Rec Default notice and CCA reply from Bos today - pls advise

[Desperate Daniella]

subbing to your thread.

 

Haven't started my own yet, as so far I have received just the current T&Cs, wrote back on 8th January saying once again that I wanted the agreement and have been ignored. I'm sending them a default letter today.

 

I was very interested to see the reference to pre-merger stuff being unavailable. I can't for the life of me remember when I got the card but my oldest statements are from 1999 so it was obviously some time before that.

 

Good luck with this.

 

DD

[angel_1]

welcome to my thread DD

 

yes will be interesting what you get back, ive done all that too

 

have you stopped paying them now though, ive not paid them for a few months,,,

 

anyway have another peek around and then off for some lunch

 

be back later take care and good luck too

angel x

[lexis200]

Just wishing you luck angel - get that SAR out to them!

 

Lexis:)

[davey77]

 

also id already told them last year when i first started looking at paying all creditors pro rata payments that i was off ill so they already knew from the offset...

 

....2. insist to creditors with a short letter enclosing my docs letter correspondence only, if not will take calls and record for harrasment claim

...

 

I would start invoicing them (or back date it to when they first were told not to call) for each call received. Lets be kind and say £10 a time shall we :grin:

[millymollymoo]

PMSL:D!

 

milly XXX

[angel_1]

hello everyone

 

thank you so much for cheering me up today with all your thoughts and posts,

 

ive come across a letter ive got about charging me for an agent to visit me, and charging MEEEEEEEEEEEEEEE

 

oh no,,,i need to reply to this with my letter this has now landed just nice in my lap

 

 

will be scanning it give me five minutes,, AM BACK

 

http://i407.photobucket.com/albums/pp159/aquarian1964/BOSAGENTLTR-1.jpg

Edited February 5, 2009 by angel_1

[underdog13]

I got one of those a few days ago - was yours from power 2 contact by any chance?

[angel_1]

oh no only bos letterhead but then is your amount the same as mine?

 

odd amount dont you agree?

 

angel x

[underdog13]

Don't think they mentioned a specific amount on mine - will dig it out of file and check:)

[OLIVE.FAMILY]

Subbing- Will be fighting back with bos myself soon

 

good luck

 

olives xx

[angel_1]

hey olives great minds think alike ive just posted on your thread,,,,lol

 

laters angel x

[davey77]

 

http://i407.photobucket.com/albums/pp159/aquarian1964/BOSAGENTLTR-1.jpg

 

Unbelievable .. i would send them such a sarcastic reply!

Don't even mention OFT Debt Collection Guidance.. i mean, nobody enforces it so what's the point eh.

 

Send them an invoice for your time. And then copy that letter and send it to CAB, TS and your MP.

[angel_1]

hahahah davey you are a scream,,,, i was thinking of sending the doorstop letter,

but then i thought of adding a bit about my hubby works nights and they would disturb him,

and then something that this would be an invasion of my privacy as my hubby is not aware of my financial affairs,,,,

 

but ive got to get in a charge of some kind i now think its the only way lol

 

it sure deserves some kind of retort, and listen i still need to do a reply to that halifax reply i got on my other thread, that im mulling over at the moment too

 

this is just too silly to be any more amusing now

 

have a think and lets get the basis right see ya in a bit angel x

[Von Greenbach]

Hi Angel

That reply from them asking you to contact them on 0870 err is that not against OFT:

h. asking or instructing debtors to make contact on premium rate telephone numbers

0870 is after all a revenue generating number

[angel_1]

oh Von Greenback

how are you ? not bumped into for a while

 

of course it is that is very interesting, is it only 0845 as local call rate?

 

i didnt even click at the number being asked to call,

 

im so cross with them now,

 

i think like davey has said need to do a curt reply on this,,,,,

 

thanks again to all of your replies,

 

much appreciated laters angel x

[davey77]

Totally. OFT Debt Collection Guidance. But who to complain to is the thing?

 

The OFT don't want to know about individual complaints and direct you to TS.

TS haven't got the backbone or inclination to act.

FOS state that if you owe the money then OFT guidance doesn't come into it.

 

So, the answer is: We have to fight back ourselves and do all those regulatory jobs for the regulators.

 

Angel. Will go through your halifax thread again and update myself.

[Von Greenbach]

Hi Angel

 

I'm good thanks still around as you can see

 

Davey is correct in that no one cares about individual complaints which is why they get away with taking the ****, the point being make a note of that phone number and should your case ever reach litigation stage then that's another arrow to your bow, you can use it to your advantage showing where they've flouted OFT guidelines.

[angel_1]

oh yes, letter carefully and safely tucked away in folder and of course to be part of any defence

 

but i still will feel better to respond with the doorstop letter ive already sent a letter for telephone harrassment way back, didnt think to include the doorstep bit at the end - dohhhhhhhhhh

 

i think like BRW always says, ive told him this by the way i think,,,,, which is good, he says to always remember to write your letters as if one day potentially a judge may read it, so i think short sharp and direct is the form i will use for my reply.

 

off a hunting for other snippets see you laters angel x,

[Gazza112]

Hi Davey

 

I was going to send Halifax a letter stating everytime they called i would be billing them £10 a minute for there calls.

As they've started doing the phone call Harrassment today, it was not to bad only 4 calls from 6-9pm tonight.

 

Gaz

[davey77]

wow £10 a minute lol Not sure a Judge would agree to per minute but i see no reason for not charging for them per call. Here's where i got the idea from originally:

 

Your time's worth £10 an hour if your bank or finance company causes unfair problems - MoneySavingExpert.com Forums

[Gazza112]

Hi Davey

 

I was only using what Solicitors would charge, but if i was charging per call then £25 for my time would be reasonable.

 

Gaz

[angel_1]

hiya a quick question

 

does anyone know who is the head of hbos now? or who is their head man or woman

 

and i believe their registered address is The Mound in Edinburgh

 

i want my letter to go to the Top Person,

 

thanks cant seem to find out anything since andy hornby left and not sure now if its all now connected with lloyds merger

 

ta muchly angel x

[angel_1]

hiya guys

 

rang hbos

 

and found they are now as

 

 

The Cheif Executive is Mr Eric Daniels

Lloyds TSB Banking Group

25 Gresham Street

London

EC2V 7HN

 

so we have the superbank now i guess

 

oh well laters guys angel x

[angel_1]

hiya all, this is what lexis wrote on another thread and im thinking like others in the same position, we need to address this or not

 

have had the account terminated on a dodgy DN too and the arrears for me are not a lot

 

 

lexis wrote -

 

If they're not, just to get one of them off your back, would it be worth stating the DN/termination combo they've done, and saying as a GOGW you're willing to pay them the arrears if they close the account and don't register/remove any bad markers? This would work especially well if you then have charges that you could claim back after the account is closed:-)

 

I know it goes against the grain if they can't prove you owe anything, and they've been so slack as to not even bother keeping vital documents, but my thinking now is that if it costs a few quid (and I do mean a few) but they're gone, it'd be worth it!

 

Plus, it doesn't stop a complaint afterwards to the authorities about their lack of compliance with the anti money laundering regulations, due to them not keeping the agreement for the 6 years after account closure....

__________________

 

 

if anyone can give us a bit of a guidance whether we should attempt this style of addressing as i really dont want the court action if i can resolve outside court, if its court then i will have to learn pretty fast!

 

could this be seen to resolve very early on?

is it worth us attempting this?

sars yet still to arrive, if they ever do

 

so havent done cpr yet but is this the next step or offer the arrears as gwg and get default removed and closed down officially, i personally would nt pay until i got some kind of confirmation of resolution,

 

we await our learned friends advice many thanks angel x:-)

[davey77]

I think if it were this easy then everyone would try it. To be honest you would be relying on the creditors sense of fair play and common sense... so.... lol

 

I think they only way to get a Default removed is to get them to back down before a Court hearing or to reach an agreement (says he who got stiffed by Cap1 lol).

 

You can always try to write to them on the above basis but i would head it 'without prejudice' so they can't use it against you later.