Bank of Scotland - Agreement - I Don't Think So!

[gettingthere]

I have been making reduced payments to BOS for several years for a credit card. These payments were well above what they should have been receiving pro rata. The reduced payments are because of long term bad health.

A couple of months ago the account was transferred to Retail Bank Collections at Halifax who immediately started charging interest and adding charges.

I decided to send CCA request and the below is what I received back:

 

 

 

The 'application form' they have sent me is the worst copy I have received of any document. I have enhanced it a bit but as you can see it is totally illegible.

 

I have now sent the following letter in response - they are now ringing me on a daily basis.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Account Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

I refer to your letter dated xx August the contents of which are noted.

 

On xx July I made a request under S.78(1) of the Consumer Credit Act 1974 for you to supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

This request was sent by recorded delivery to Bank of Scotland Card Services in Dunfermline.

 

On the xx August 2007 I received a copy of a document that is clearly an application form of which all the small print is totally illegible. This document was sent by Dianne Walker, Customer Services, Bank of Scotland.

 

However the supply of this application form in no way satisfies my request for documentation for the debt you allege exists.

 

This copy is almost totally illegible and does not comply with S60(1) and S61(1) of the Consumer Credit Act 1974 and so would be unenforceable as per S127(3) of the same act.

 

Also it does not comply with Section 1 of The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, which also states that copies of documents must be legible.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

To date, you have failed to comply with a legal request for a Consumer Credit Agreement (Consumer Credit Act 1974) in relation to the above account.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a correctly executed credit agreement is a very clear legal dispute and therefore the following applies:

 

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.

• You may not add any further interest or charges to this account.

• You may not pass this account to any third party.

• You may not register any information in respect of this account with any of the credit reference agencies.

• You may not issue a default notice related to this account.

 

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no regulated agreement, as is the case at this moment in time, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

I reserve the right to pass all information to Trading Standards including the copy of the illegible application form you have sent me.

 

Any enforcement action you may bring against me will be vigorously defended.

 

I expect to hear from you within 10 days of this letter with a true copy of the executed agreement in relation to this account unless of course this ‘application form’ is the document you will rely on as being the signed agreement in relation to this account in any future enforcement action against me?

 

I would be obliged if you can confirm this?

 

If I do not receive this I will then decide what further action I will take.

 

In addition I would ask that all telephone calls to me cease. I have already explained that I cannot talk on the telephone for health reasons but the calls continue. Again if they do not stop I may take further action.

 

Yours faithfully

 

Have I done everything correctly?

[gemspan]

Hi there

 

Yep, this seems fine to me but somebody with more experience may be along later. This is exactly what BOS sent me and are continuing to seek payment.

 

I am about to take this furthr.

 

Good luck

Gemspan

[miss muppet]

What a completely rubbish copy, your letter is fine, they probably won't stop chasing though - my OH has three accounts with BOS which he has been paying back small amounts on over 18 months and never got any statements showing what he'd paid - all he got back from the CCA request was one card request form, we have sent all the usual letters and reported them to our local TS, they don't ring as much as they used to but have further plans for them re:OFT and their local TS, don't let them get you down, they cannot enforce that piece of nonsense.

[diskmandave]

Have I done everything correctly?

 

Looking good!

 

You might also want to have a word to Trading Standards, they're a great help to have on side!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

There's no way that agreement would stand up IMHO...

 

Good luck, Dave.

[gettingthere]

A bit of an update on this one. Firstly I apologise but I have accidentally deleted the images of the agreement I originally posted but if anyone wants to see them I can soon post them up again.

 

I have had no contact from the Bank of Scotland since April and that was in the guise of Blair Oliver and Scott.

 

I have had several DCAs chasing me and threatening me with court action and all the worst things that will happen to me if I do not pay. They have all backed off eventually when given the facts! I've actually had 5 letters before action from various people as well!

 

Anyway the reason for this post is that I think Bank of Scotland are being a little bit naughty in what they have done.

 

The original default for this account was dated in 2002 and would have dropped off my credit refrence files by now.

However the Bank of Scotland have placed a new default on my files dated in January 2008 and not updated since.

 

If anyone could help me I would like to challenge this as it seems to me that this will be on my files until the day I die if they keep putting new ones on.

 

Any advice would be gratefully appreciated and then I will take them on - I have told them to take me to court but they do not appear prepared to do this.

[gettingthere]

Just bumping before it disappears.

[gettingthere]

Good news at last! I have now received a letter from BOS stating that having reviewed my account again they have decided to write the debt off.

 

It took a long time but success at last. Just the default to sort out now with them.

[andyr666]

Congratulations! It must be a real weight off of your shoulders

[Jaffa1961]

Well done.... Always good to read of success