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

[kennyparkroad]

just had yet ANOTHER call from Blair Oliver and Scott

 

the woman on the phone basically said i was a liar and that i had never requested anything.

 

I said to her

 

"are you familiar with Royal Mails Track and Trace, cause i have proof they were signed for"

 

she asked what documentation i had requested because she could order it TODAY for me.

 

I told her

 

" i have no requirement to inform you over the phone, to do so would go against everything i have wanted, and that would be for you to stop calling me, please refer to my correspondace"

 

I cant do that she said

 

"not my problem"

 

beeeeeeeeeeeeeeeep.

 

 

 

although she did admit that they had been ASSIGNED to collect the debt and didnt actually own it, so im still watiing on my deed of assignment, its only been 4 months so far!

 

 

 

 

i actually do think they have the documents, but its not my fault someone hasnt been reading my letters despite me sending them

 

she also said that someone else would call, i pointed out that everytime they do, they are doing so illegally, and she replied with

 

"i cant enter notes, i cant stop someone from calling"

 

i said fair enough.

 

 

 

 

so my next move is what?

 

im sick of the calls despite me telling them not too.

 

but i 99% do think they have the docs.

 

Do just bite the bullet and request the docs within 14 days,

 

or

 

do i keep letting them break the law in the hopes that if they do give me the docs i can get compensation or something out of them for my troubles (which would help reduce the debt!)

 

suggestions?

[dencha]

Once they default after the 12 working days the debt becomes unenforceable except by a Judge in court.

 

You should stop any payments you may have been making.

 

Following another calender month they will have commited an offence and it would be extemely unlikely for them to try and enforce it as they have commited the offence even if they did find the documents.

 

If they had the correct docs they would have sent them within the 12 days.

 

Do not talk to them on the phone otherwise they will just keep ringing.

 

Send only a telephone harrassment letter and no personal visits etc.

 

Apply to have all your personal details removed from their records and any adverse defaults they may have put on your credit ratings removed.

 

They are the ones at fault, not you.

 

Send no other letters. Report them to everyone you can think of.

[kennyparkroad]

hi there

 

wont deal with them on phone, will see what happens next

 

already reported them to the OFT will wait and see what they say about it, have not reported them to trading standards yet.

 

as usual watch this space.

[PriorityOne]

although she did admit that they had been ASSIGNED to collect the debt and didnt actually own it, so im still watiing on my deed of assignment, its only been 4 months so far!

 

 

She obviously doesn't know what she's on about Kenny. An assigned debt is a sold debt... hence the Deed of Assignment that gets passed to a DCA upon sale.

 

Why are you wanting to push then to produce the docs. so badly ?? Properly executed CCA docs would be the last thing I would want to see on my doormat !!

[kennyparkroad]

i know what your saying PO, but as outline i just wished it was over, as the other person i mentioned in my PM could do without hassle that gets transferred to me, although they have trust in me

 

ive woken up this morning with a middle finger in the air, i can only assume it was meant for BOS because I AM NOT DOING ANYTHING, they can dig their own hole!

 

 

not even had a confirmation of complaint from oft

 

watch this space.

[kennyparkroad]

just had another call

 

VERY VERY Abusive (im shaking with anger)

 

told me no matter what i did they would call.

 

then asked to speak to her supervisor.

 

the supervisor came on, i complained about Minnie and then Kathryn the supervisor informed me that there legal department would be writing to me, most likely to take me to court.

 

 

let them write!

[PriorityOne]

i know what your saying PO, but as outline i just wished it was over, as the other person i mentioned in my PM could do without hassle that gets transferred to me, although they have trust in me

 

 

Pushing them for docs. will not make them go away Kenny.... and the last thing you want is for them to come up with the docs. anyway . They are waiting for one of you to weaken... hence the abusive 'phone calls. Don't get drawn into it. If they call again... to either of you... put the 'phone on top of the toilet and flush it. If you don't have a cordless 'phone, then just hang up or put the receiver down somewhere.... or next to a running vacuum cleaner.... anything you like !

 

Whatever you do... don't have any more dealings with them on the 'phone.

 

[reduk054]

HI Kenny,

after all of your help i wanted to offer support with Blair Oliver & Scott, I too have had brief dealings with them about an old Halifax loan.

Fortuneatly they did not have my telephone no. and I never paid them a penny. I CCA'd them months ago, and only had one more rubbish letter saying PHONE US -NOW, yeah right...not now you are committing a criminal offence by pursuing debt.

Earlier in the thread there were talkings of who BOS, as in Blair Oliver and Scott were, and connections to Bank of Scotland. My local Halifax has just changed its shop front to read "Halifax - Bank of Scotland", just thought that with my loan being from Halifax and Blair Oliver & Scot being maybe in house to Bank of Scotland, there may be a relevance?!

Kenny - don't answer the phone to these leeches. PO advice is sound! I have put unwanted DCA phone numbers into my barred folder on my mobile. Not that anyone phones me any more. A CCA a day keeps the DCAs at bay (unless you talk to them!!)

Stay strong. I am with you honey!

Red

[reduk054]

Oh yes, forgot to say that I too will be complaining to Consumer Direct (having been told to go there by my local Trading Standards office) about BOS, by e-mail initially, so maybe we will get a reply Kenny?

Red

[Vampyra]

Kenny

*big hugz*

Don't let these swines get to you. I know I did a wibble today but I'm just not even answering letters now. If they call they will get the answerphone as always.

 

Even that twit who went on about getting a solicitor in his letter today will not get a reply. More infuriating for them, they don't know whats coming next!

 

We are all here for you

Vampy

[kennyparkroad]

Update

 

yesterday i got a call from the consumer place, saying they have passed the matter onto trading standards and that i have done everything in my power to be civil, the woman i spoke to was appauled at BOS.

 

 

And today i got a letter saying "act within 5 days or we go to legal"

 

funny thing was the letter was dated a week ago,

 

oh well bring it on BOS, you may not have an obbligation to give me the documents, but you do have the obbligation to pass it back to your client, and to stop persuing a debt in dispute!

 

ball in their court.

[smartmartian10]

BlairOliverScott are a shower and horrible to deal with.

 

I have had lots of stuff from them dated days and weeks earlier than received. I now write on top of all letters when I open them the date received. And if it is longer than a week, I keep the envelope was well. If someone wants the evidence down the line best to have it.

[kennyparkroad]

another call from them today

 

i went through security questions (for a laugh)

 

she told me they had been writing and recieved no response.

 

i corrected her syaing i sent faxes and saved the header sheets saying its been delivered and sending letters via Royal Mail then she cut me off

 

oh well they must have been lost in the post.

 

i doubt it i said - they were recorded delivery and SIGNED FOR

 

 

oh

 

 

well ill ring back

 

sorry i said, afraid you wont, ive requested you delete numbers i even spoke to Kathryn a supervisor there who said it would be done.

 

we have every right and we dont have to delete your number

 

yes you do i said, i have requested it under the DPA.

 

ok well thank you for your time BEEEEEEEEEEEEEEEP

 

 

 

 

they dont give up do they?

 

so ive logged the call, funny how they phone after their letter saying i had 5 days to pay (7 days ago) or they would take it further.

 

 

so, have decided ill keep repeating myself on the phone about deleting my number, because apparently you can legally ask under the DPA for written transcripts of every call made

 

wouldnt THAT be fun in court

[kennyparkroad]

BlairOliverScott are a shower and horrible to deal with.

 

I have had lots of stuff from them dated days and weeks earlier than received. I now write on top of all letters when I open them the date received. And if it is longer than a week, I keep the envelope was well. If someone wants the evidence down the line best to have it.

 

 

 

never thought about that

 

nice one

[smartmartian10]

Your welcome kenny.

 

The other thing I also now do is on my letters

 

"RECORDED DELIVERY DH xxxx xxxx xGB"

 

that way it is easy to look up a letter and track it on the post office website with out having the little orange ticket to hand.

[kennyparkroad]

i print off the delivery confirmation and attach it to that letter i sent lol

 

thanks though

[sar011279]

Hi Kenny

You've asked them to stop calling you and I assume you've also put this in writing?, next time they call go through all the rigmarol of telling them you've asked for the number to be removed and advise that if they call you again you will report them to the police for harrassment, then if they call again report them!! - Just the threat was enough to stop GE Money calling me 5 times a day.

Am watching your thread with interest, good luck Kenny!

[reduk054]

Kenny, did you get any advice from the consumer place/TS about the phonecalls from BOS?

I know that sometimes when you are feeling stronger and happier than others that it is easy to wind up these companies but what about when you feel a little blue or down and they phone you again, because you talk to them?

I would not answer any thing, I'm with Vampyra - leave them guessing (or answering TS!!LOL!!)

Keep smiling honey....

Red

[kennyparkroad]

Trading Standards have not gotten back to me yet, still waiting on them

 

but they called again at 9pm last night so i got right narky with her.

 

actually i dont want them to stop phoning, ive faxed and mailed them, have the proof and they are ignoring it, the more they phone the better the case for me!

 

so ill keep on waiting to see what happens next,

[kennyparkroad]

Ok people an update

suppose i better fill you in on the back story (parts ive previously omitted)

Now the loan is in the name of me and my mother, now! when she signed the document we didnt think it was to be a joint applicant or guarantor

But apparently that is what she was down as, the other thing is, they have her down as a spouse and NOT my mother, now we never said we were married or an item (anyone else getting the gross feeling)

So they have started sending her letters as well chasing for payment, and this morning we both got the same letter (at different addresses obviously)

NOTICE OF INTENDED COURT ACTION

BANK OF SCOTLAND AGAINST

MR ME and My Mother

Due Date 5/5/07

Formal Notice is hereby given that our clients have instructed us to commence court proceedings against you without delay. When the court order is awarded you will also be liable for awarded costs and expenses.

To prevent action you must

Phone us etc etc

Now, what is my course of action now?

They have not once said they have any of my letters or replied to any of them, in fact they are denying ever getting them (even though i can prove different) now as appointed collectors, i know they dont have any obbligation to send me any documentation, but surely they would have to pass the matter back to their clients (bank of scotland, aa loans whatever you want to call it) and put their file on hold until the request was satisfied?

so do i simply once again do nothing? or write them a letter or what.

any help appreciated

Kenny

[tomterm8]

I am no longer welcome on CAG

[kennyparkroad]

would this be the course of action to take?

 

anyone else?

 

thanks for the letter though, unless otherwise advised by the regulars on this thread (Priorityone and Inkogneetoh) ill be sending this letter!

[PriorityOne]

Hi Kenny,

 

Non-compliance of a CCA request is a complete defence in any court action that is taken against you, which would make them foolish to go to court without one.... since the debt cannot be re-enforced without one.

 

I would be inclined to write back and say something along the usual lines...

 

Thank you for your letter of xx/xx/2007.

 

To date however, you have failed to comply with my legal request for a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974).

 

Since your failure to comply with this request represents a complete defence in any court claim that may be issued at this time, please take note that any action that you decide to take will be vigorously defended.

 

Yours sincerely,

 

 

It's also occurred to me that, although you are protected by making a CCA request... your Mum is not. Since she's now received the same letter as you have, she also needs to send off a CCA request as soon as possible (rec. delivery).

[reduk054]

"It's also occurred to me that, although you are protected by making a CCA request... your Mum is not. Since she's now received the same letter as you have, she also needs to send off a CCA request as soon as possible (rec. delivery)."

 

Interesting point PO, certainly something that any of us in a similar postition to Kenny should consider. Off to check all of my paperwork!!

Red

Kenny - hope you're ok!

Red

[PriorityOne]

 

They have not once said they have any of my letters or replied to any of them, in fact they are denying ever getting them (even though i can prove different) now as appointed collectors, i know they dont have any obbligation to send me any documentation,

If they are chasing you for payment... then yes, they do.

but surely they would have to pass the matter back to their clients (bank of scotland, aa loans whatever you want to call it) and put their file on hold until the request was satisfied?