Interest on loan was £1,700. Total in all was £14,707.

 

86 monthly payments of £196.10.

 

Interest applied each month was £60ish at first and then at 02.02.10 it was £58 a month.

[Angel Steele]

Brigadier,

 

I had a letter from AA Finance on 11 August 2011 informing me of service of Default Notice.

 

No further correspondence until 3 October 2011 which was a letter from BOS informing me they were a debt collection agency instructed by Bank of Scotland and quoting my Account Number. They asked for the full amount in this letter at which point I rang them and told them to stop being so ridiculous, did they think I had £9,641 spare?

 

I need to get a statement from the AA as the amount outstanding differs from what BOS say is outstanding.

 

I have not requested a copy of the Agreement because they have my account number which is the loan account number so I assumed they have all the information?

 

Am I correct in this assumption or should I write to request a copy?

 

I did write to them (BOS) in the past to complain about their contact means, and to set out what I was proposing, but when speaking to them by phone at a later date, they had no record of ever receiving my letter. They seem pretty hopeless to be honest.

[BRIGADIER2JCS]

I would send the CCA request to BOS asnap

see template i Cag library green button top

left on this page cost is £1 send a PO marked

for statutory fee, the have 12 + 2 days to reply.

[Angel Steele]

I've just been looking through my correspondence and it appears that the AA contacted me on 18 November issuing me with a Notice of Arrears as at 4 November 2011.

 

Would anyone know why they have been in touch when BOS are "supposed" to be dealing with this loan now?

 

I have a copy of the Credit Agreement that I was sent when I took out the Loan with the AA.....I'm not sure why I would be asking Blair Oliver and Scott to supply me with a copy?

[BRIGADIER2JCS]

It is any easy assumption these days that

individuals rarely keep documents once credit

is in place.

BOS are ''agents'' for the AA in this so the statement

of arrears has been sent direct by the original creditor.

[Angel Steele]

Well I do have a copy of the Credit Agreement and always keep correspondence

 

I am still confused as to why I should be asking Blair Oliver for it?

[BRIGADIER2JCS]

I was unaware from your posts that

ypu did not have it!

[Angel Steele]

I mentioned in my post at 17.31 that I do have a copy. Oh dear I am so confused now

[BRIGADIER2JCS]

confuse it not always easy to read every single post

the CCA request is no longer relevant.

[Angel Steele]

Sorry but you say "confuse it not always easy to read every post..... "

 

So now I have established that I do not need to ask Blair Oliver for this copy Credit Agreement....

 

However can someone please advise why you would need a copy from the "debt collectors" in the first place?

[Stigman]

 

I've been in touch with them and agreed to pay £25 a month which I am doing.

 

I was kept on the phone for over 30 minutes by someone who was doing a financial statement with me.

 

 

If you are paying them via Direct Debt or a Debit/Credit Card, stop & cancel the Direct Debit and if by card, cancel the cards with your card issuer and request new ones, DCA's have been known to raid acounts, you will need to set up a Standing Order, you can request their banking details.

 

You are under no obligation to provide any DCA with your personal financial details, the person on the other end has as much financial knowledge as my dog does!

All they will do is manipulate the figures and then put pressure on you to pay more than you can comfortably afford.

 

As you were made redundant, if your claiming benefits, you can drop the monthly payment to £1 PCM until your circumstances change in the future.

 

Best Wishes

 

Stigman

[Angel Steele]

Hi Stigman

 

Oddly enough I said I would pay £35 a month and the woman I was speaking to said "can't you pay any more, that is going to take ages to pay that off"....

 

I said no. I paid one £35 in October and since November I am paying £25 a month. I have a letter from them confirming this.

 

They take it out of my bank account each month. I did suggest paying by Direct Debit but they said they can just take the amount out.

 

In view of what you have said I will go into my bank and speak to them about a new card. I will also contact Blair Oliver to request I pay by Standing Order from now on.

 

I was made redundant a year ago but have worked since, but am still in a financial quagmire from being out of work for a period of time.

 

Thanks for your assistance.

[BRIGADIER2JCS]

The principle is that you ask the DCA for the copy

of the agreement, if they or the original creditor

cannot provide a copy, Irrespective of the fact that

you have one, as if they cannot provide

the document OR an acceptable reconsitution of the

agreement, said agreement cannot be enforced in court.

[Angel Steele]

I see. Well thanks for that

[Angel Steele]

More advice needed please

 

I have obtained a copy of the Loan Agreement from Blair Oliver and Scott, well in fact it came direct from the AA only proving that Bank of Scotland and Blair Oliver are the same.

 

I have just opened a letter received yesterday from the Halifax showing their address as Pitreavie Business Park, Dunfermline KY99 4BS. This letter encloses MY LETTER TO BLAIR OLIVER AND SCOTT DATED 15 January where I request a copy of the Credit Agreeement. It says that the Account Number I quote is not valid and they are therefore not able to provide me with the information.....yet it is the same account number that the AA and Blair Oliver quote!!! They also return my £1 postal order fee in the form of a cheque.

 

The plot thickens.

 

Anyone care to help me shed light on this.

 

If this is confusing here's what's happened - in brief

 

15.01.2012 Sent formal letter to Blair Oliver Scott requesting copy of Loan Agreement.

 

23.01.2011 Received copy of Agreement direct from AA in Chester.

 

28.01.2012 Received letter from Halifax Card Services in Fife refunding £1 fee stating they cannot provide me with the information I request because I have not quoted a valid account number. The account number I quoted is the number on the Loan Agreement - I have checked and double checked. It also also the same number that Blair Oliver and the AA quote.

 

H E L P

[dx100uk]

as a side issue

does this debt show on your cra file?

 

dx