In need of major help, what do i do next?

[smartmartian10]

The last muppet at Blair Oliver Scott I spoke to admitted to me that they worked for the Halifax - "thats what is on my payslip each month" were her words. Though only because I refused to do security with her as the security was between Halifax and me!!!!

[kennyparkroad]

so can they trade or not?

 

as they are listed with companies house as non trading.

[kennyparkroad]

does anyone know if they are NON TRADING as company house suggests? if they are, there in trouble!

[smartmartian10]

I had previously sent harrassment letter to Halifax.

 

So after my conversation with BOS sent them a copy and told them I didn't care what banner or flag of convenience they choose to hide behind all communication in writing. They haven't called since.

 

I just google searched Blair Oliver Scott and found this - they appear to be in house solicitors for Bank of Scotland

 

Linked Banks and Creditors | Payplan

 

SAYNOTO0870.COM - Blair, oliver and scott limited

[kennyparkroad]

so they are able to trade then?

 

if they are in house solicitors, are they allowed to collect payments?

[PriorityOne]

Hi Kenny,

 

If Blair, Oliver & Scott are an in-house DCA...owned by the original creditor, then they are able to share their license to process data, providing they are not a limited company. I assume that the same rules apply for an in-house legal team as well.

 

If a DCA is not owed by the original creditor however, then they would need a separate licence of their own.

 

I will re-read this thread when I get in from work though.... as I am replying on the sneak.... and will have to log off in a minute !

[kennyparkroad]

Thanks PO.

 

Look forward to your response later

[PriorityOne]

Hi Kenny,

 

I am unsure as to the link between Centrica Finance and BOS, but they will argue that your consent was given in the original Agreement to pass your data to third paties for collection. It's only when it gets passed to a separate limited company that it gets a bit iffy.

 

If you have managed to get this far without a CCA being produced, then that's an excellent result for you. I would focus on getting the default removed by BOS on the basis of no Agreement.... therefore no right to enter a default. The rest seems to be just politics... even the OFT don't seem to take it very seriously unless loads of complaints are received about the same company.

 

Don't let your health suffer any further by worrying about the legalities between companies. I doubt if you would get any joy from taking them to court for anything... the best thing would be to store up your info. in case they ever took you to court.... and then throw it at them to make them think twice about it.

 

[kennyparkroad]

hi ho PO

 

blair oliver and scott have started calling, ive kept a log and informed them they are not allowed to do this and that they must communicate in writing.

 

i sent the CCA back in December 06 and they havent responded.

 

its only when i stopped payments they started chasing, so time will tell if they can produce the CCA

 

i was thinking of drafting a letter to them saying that once again they have failed to comply and that i want all actions stopped immediately unless they can produce the relevant documents in 14 days

 

on the other hand im inclined to just leave it for now lol

 

they cant get money out of me unless they take it to court and ok its a 6k loan, so chances are they will IF they find the docs.

 

Dunno on next course of action to be honest, just up and only on first cup of tea! lol

 

time to wake up.

 

suggestions?

[make them aktiv runners]

Just send them a letter stating that they should check back on their paperwork and realise that they are in fact acting outside the scope of OFT guidelines and CCA 74. No need to tell them why - they already know.

[PriorityOne]

i sent the CCA back in December 06 and they havent responded.

 

its only when i stopped payments they started chasing, so time will tell if they can produce the CCA

 

i was thinking of drafting a letter to them saying that once again they have failed to comply and that i want all actions stopped immediately unless they can produce the relevant documents in 14 days

 

 

 

 

If they are pursuing you now.... way out of the timescales for compliance, then they are committing a criminal offence.

[kennyparkroad]

thanks PO

 

yeah i know they are committing a criminal offence but reckon they still have an outside shot of producing the CCA.

 

just not sure on my next course of action

 

i think a letter putting the pressure on for them to get the docs to me within 14 days is the best option and if they dont THEN I WILL report it to OFT, FO etc

 

what do you think?

[PriorityOne]

just not sure on my next course of action

 

i think a letter putting the pressure on for them to get the docs to me within 14 days is the best option and if they dont THEN I WILL report it to OFT, FO etc

 

 

 

No need to put any pressure on them Kenny.... it's better for you if they don't produce the docs ! Just report them to the OFT anyway.

[kennyparkroad]

hi there, recieved yet another call this morning, i got the name of the person.

 

so i simply said

 

"hi Karen, thanks for phoning although by doing so your going against OFT guidelines, you see Karen, back in December i made a legal request of your company to provide me with a CCA agreement, you have 12 working days in which to do that before your company enters default, i then have every legal right to stop payments until my legal request is satisfied, also, because you didnt supply the documents a further calender month after the 12 working days, your company has committed a criminal offence, so you see Karen, ive requested many times in writing that you delete the numbers you have for me and correspond with me in writing only, but i feel the need to inform you that because you havent supplied any documents in 4 months, you can at this time, no longer legally chase this debt until such time as documents are produced, however at this time let me also inform you that i am now going to report this matter to the OFT.

 

 

really stroppy response

 

RIGHT OK - WE WILL CORRESPOND IN WRITING THEN

 

BEEEEEEEEEEEEEEEEEEEEEEEEP

 

 

 

does anyone have the link to report a complaint to the OFT?

dont think i made her morning, oh well, im going to lodge a complaint with the OFT this morning.

 

i think they might have a CCA agreement, but im going to report them anyway lol.

[PriorityOne]

If you do a Google search for OFT... you can access the website and complain by email. Make sure you keep a copy though, so that you can recall what you said.

 

Nice response to Karen though.... well done !!

[kennyparkroad]

Update

 

they have sent a letter out (which is dated before Karens call)

 

standard letter

although addressed to me at the wrong posstcode.

 

Dear Sir Madam

 

Blair Oliver and Scott is a professional Debt Collection Agency instructed by our client to obtain payment of the balance owed by you. Our client requires payment of the full balance outstanding as soon as possible.

 

What action should you take.

 

Make payment in full or

contact our agents on the helpline number below.

 

What will happen if you dont take action?

We can instruct one of our local door-to-door agents to call on you and discuss payment of the debt or

 

we may commence legal action

 

 

 

 

well, nuts to them, they are going to be reported to the OFT this morning along with a letter sent which will read.

 

 

 

Thank you for your letter of xxxx the contents of which are noted.

 

I refer you to all of my previous correspondance which i have included for ease of reference, i once again point out that your company has committed a criminal offence by not supplying the documents requested by me within the statutory time limit and as such is acting outwith the guidelines of the OFT while chasing for payment while an account is in dispute.

 

Please supply me with the documents originally requested in my first letter of xx December 2006 or provide me written confirmation that you are unable to do so.

 

 

 

 

 

 

will that do as a letter PO?

[PriorityOne]

Hi Kenny,

 

Personally, I wouldn't write to them at all. Report them to the OFT and state that although BOS are well over the limits for CCA compliance, you are still being chased for payment.... 'phone calls and letters. Attach a copy of the any letters you have received (photocopy/scan).

 

BOS are trying to bait you into making contact.... that's all.

 

[archer_66]

yea i agree,ive had the same problems with 2 companies.i got fed up last week and reported them to OFT theyve reffered it to trading standards.i told them in my last letter that if they kept on i would report them.why should we keep giving them chances?

[kennyparkroad]

update for you PO, but am in the process of sending you a PM

[PriorityOne]

update for you PO, but am in the process of sending you a PM

 

 

I've just replied....

[kennyparkroad]

To update anyone watching.

 

Ive reported them on Saturday Morning.

 

Still wondering if i should reply with something to their latest letter for payment?

 

ie

 

Gimmy the docs in 14 days or drop it.

[Zimmie]

Hi Kenny, I think I'd be tempted to let them dig their hole a little deeper...the hole might get to be about 6' deep..then they can climb in and let you & TS fill it in.

Good luck with it whatever you decide to do. Zim.

[archer_66]

no id just leave them to it as well just keep all the letters they send and log the calls if theres any.then just sit tight and wait

[kennyparkroad]

thanks guys

 

ok ill leave it for now, i reported them to the OFT and we will go from there.

 

See what happens.

[archer_66]