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

[matt-man]

In fact just found this on a website:

AA Loans

 

AA Loans are provided or arranged, subject to status, by Automobile Association Personal Finance Limited, Trinity Road, Halifax, West Yorkshire HX1 2RG.

You must be at least 18, a UK resident (excluding Northern Ireland, the Channel Islands and the Isle of Man) and in permanent employment to apply. The APR will vary depending on the amount of your loan, your personal circumstances, our credit assessment procedures and other related factors. APR and repayment details are correct at the time of the site going live. Certain purposes of loan may be excluded or have limited repayment periods, please ring for details. A guarantor may be required. Rates apply to Internet applications only and cannot be used in conjunction with any other offer. These rates are available for a limited time only.

Automobile Association Personal Finance Limited is a joint venture company between Automobile Association Developments Limited and Capital Bank plc. Capital Bank plc is an HBOS plc group company.

Automobile Association Personal Finance Limited is licensed under the Consumer Credit Act 1974 by the Office of Fair Trading. Further details of the Consumer Credit Public Register are available on www.oft.gov.uk (link opens a new window).

 

So there is a link to HBoS, who own Bank of Scotland, conviently shortened to BOS?!?!

[DanP1973]

Also nice to see that they advertise they are licenced under the CCA 74 by the OFT.....................

[matt-man]

I bet they have it down as a trading name of the Halifax bank of scotland.

Shame the OFT web site hasn't got a search option for companies listed.

[kennyparkroad]

interesting, anyway will see what happens next!

[kennyparkroad]

Just thought i would update you, i have had nothing from original creditor or Blair Oliver and Scott

 

however i have had missed calls from the creditors, but no messages.

[PriorityOne]

Don't have any dealings with them on the 'phone Kenny.... they will just try and feed you a pile of rubbish.

[kennyparkroad]

Dont worry i wont, i know my rights, and they are close (almost) to commiting a criminal offense, they have already defaulted, and in that letter i told them i would only deal in writing,

 

their loss not mine.

 

my other question, is when i cancel a standing order at a bank, does the creditor or DCA they get told? or does it simply decline the next time they ask for payment?

[PriorityOne]

The DCA finds out when they can no longer collect. When I cancelled mine, I didn't inform anyone.... just went down to the bank and cancelled it. That was 2 months ago.

 

[kennyparkroad]

so the bank doesnt tell them then?

[PriorityOne]

Who cares ? Just cancel it.

[kennyparkroad]

i care because, they are close to being in offence stage rather than default stage, yes its sneaky but would rather wait before i cancel to give them less time to respond!

 

i thought i had already stopped payments, turns out i didnt as there was a glitch on the system, the bank apologised and told me to visit them in person to cancel it if i still wanted to do that.

[PriorityOne]

Kenny, they are in default after 12 working days.... so you are within your rights to cancel after 12 working days.

[kennyparkroad]

course i am! DOH sorry! lol

 

i knew that, i guess i just want it to be over that much and the fact that im trying to help other people on the forum, that i just didnt think that hard about my own one!

[PriorityOne]

.... it happens. I am notorious for not being able to see the wood for the trees in my own threads sometimes....

[kennyparkroad]

in another thread, i was talking to LADYBIRD and was asked to post details, just for the ease of reference ill post it here too.

 

 

The company is Centrica Finance (the AA) it was a loan, Blair Oliver and Scott are trying to collect.

 

CCA'd them BOTH, back in December, nothing heard.

 

But because of probs with bank they took a payment out in Feb and March, it was cancelled properly last week, bank apologised for the delay/fault.

 

BOS (Blair Oliver and Scott) are due to take a payment out at the start of april, but that wont be happening.

 

Wonder if they will start chasing for payment then?

 

Doesnt matter if they do though, unless they can provide the CCA and in Blair Oliver and Scotts case the deed of assignment, also BOTH OF THEM have committed a criminal offence.

 

On a side not, Centrica also placed a default against my account which i NEVER GOT notification of.

 

just gets better huh?

[mfpa]

But because of probs with bank they took a payment out in Feb and March, it was cancelled properly last week, bank apologised for the delay/fault.

 

Just to prove the "Direct Debit Guarantee Scheme" is completely worthless, why not try instructing the bank that the monies incorrectly debited from your account be reinstated?

[kennyparkroad]

in the process of it

[kennyparkroad]

ok guys just to update you quickly

 

CCA'd Blair Oliver and Scott regarding a 6k loan in December 2006

 

have not heard ANYTHING from them until today (because they couldnt get payment out of the bank at beginning of April presumably)

 

when they sent a text to my mobile phone saying i was to ring them NOW!

 

They have committed an offence by not responding, but i think they might have the paperwork, i was just chancing my arm with this one.

 

What course of action do i do now?

 

Kenny

[kennyparkroad]

was thinking of sending them this

 

 

11th April 2007

Dear Sir/Madam

I wrote to you on the 18th December 2006 requesting a copy of the executed agreement under the Consumer Credit Act (1974). I also asked for a statement of account and I note that this has not been provided.

A copy of that letter is attached for ease of reference and the request therein is explicit.

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

Subsequently, on 7 February I wrote again, requesting all data pertaining to me to be deleted as you have failed to comply with my CCA request.

Again a copy of that letter is attached for ease of reference.

However, despite my requests, which are perfectly legal and valid, none of this has been satisfied.

I now note that you have contacted me today via my mobile phone.

This comes in the wake of my specific request that we conduct this matter in writing so I therefore hold you in breach of the Malicious Communications Act 1988.

I hereby repeat that you do not have my authorisation to phone, text or email me and that you must remove my mobile number, house phone number and any email addresses held immediately from all records you hold on me, you will appreciate this is my right under the Data Protection Act 1988.

The date and time of this call has been logged and I will continue to keep detailed records and/or recordings of any conversations we might have should you decide to call or text me again.

 

Further, if it happens again, I will refer the matter to my local police station and press charges against you.

Kindly acknowledge this letter and respond to my previous communications in full on or by Friday 20th April 2007.

Failure to do so will result in this matter being referred to the Office of Fair Trading by way of a formal complaint about your continued harassment of me and your ongoing unfair conduct.

Yours faithfully,

[gizmo111]

Kenny - do you bank with the halifax?

Ifyou do withdraw all your cash now.

They have been known to pay BOS under the right of offset.

[kennyparkroad]

no i bank with a Scottish Bank.

 

Royal Bank of Scotland, and have cancelled the Standing Order, so they have NO authorisation to take money out my account.

 

Any advice on next course of action?

 

 

 

PS - thanks for the tip.

[PriorityOne]

Hi Kenny... thank you for the PM and I hope you are feeling better. I have changed your letter to the one below.... see what you think.

 

Dear Sir/Madam

 

I refer to my letter of 18th December, 2006 which made a legal request for a true, signed copy of the Consumer Credit Agreement in relation to the above account (Consumer Credit Act, 1974), together with statements of account. To date you have failed to comply with my request and therefore, no further payments will be forthcoming until such times as this document can be produced and re-enforced in court.

 

On 7th February I wrote again, requesting that all data pertaining to me was to be deleted from your system(s) and any defaults that had been entered against my name be removed, as is my right under The Data Protection Act, 1998.

 

To date, I am disappointed to note that none of my requests have been satisified. I therefore demand that you now refrain from processing ANY further data pertaining to me and provide written confirmation that all defaults have been removed from my credit files.

 

More recently, I have also been receiving telephone calls from your company despite requesting that ALL communication is to be in writing. The date and time of today's call has been logged and I will continue to keep detailed records and/or logs of any further conversations and/or texts that you may attempt to make in contravention of my explicit instructions.

 

Your signature for receipt of this letter represents proof that its contents have been received. Therefore, any further failure to adhere to my instructions will result in a formal complaint being made to the relevant authorities, including but not limited to Trading Standards and the Office of Fair Trading.

 

Yours faithfully,

 

[kennyparkroad]

thanks for that, i will fax off in the morning.

 

even if they do have the documents, its well past the 42 days, i might get them to take me to court and go the compen route so see if i can get damages as this has greatly affected my health and im now on medication for blood pressure etc.

 

will see what they come back with, ill FAX this in the morning and print out a header to say it got there but will also send recorded delivery.

 

thanks again

 

Kenny

[kennyparkroad]

letter faxed, header sheet printed.

 

and im sending recorded delivery at lunch time too

 

[kennyparkroad]

Today i got another call on my mobile, this time i answered, and went through security steps, i then asked for the name of the caller, which i was given

 

 

i then in 5 seconds said

 

 

"i refer you to my correspondence which you should have on file which tells you that you do NOT have my authorisation to contact me in any manner apart from writing, by phoning me on this number you are not only igoring my request for all communication to be in writing but as you are phoning my mobile after i requested you dont

once again if you want to communicate with me do it in writing."

 

i then hung up.

 

 

 

 

wonder if they will phone back???

 

lol

 

 

PS

 

Blair Oliver Scott is listed as a 'non trading company' at Companies House.

 

And that they don't file accounts... naughty boys.

So they shouldn't be doing any business at all..??

 

 

can someone clarify/verify this?