Mike220359 v Blair Oliver & Scott **I won**

[andrew1]

Actually, I agree with both you two. I came onto CAG a year ago. I too had the mindset that our bills need addressing. I had run businesses since 1980 and rarely, if ever did I owe anyone anything other than my mortgage. I rocketed up to a six figure salary by 1990 and had a very healthy business, banks bending over backwards to find ways of giving me more money to develop my business, credit cards to control my spending records, insurances, loans of all kinds. Fortunately I didn't take most of them up because I didn't need it but when things started to go wrong they ran like mice into the woodwork, bought out the big guns, set the men with dogs and dark glasses on me and for over 3 years made my life complete hell - and I am still paying for it. I spent a full 2 years in deep depression whilst DCA's were hounding me and my family. Insurances I had didn't cover my 'illness' because my doctor said I was not a 'manic depressive' 2 years locked up in my garage and not speaking or writing to anyone even my family not manic? Blair Oliver and their mates trounced on me as did wescot Cabot, GPB Capquest and numerous others ALL in the name of Banks.

 

Believe me, when you see, like Rhia and Willowb says, normal, decent, everyday law abiding people trying to get over hard times or pure deceipt by the institutions on this forum and combine it with your own experiences it is little wonder nobody has any respect for what were trusted and seen as respectable businesses.

 

Take no comfort from feeling bad about this situation, these people treat you as a number, a commodity and a means to a fat bonus - they ( not the general staff who just do their jobs like you and me) couldn't give a damn about YOU - all they think about is profit pure, simple, blatant PROFIT at whatever cost in human suffering. Be as cold as they are then you might start to think like them and understand their game. Hold your head up high my friend, tis they who should hang theirs in shame.

[andrew1]

Thanx xx

[Guest willowb]

 

Wxxx take care.

[Mike220359]

Totally agree and thank you for your kind thoughts and posts, but there is more to come, this has not stopped yet.

 

Mike

[kennyparkroad]

hi Mike, hope all goes, well i sent a CCA to THE AA LOANS and BLAIR OLIVER AND SCOTT back in December! - both of them have committed a criminal offence (12 days plus calender month)

 

i havent had 1 call or letter or anything off of them, im cautiously waiting to see what happens, of course i was too let to stop my payment going out, they will find out start of April when they dont get their money, i think thats when the fun will start!

 

PS havent send them the non compliance form yet, do you think i should send them it? if so where is it! lol

[andrew1]

As Blair Oliver & Scott (BOS!)are officially solicitors you'll get an incredible feeling of satisfaction informing them they have committed a CRIMINAL OFFENCE. I did it to Geofrey Parker Bourne it was a moment to cherrish!

[kennyparkroad]

i already sent them the following letter, the start of feb (after my first letter in December)

 

Dear Sir/Madam

 

Before I continue I wish to establish that I am not seeking to avoid responsibility for any alleged debt or breach of any alleged agreement that I may have or have had.

I wrote to you on the xxx December 2006 requesting a copy of the executed agreement under the Consumer Credit Act (1974). I also asked for a statement of account. A copy of that letter is attached for ease of reference.

I also requested an executed deed of assignment documenting your involvement; this too has not been supplied.

Accordingly, it is my consideration that you have been unable to supply an agreement because no such agreement exists.

Consequently I am unable to acknowledge any debt to your company

 

Your non-compliance with my request means that your company has committed an offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale.

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and is therefore a complete defence to any court claim that is issued.

Please take note that any legal action you may contemplate will be vigorously defended and contested.

Furthermore your actions arguably do not comply with the Office of Fair Trading (OFT) Debt Collection Guidelines of July 2003, in that you have ‘communicated with [me] in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide [me] with information on the status of debts’.

 

Notwithstanding the above I believe that your operatives have sought to contact me on a number of occasions, I would imagine regarding your Company’s viewpoint on the above now disputed agreement.

I now consider that considering your failures as mentioned above, any telephone calls from you constitute harassment and so from this date any further calls to me will be reported to the Police.

In addition you are in breach of the OFT’s July 2003 guidelines in that you are wrongly pursing [me] contrary to Section 2.8(i).

 

Another worrying facet of this whole case is the unlawful dissemination of my data by your company to a third party. Under the Data Protection Act (1988) I have principled rights in that:

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully.

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary “for the performance of a contract to which the data subject is a party.”

 

I have recently conducted an audit of my personal credit reports supplied by Experian and Equifax. Within both files, an entry referenced to the alleged debt is lodged.

This is recorded as “In Default”.

However, I note that files have been updated continually since then and I can only deduce that it is your firm updating my credit file without my consent or that your company is disseminating my information to a third party without my consent.

 

The fact that you have not provided me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974.

Incidentally, if the documentation were to be produced, you will be aware the default notice serves to cancel any original terms and conditions and as such cancels any right you or my creditor might have, implied or otherwise, to share my information without my consent.

I would then be looking to receive substantial compensation from your firm for this breach of my rights.

 

What I require

 

I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.

Ensure that all data held by you regarding me is fully destroyed.

Ensure that no further telephone calls are made to me, or my place of work.

Ensure that all correspondence is made in writing.

I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding me.

 

Failure to comply

• Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  
• Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  
• Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted.
  
• Continued telephone contact will generate a complaint for harassment to the police.
  
• If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.

I expect to hear from you within 12 working days from the date of this letter.

Failure to do so will be taken that you failed to comply with my request and I will consider the matter closed.

Any further action on your part or that of my alleged original creditor pursuant to your and/or their breaches of my statutory rights will be taken as a wilful act of harassment and each instance will be reported to the police.

Please note, I have also sent a copy of this letters to Centrica Finance.

Yours faithfully,

 

 

i sent that recorded delivery start of feb, have the proof (printed) that it was delievered, and ive had nothing off them since!

 

very very odd,

[Mike220359]

Nowt strange there believe me

 

Mike

[mamatemi1]

Have you checked your credit files to see if they have complied?

[kennyparkroad]

no i havent checked the files yet, worth doing maybe?

 

also its for a debt over 5k, not as if they are going to let it go!

[Mike220359]

Yep it is worth checking your credit file, its surprising what that leads to.

 

Mike

[pford]

just starting mine with these dogs all i can say what info i have gained from your post going to put to use.

 

plus alot more:D will let you all know later after the doc,s been dug up

[rinkydinkydoo]

Good For You, I Have Sent A Letter Requesting A Cca Off Blair Oliver Regarding My Halifax Card, But Still Have Not Had A Reply That Was Sent On The 28th February 2007. I Will Follow Your Post Carefully And The Letters You Sent I Will use If Need Be If You Dont Mind.

I Bet It Felt Great When You Got The All Clear That It Was Written Off, Regards,

Rinkydinkydood

[jetbags]

Hi Mike,

 

Firstly WELL DONE MATE !!

 

an inspiration to all that read the threads on here and who are fighting these vulchers.

I am currently battling with several of my own, one of which is really gonna get it ! if you know what i mean. I have made a formal complaint to the Police regarding Harassment, can you believe that a pc plod told me today that they are legally able to call me 40 times a day if they want to !!!

I dont think so sunshine, best you go back to law school !! it was only when i showed them a copy of the Protection from Harassment act that they changed their minds... what a world we live in !!

 

Anyway i digress, keep up the terriffic work and don't let them off the hook at all.

I will be watching this thread with interest forward from here.

 

Jetbags.

[ppauls150]

Sorry for sorta jumping on your thread but thought a link on your thread with regards to another similar claim i have had a small success with might help people a little more. Though mine just tells of a small success yours actually shows people how to go about doing it but will show that it can be done with perservenance

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/85122-success-against-bos-default.html

[miss muppet]

Hi Mike, congratulations, thrilled to bits by your victory. I have been telling my OH for ages that he should have had statements from BOS showing how much he has been paying, we will be going down the same route. Know exactly what you mean about being scared stiff, I was ill with cancer when I fell behind with c/cs from other companies and the harassment was awful but got my charges back and agreement without interest and get proper statements. I am going to go down the same route with my daughter as well because they have been hassling her for more money even tho she is in low paid work.Don't feel guilty, it is time us law abiding citizens got even with financial institutions who don't play fair!

[Mike220359]

bump

[Linzi]

Hi,

 

Just wondering if someone could take the time to explain this process to me?? I have an outstanding Loan and Credit Card debt (which was passed onto Blair, Oliver and Scott by the Halifax plc.) and was just basically wondering how I go about getting it written off??

 

Any help would be very much appretiated!!

[grenadier2]

Hi

ditto Linzi,

 

I have been hounded by Cabot, Blair Oliver Scott and Eurodebt forthe past 12 months and was wondering if I could do the same. Do I understand this correctly, the lender is supposed to sign the credit agreement as well as yourself when you take out the loan/credit card etc and the dca should be able to provide you with a copy, if not, they cannot enforce the debt?

 

any help appreciated, am new to this and have been ill with all the stress and harrassment from the dcas

[lemma1968]

I think this thread should be renamed the "Blair Rich Project":p

 

OK crummy joke I know, but just to lighten the mood a bit!!!

 

Thieving swines!

[pford]

not had one phone call of the gits for months now they have passed the alleged debt back the Halifax. So now just get threating letters of the Halifax now, but saying that not had one for 2 months

[Linzi]

Hi grenadier2,

 

Glad someone else is as blonde as me!

 

Yeah, I gather that they should hold a copy of the signed agreement and that if they cannot produce this, then as you say, the debt is unenforcable.

 

I just basically need a step-by-step of how to carry out this process, as I am sick of the constant phone calls wanting money off me! I have offered to make a small monthly payment but the phone calls still keep coming!

 

Any help with this would be VERY much appretiated!

[becky1982]

Hi 'i'm new on here and would welcome any advice ... i have 2 debt agencys after me for the same debt and a cuple after me for debts i dont even remember, i have sent them all letters requesting the credit agrements and one of them has wrote back and told me they have shut my account and past it back to a different agency! Now what do i do i have been paying this company for a while now!

 

Any advice is really welcome! Becky x:confused:

[gh2008]

Hi 'i'm new on here and would welcome any advice ... i have 2 debt agencys after me for the same debt and a cuple after me for debts i dont even remember, i have sent them all letters requesting the credit agrements and one of them has wrote back and told me they have shut my account and past it back to a different agency! Now what do i do i have been paying this company for a while now!

 

Any advice is really welcome! Becky x:confused:

 

Hi,

Well I'm new here as well, but i think I can point you in the right direction.

 

Firstly as they are now in default of your CCA requests (did you use the template on here or another good template), you are now within your rights to completely stop all payments to them.

 

Then the 'fun' will probably begin. Basically whist they are in default of your request they will not be able (even with Court action) to enforce the claim.

 

Have you looked at your credit file with the CRAs are there defaults against you? You really need this info as it will help you make your next decision.

 

You will probably find that the 2 DCAs are actually part of the same group - just another of their bullying tactics

 

Best thing to do is start your own thread/threads open the thread but giving the background & current problem(s) and then you will get 1-1 help with your situation.

 

gh

[tonofleather86]

Well done to you Mike, have had some problems with BL and C and am very tempted to go down the same route. Anyone know whether it would be worth doing the same for DLC (if anyone's ever heard of them?)