HBOS and OH's card debt

[citizenB]

Not sure about that CB, I'd have to check...

 

Oh, while I remember, I had a lovely chat with a lady from Moorcroft today. It went something like this

 

Her: Is OH in?

Me: Yes

H: Can I speak to him please

M: No, he doesn't talk about financial matters over the phone. In any case you are chasing an unenforceable debt for BOS, and they have been told many times about phoning, so I suggest you stop now.

H: So is OH there then?

M: Did you hear what I just said about not taking phone calls?

H: Can I give you a number for him to phone?

M: NO (suppressed the urge to ask her if she was mentally challenged)

H: Ok, I'll phone back

M: No you won't unless you want me to slap you personally with a harassment claim.

H: Right, well I'll be phoning back in a little while. Click.

 

I think our phone must have broken at that point as there were no further calls and she had promised she'd phone back:confused:

 

Oh well, maybe I'll get to play tomorrow.

 

I have to say, even if all the accounts we hold were shown to be enforceable, I'd still be 100% happier than I was before CAG. Just being able to tell them to feck off (or words to that effect) when they're being ridiculous, and not being scared when the phone rings is a huge thing.

 

What part of NO do you not understand.. the "N" or the "O"

[angel_1]

oh CB,,,,thanks for the laugh,,,,,,,,,,,,,,,nooooooooooooooooooooooo lol

 

 

laters all angel x:lol:

[Murphy69]

When defending your position, its worth checking this out.

 

Mishcon de Reya, Solicitors, London : News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited

 

these guys make all sorts of claims on there website, now they are saying they can buy your debt, of course you pay them and they say they will then take it on and release you of your obligations.

Is this possible that one can legally do this?

In the above good info on the cca1974 from the Judge.

[lexis200]

Nothing from Moorcroft today...I hope I didn't upset them!

[citizenB]

Nothing from Moorcroft today...I hope I didn't upset them!

 

 

Rubbish, you are hoping exactly that.. come on tell the truth:lol:

[lexis200]

Well maybe just a bit...

[citizenB]

[Undercover-Elsa]

Morning Lexis and CitiB,

Thanks for the reply Lexis...was in a "OMG what have I got into?" state yesterday. Got my bounce back today, and just subbing to this excellent thread.

Like the disguise?

Elsa x

[citizenB]

Morning Lexis and CitiB,

 

Like the disguise?

 

Elsa x

 

 

CSM, brilliant, absolutely bliddy brilliant:lol: The shades suit you x

 

BTW, thanks for the rep and the nice comments:D

Edited June 6, 2009 by citizenB

[lexis200]

Morning Lexis and CitiB,

Thanks for the reply Lexis...was in a "OMG what have I got into?" state yesterday. Got my bounce back today, and just subbing to this excellent thread.

Like the disguise?

Elsa x

 

Who said that???

[Undercover-Elsa]

[tosh1]

Hi Lexis

 

Subbing with great interest

 

Tosh1

[lexis200]

Remember I wrote to Iqor about March time? They wrote back yesterday in full retreat mode - apologising for any inconvenience, gone back to OC etc (not sure how seeing as it's supposedly with Moorcroft at the moment??)

 

Another one down, still waiting for a reply to my last letter which they acknowledged a few days ago...

[citizenB]

Remember I wrote to Iqor about March time? They wrote back yesterday in full retreat mode - apologising for any inconvenience, gone back to OC etc (not sure how seeing as it's supposedly with Moorcroft at the moment??)

 

Another one down, still waiting for a reply to my last letter which they acknowledged a few days ago...

 

If it is with Moorcroft, what the hell were Iqor doing with it as well. I think that is against OFT guidelines to have more than one company "administering" an account on behalf of the OC.

 

Still, at least you have zapped one of them:D

[lexis200]

Well technically I think Moorcroft muscled in on Iqor when they had it:D I don't hold out much hope for them lasting any longer than Iqor though, so I'm not exactly pacing up and down waiting for a response:D

 

It does amuse me that these debts get passed from pillar to post when they are entirely un-collectable. Do they think I (we!) may suddenly have change of heart if we see a new name on the horizon:confused: I'd love to see what details BOS (and all the other banks) send with these accounts. I'd lay odds it's not 'this is completely dead in the water and has been to multiple DCA's before you, but see how you go why don't you?'

[citizenB]

TBH, if they know that it is unenforceable then surely what they are doing is nothing short of harrassment, wouldnt you say ?

[lexis200]

hmm, I think you have a point there. I think I might have one of their letters that actually states it's unenforceable - it may be another angle of attack.

 

Or I could just ignore the gits and get on with it:D

[citizenB]

Cant remember if I have posted this for you before, Lexis.. but here is what the OFT have to say...

 

This is what the Office of Fair Trading has to say:

“We have noted your concerns regarding the provision of a copy of the executed credit agreement and would like to make the following comments.

 

The general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed -sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.

 

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order.

We do understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement.

 

A ‘true copy of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which became payable under the agreement but remains unpaid; and the total sum which has become payable under the agreement but remains unpaid by the debtor (the latter two must include the amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently, he cannot otherwise.

 

We note your concerns that in the absence of a copy of the original agreement someone’s liability for a debt can only lead to further query. However in circumstances like this we would view it as an Unfair Practice under section 25(2)d of the Act and relevant to license fitness if a trader failed to investigate and to provide details as appropriate when a debt is queried of disputed.”

 

And here is another link to a letter that Miss Muppet was sent..

OFT Letter to Miss Muppet

 

The letter was not posted in order, so you might have to juggle the pages around:D

 

[griffin036]

Subbing with interest, as I am in the same position now, that you were with BOS - NIP back in Oct/Nov last year. Illegible agreement lacking prescribed terms and no historic T+C's.

Good luck lexis.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187412-blair-oliver-scott-notice.html

[lexis200]

Cheers for that CB. I've just had another letter from Moorcroft dated 18th June stating they're going to be sending someone round, so I think I'll be sending in my complaint to TS about them:rolleyes:

 

They'd better be careful if they do venture round as following my trip to my sisters last weekend I've got a brand new attack kitten. Yes, at the moment my wall and my completely stationary foot are wishing they'd never been born.

 

Oh, and on OH's other (defaulted and terminated) BOS account, he got another default notice. Dated 16th June, received here on Saturday, remedy date BEFORE 17th June:D:lol:

[Undercover-Elsa]

Morning Lexis

Dear me, what are these people DOING? It takes the average newbie on here about 3 weeks to grasp the basics. These muppets work full time at it and still haven't grasped it!

Have you had one of these yet from the Bostitutes?

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205444-debtograms-go-what-beauty.html

 

Elsa xx

[lexis200]

Bostitutes:D:D:D LMAO:D

[lexis200]

That's an absolute corker, and no, not had one yet:D Mind you Blair have been ignoring OH for a while now:(

 

One thing though - was that on behalf of their clients Bank of Scotland?? I think I might have to get something off to someone about that when I have a spare moment (it's not exactly a pressing thing so I'm not going to rush to get it done). They've stated in a letter to me (and probably most other people) that Blair are their in-house agents and not an external company so I rather feel then that them using the words 'clients' is pretty misleading. Surely 'colleagues' would be more apt:rolleyes:

[Undercover-Elsa]

I think they also share, or have shared a few company directors?

And a little gem from Nominet Whois, re the blairoliverscott.co.uk website:

WHOIS Query

 

They must think we fell off the back of a doorstep...

[Undercover-Elsa]

And yes, they always say "clients" ..clearly designed to mislead and pump up their own importance.

As Ricky Tomlinson would say..

Professional debt collectors my ass!!!