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    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
    • I have received statments back to 2008 from them, Its a big file, with lots of the original papaerwork, a lot of this I have not seen for a long time and im sure this wasnt in the previous SAR.  There is some information that has been erased, it seems to be the Witness or agents/sales persons name!    
    • removed again please read upload carefully you must obscure or remove all re number etc 1st line has ref number try and put up the right way  too?   dx  
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edinburghbeerbucket

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Hi folks,

 

I've been away from the forums for a while, but keeping up-to-date with the newsletters.

 

I have a credit card with Bank of Scotland. I've had it for several years, and I'm now in a situation where I owe around £2500, and they owe me around £1500 in bank charges (which I have almost won - just waiting for the extract decree) and another dispute which is being handled by the FOS.

 

Things have been extremely tight recently, and the wife and I have been living on supernoodles towards the end of the month! As a result, I've just not been paying the card for about 3 months.

 

I've written to them several times explaining the situation and suggesting that they freeze interest and charges on the account while the bank charges and the other issue are resolved, and then we can come to an arrangement to pay the outstanding balance. I also asked them to stop calling because I live abroad and they keep calling at midnight, 4am, etc.

 

So far they've ignored all the letters, and today I got a default notice through the mail. I know they have received the letters because the last person who called acknowledged receipt of the latest one.

 

What should I do?! I really don't want this to go to a debt collector, and I'm trying to negotiate with the bank, but they don't reply to my letters and for obvious reasons I don't want to talk to them on the phone.

 

Please help!!


edinburghbeerbucket :D

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ebb

 

In response to their default letter send them a CCA request letter N from link below (do it today) and inform them the account is now disputed.

 

Whilst the account is dispute they are not allowed to take any enforcement actions this includes placing a default on your credit record.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Include in the letter a a request for everything to be in writing and stop calling or accepting calls from them. Also include a request for their complaints procedure.

 

After all that just wait the 12 + 2 days and no agreement arrives they have defaulted & you can stop paying them. After + 31 days and no agreement then they have committed a criminal offense and you report them to their local Trading Standards.

 

If an agreement does arrive post it here an ask the guys if its enforceable

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-444.html

 

If they pass it off to a DCA then send them a CCA as well.


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Thanks so much for the advice. I'll get onto the CCA request tonight.

 

I have a concern, though. In my last couple of letters to them, have I acknowledged the debt by offering to make make repayments? I don't have the letters to hand (I'm at work - tee hee!) but I remember something along the lines of "I am keen to repay the outstanding balance...".

 

Or, does sending this letter effectively make those previous statements null and void?


edinburghbeerbucket :D

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I'm not sure I understand - what are you trying to achieve here? Surely they are doing you a favour in defaulting/terminating the account, as it probably will go to DCA who is more likely to accept a reduced payment offer - thereby making your situation more bearable.

 

Denying the debt exists isn't really an option as you've being paying the account for some time.

 

While conar686's advice might work, I would advise against it unless you have a legitimate concern over the account such as no CCA agreement, etc. Using this to prevent the account being defaulted may backfire on you later, IMHO.

 

Disputing an account because you have concerns over it's enforceability is one thing, but disputing it as a means to prevent collection is another!


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I'm not sure I understand - what are you trying to achieve here?

 

Ideally, I want them to stop applying interest and late fees to the account and freeze it.

 

I want it to stay like this until such time as my disputes with them have been settled.

 

Then, when we have agreed on the outstanding balance, I want to start paying it back at an affordable rate.


edinburghbeerbucket :D

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The agreement you have with them (or terms in another document that is referred to in the agreement) will allow them to do this though - what you're asking them to do is at their discretion, so if they won't, they won't and you can't make them.

 

The only thing you can do is exactly what you have - tell them about your situation, the reasons it's come around (include the fact you think their charges are part of the problem!) and what you are able to offer comfortably.

 

They don't want to terminate the account, but they don't have to accept reduced payments.

 

If this doesn't work and - depending on your other circumstances - you can't get anywhere with them, you might want to consider involving the CCCS/Citizens Advice Bureau who can help you manage your debt or involve you in a Debt Management Program. (DMP) These shouldn't be entered in to lightly, but at least if the CCCS/CAB are involved they may be more inclined to accept. (I know Barclays can decide not to accept any version of Income/Expense without these being confirmed by such a third party)

 

Your disputes are a separate issue to the account collection, though - they aren't dependant one on another neither. You owe the money, they are entitled to default/terminate and sell the debt on - the fact you're querying it will prevent collection, but bear in mind you may not be entitled to those charges/fees back as you might not win, (unlikely, but anything is possible!) so don't rely on it.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks for your honest advice, Car.

 

The frustrating thing is, if the bank gave me this breathing space they'd eventually get back the whole balance instead of selling it to a DCA for 30p in the pound or something!

 

As it stands, it's actually far more beneficial to me to let the account default and go to a DCA, negotiate a 40% settlement with them, then wait for my bank charges (etc) to come back to me and pay it off with that!


edinburghbeerbucket :D

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If you are defaulted (have a default registered on your credit file - they may "default" your account, but not record it!) you need to challenge this in your claim for charges.

 

If you can show - as you can - that the majority of the balance is made up of charges that are proven illegal, you can ask the Court to make an order under S.14 of the Data Protection Act 1998 to have the default removed, if BOS won't agree. (You may need advise from others on this, as you're probably governed by Scottish Law, though)

 

If they settle with you, make sure it's conditional on complete removal of the default not just marking it as satisfied/settled. (A satisfied default will still adversely effect your credit rating)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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