Bank of Scotland terminated without default notice and without claiming full balance, Blair, Oliver Scott DCA

[millymollymoo]

Firstly, I would like to say hello again. It has been along time since I have posted. I am not sure if I no anyone anymore.

 

I wonder if any of you could help me on this situation I am in.

 

early sept rang B of S to say I was unable to make the min payment explaining circumstances and offering a token payment. They said they do not accept less and talk to payplan, CCCS or someone else. I made the lower payment anyway.

 

Contacted CCCS anyway and was in process of this [not set up yet though]

 

Never received arrears letters just statements never staing account in arrears or anything just increasing balance and minimum payment. I send CCA request and seperately a Financial statement [edit] to B of S, 6 days lated letter arrived [edit] with no time left to act] [how convenient as no time left!] from Blair, oliver scott.... following the CCA request. I believe their letter has been backdated

...............................................................................................

BLAIR, OLIVER and SCOTT

DEBT COLLECTORS

 

Dear millymollymoo,

 

*****************************************

NOTICE OF LEGAL PROCEEDINGS

SUM CLAIMED: £XXXX.XX

{Funnily enough this amount is the last minimum payment on octobers statement NOT THE FULL BALANCE.]

*****************************************

Retail Bank Collections

Credit Card Account Number: xxxx xxxx xxxx xxxx

 

A Default Notice has recently been issued to you as you are in breach of the terms and conditions of your agreement { emmm never received a default or any other letter bar statemnts???]

 

You have failed to repay the requested amount by the date shown on the notice. As a result your credit agreement has been terminated.

 

We are instructed by our Clients, the above named{emm not mentioned!!!], to institute proceedings against you for recovery of the above sum in your local court.

 

Unless you make payment, or submit suitable payment proposals for payment, within 7 days of this notification [already passed when received on 18th] then legal proceedings will commence withou further notice. as this course of action may render you liable for additional court costs, we trust you will give this matter your immediate and personal attention.

 

PLEASE MAKE CHEQUE PAYABLE AS INSTRUCTED ON YOUR MONTHLY STATEMENT

 

yours sincerely

 

Dawn Hood

Senior Operations manager

 

P.S If you are experiencing financial difficulties, please contact us immediately to discuss the matter. Should you wish independent advice, we recommend that you consult your nearest Citizens Advice Bureau or the Consimer Credit Counseling Services who can be contacted on 0800 138 1111.

 

 

.....................................................................................

 

Right so this is waht I have been sent, now my question. I have NEVER received a default notice at all. B of S NEVER stated that their were arrears on my statemnts, infact the last statement [novembers] is the first to say you HAVE FAILED TO MAKE THE MONTHLY MINIMUM PAYMENT and says you MAY have committed a breach .

They ask for minimum payment in December.

 

NO DEFAULT ENCLOSED NOTHING????

 

 

Next thing following this letter I receive a letter from B OS saying they agree to reduce payments and will lower the interst rate till march. [ a bit odd since they didnt want to help before, dont they know they have terminated my account???]

 

 

They are also over the deadline on the CCA request.

 

Now what I would like to ask is that the official letter from Blair, Oliver Scott states that my account is TERMINATED!! and they have ONLY asked for the minimum payment which I know was missed payments accumalated, {incuded penalty charges]but they never noted that until Novembers statement dated by the way the same date as Blair, Olivers letter exactly.

 

Am I right in thinking that as they have terminated on the minimum payment [arrears not correct by the way as ncluded overlimit amount and this is a lot oversted]ONLY as the sum claimed,they can no longer claim the future balance as the agreement is now not a live account and not claimed on this termination letter above.

 

All help appreciated.

 

 

Milly XXXX

Edited December 7, 2008 by millymollymoo
too much info for BOS if thy are nosing

[banker_rhymes_with]

Hello Milly!

 

The main issue is that you must not give the game away to them.

 

The good news is they seem to have confirmed that the Agreement has been Terminated.

 

Now, what you must try and tease out of them is a Copy of that Default Notice.

 

You can try via £10 and Subject Access Request, but that can take 40 Days.

 

But as they have threatened Legal Action, then you can do more or less the same Request using CPR.

 

The Letter below drafted by Surfaceagentx20 should be suitable (Update: you can't use the letter below just yet, my apologies, I mis-read your Post and thought Legal Action had started, but get ready to use CPR 31.14 as soon as they do start any Legal Action), edited as needed to cover your own situation, because the Letter below was to help someone else out and their situation was not quite the same. Maybe take out the bits in Red and I've added the bit in Green to emphasise that you would like a copy of the Default Notice:

 

Dear Sir,

 

Re :

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated 23rd October, this was received on 30th October 2008.

 

You have indicated that

 

a) You are giving Formal Notice that your client has instructed you to commence court proceedings against me without delay and

 

b) Papers are now being prepared for commencement of action through my local court to seek a judgement against me.

 

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an application form is not a legally permissable substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and willful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted ommisions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

 

[2] Any further or subsequent Default Notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

 

The Default Notice could be key, because if it is invalid, then all they can ask for is any outstanding Payments/Arrears that were due before Termination.

 

Fingers crossed then!

 

Cheers,

BRW

Edited December 4, 2008 by banker_rhymes_with
Duff advice at this stage.

[surfaceagentx20]

The CPR does not come into play until legal proceedings have issued and the use of CPR 31.14 is conditional upon service of the Particulars of Claim upon you. Accordingly, do not use the CPR 31.14 letter just right now.

 

Instead, go the SAR's route to obtain a copy of the default notice and any other data you may be entitled to.

 

x20

[millymollymoo]

Hello banker and x20:)

Thank you both for your replies. I have already sent a letter to the B of S and Blair of which were received yesterday. I hope I have not done the wrong thing:rolleyes: I have said in the letter that i have never received a Default notice or any notice that the account was in arrears as the statements only said minimum payment required bar the last that only said you have failed to make your minimum payment {it was actully missing 4 and yet they never asked for anything on statements or sent any arrears letters] I put them to proof of the said default notice issued. I may of jumped the gun I am thinking and should of waited as I also said that as the account was terminated it was unlawful recission of contract and on the back of no default notice .:roll:

 

I never highlighted the sum as wrong[ and believe me it is MASSIVELY alot less than the remaining balance before termination, however it would take them a nano second to see their error. They will fight I know as the loss is too big for them

 

Have I done a boo:rolleyes: boo:rolleyes:??

 

MillyX

[millymollymoo]

Just thinking what IF they have cocked up and that letter was to induce panic in me but didnt realise themselves that no DN had been issued.

 

I am taking it that the letter quite clearly says my credit card agreement is terminated therefore on that basis it terminated on the sum in the letter surely:confused: Would a judge agree with the amount claimed on that letter or not? The reason is account normally terminate with the Full balnce being claimed. Can they undo their wrong??

[banker_rhymes_with]

Hello Millymollymoo!

 

The key issue is they have Terminated, and you have a Letter that says so. That should pin-point the Date of Termination.

 

Now you need to get a Copy of that Default Notice ASAP to see if it is valid or not.

 

Sorry about my Post above, I had mis-read things and assumed they had started Legal Acton. That doesn't appear to be the case, so the CPR 31.14 Letter is not suitable until they do start Legal Action. Get ready to send it if/when they do.

 

For now, you need to use any method you can to try and see a Copy of the Default Notice, but don't alert them as to why you want to see a Copy. Likewise, try not to say words like invalid if you can avoid it...don't want them getting any ideas!

 

ASAP send them £10 and a Subject Access Request, and sneak in a phrase or two that specifically asks for a copy of the Agreement, Default Notice, Termination Letter, Notice of Assignment etc...all being well, they won't really know why you are asking, and the Default Notice request won't stand out in amongst the other requests, so they'll just send you a Copy without realising why you are asking.

 

The main limiting factor with a S.A.R. is they have 40 Calendar Days to respond to your Request, which is quite a long time.

 

x20 will correct this if I am wrong, but I think you can now use CPR 18 to request the same details, in view of their Threat of Legal Action. That may be a faster (and cheaper) way to get the same information. It should be reasonable to say you'd like the response back within 14 Days, and it could tease out a Copy of the Default Notice a little faster than via Subject Access Request.

 

Cheers,

BRW

[millymollymoo]

Hello Millymollymoo!

 

The key issue is they have Terminated, and you have a Letter that says so. That should pin-point the Date of Termination.

 

Now you need to get a Copy of that Default Notice ASAP to see if it is valid or not.

 

Sorry about my Post above, I had mis-read things and assumed they had started Legal Acton. That doesn't appear to be the case, so the CPR 31.14 Letter is not suitable until they do start Legal Action. Get ready to send it if/when they do.

 

For now, you need to use any method you can to try and see a Copy of the Default Notice, but don't alert them as to why you want to see a Copy. Likewise, try not to say words like invalid if you can avoid it...don't want them getting any ideas!

 

ASAP send them £10 and a Subject Access Request, and sneak in a phrase or two that specifically asks for a copy of the Agreement, Default Notice, Termination Letter, Notice of Assignment etc...all being well, they won't really know why you are asking, and the Default Notice request won't stand out in amongst the other requests, so they'll just send you a Copy without realising why you are asking.

 

The main limiting factor with a S.A.R. is they have 40 Calendar Days to respond to your Request, which is quite a long time.

 

x20 will correct this if I am wrong, but I think you can now use CPR 18 to request the same details, in view of their Threat of Legal Action. That may be a faster (and cheaper) way to get the same information. It should be reasonable to say you'd like the response back within 14 Days, and it could tease out a Copy of the Default Notice a little faster than via Subject Access Request.

 

Cheers,

BRW

 

Hello Banker:)

 

I will do what you suggested.

 

I still think my letter has jumped the gun a bit. It will be interesting to get their response anyway. I bet they are hastily printing a default notice up in reply to the letter I had already sent {wished I had spoken to you first!!}

 

The way I see it is that the amount requested on their letter threatening to start legal proceedings in my first post which states they have terminated is all that they would legally entitled to ask for am I right?

 

If they produce a default letter it will be interesting to see the date of it and the date to remedy action, the reason I say this is ecause NO demands were ever requested by them on their statements, no word saying aout me eing in arrears and as I said the last statement only said and this is the first mention of any problem 'you have failed to make your minimum payment'....you MAY be in breach.....and then just shows a new minimum payment for december which is different to the sum claimed on termination.

 

They have made a lot of mistakes as the sum claimed is Octobers minimum payment not novembers which coincides EXACTLY with the date of their letter sent.

 

I will check out CPR 18 otherwise do a subject access request, although I have probably peed them off with the letter I had already sent as I have already put them to proof of no default notice.

 

The main thing is can they change the sum claimed on the termination letter afterwards or not and in your view are they able to request the remaining balnce now they have terminated?

 

terminated is surely that and they lose all their own rights to enforce any other sum not claimed.

 

Milly XXX

[millymollymoo]

Ok have a reply today 4th december:

just saying they are sorry I am unhappy and may need 4 weeks to respond,

Edited December 7, 2008 by millymollymoo
letter deleted as may identify my case they are dealing with at the moment

[surfaceagentx20]

I am afraid the CPR is off limits until legal proceedings are underway. CPR 18 is of no use. CPR 18 is designed to assist in the clarification of issues in legal proceedings. The only part of the CPR which has practical application pre-action is the pre-action protocol and the general requirement concerning pre-action behaviour.

 

If a letter has already been sent there's little else which can be done until the reply is received. A SAR is still worth doing though I'd say. It might provide you with a bunch of evidence you would find real handy.

 

My view coincides with yours. A termination without prior service of an effective default notice limits what might be recovered to the arrears only.

 

x20

[surfaceagentx20]

Can you post up a copy of your letter to which the one at post no8 is BoS's answer?

 

x20

[banker_rhymes_with]

Thanks x20!

 

CPR 18 is mentioned on CAG a lot, and probably incorrectly.

 

I think you'll agree the key is to hope they don't invent a valid Default Notice after the event.

 

Cheers,

BRW

[millymollymoo]

Thanks x20 and banker. The letter it relates to is bits and pieces I picked up on here. I do not want to post it up as they are nosy,but if you PM me with your email addresses I will send it via email. Think I may of jumped the gun a bit though as i quoted the woodchester case etc..

 

I am getting the S.A.R off tomorrow unless they can change dates on the computer as in issuing a backdate default new notice,then this will be interesting.

 

can you believe how stupid they are though. This is a massive error to terminate just claiming that tiny amount. If they do circumvent a default notice then it would be inconsistent with their bank statements which never mentioned arrears at all and they would have to answer why the Blair letter stating termination had only asked for the minimum accumalated missed payments.

 

 

my belief is this was a standard template letter and they only meant to ask for arrears to panic me. However did not check as to what template they were using and it said TERMINATION.

 

Milly x

Edited December 4, 2008 by millymollymoo

[millymollymoo]

Oh one other thing what extra things shoukld I put it to the standard template S.a.r on here to ask for default notice etc.

 

 

oh by the way they are over their deadline for the CCA too!

[millymollymoo]

I am afraid the CPR is off limits until legal proceedings are underway. CPR 18 is of no use. CPR 18 is designed to assist in the clarification of issues in legal proceedings. The only part of the CPR which has practical application pre-action is the pre-action protocol and the general requirement concerning pre-action behaviour.

 

If a letter has already been sent there's little else which can be done until the reply is received. A Subject Access Request is still worth doing though I'd say. It might provide you with a bunch of evidence you would find real handy.

 

My view coincides with yours. A termination without prior service of an effective default notice limits what might be recovered to the arrears only.

x20

This I particulary like. :-D:-D:-D

[millymollymoo]

OOPs I meant to say the BANK of SCOTLAND and Blair are NOSY in reference to pasting the letter I sent!!!!! not the peeps on here !!!!!!!

[millymollymoo]

Sent S.A.R request off to the mound, edinburgh. tick tock...

 

Shall I send a non compliance letter regarding the CCA request that is over its deadline or not?

 

milly XXX

Edited December 7, 2008 by millymollymoo

[millymollymoo]

Received what they believe is a valid CCA, a pile of poo no signatures boxes nothing stating that under section 78 of CCA that they are not required to provide a copy of the original. That may be true however this is clearly staing 'conditions of use' on this alleged agreement . The two pages are not connected and in completely different fonts, and there is actually no space for signature boxes at all. I also;)know it is not a true copy;).

 

There is also another apparent agreement all looks like current terms and conditions, this however does not match my current card.

 

Have already sent last week S.A.R requesting the agreement in there so they will have to provide a true copy with signatures.

 

Oh interestingly they have enclosed statement of account so yes it seems they are ignoring the fact of the terminated letter they sent where they completely cocked up, as the original balance is hown along with arrears etc etc and still processing the account as normal.

 

Sorry but I have a letter that states account terminated a month ago.

 

Milly XX

[millymollymoo]

Hello anyone???????????

 

Milly:(

[banker_rhymes_with]

Hello Milly!

 

I think it's a waiting game for you at the moment, as you are now waiting for the missing pieces in your jigsaw puzzle.

 

If they said the alleged Agreement has been Terminated, and I know you have a letter to that effect, then at least you can pin-point the Termination Date (to within a couple of days).

 

The Big Numbers

 

Now you need to gather the missing bits between when you first signed up to what you thought was an Agreement, and the above Date of Termination that ended the alleged Agreement.

 

For example:

 

==============================

 

XX/XX/XXXX = The alleged Agreement (TBA)

 

--> A Total of all Spending/Purchases (TBA)

 

--> B Total of all Interest Charged (TBA)

 

--> C Total of any Unlawful Charges (TBA)

 

--> D Total of all valid Charges (TBA)

 

--> E Total of all Repayments (TBA)

 

 

The Balance of the Agreement = (A + B + C + D) - E

 

 

The above Balance can be analysed further:

 

--> F Total of Missed Payments/Arrears (TBA)

 

--> P1 = Total Payments due before Termination.

 

This total P1 will be equal to F if there are no unlawful charges, or it will be equal to F minus C if there are unlawful charges.

 

--> P2 = Total Payments due in the Future while the Agreement is live, or due for Payment upon lawful Termination.

 

This total P2 will be the Balance of Agreement less P1.

 

XX/XX/2008 = The Default Notice (TBA)

 

The Default Notice should state P1 as being the amount you needed to Pay to remedy the default that caused the Creditor to issue a Default Notice. The amount P1 needs to be accurate. P1 must equal F for that to be the case. If however there are unlawful charges (C), then P1 cannot equal F, and the Default Notice is then highly likely to be invalid on that basis alone. The degree of error will determine if the Notice is invalid, an error greater than 38.71% will exceed the Default Notice error noted in Woodchester v Swayne and Co 1998, so can be considered invalid based on that precedent. Below 38.71% margin for error, and there will be a debate if the error is significant enough to invalidate the Default Notice, or if the error is just de minimis.

 

de minimis = de minimis non curat lex, a Latin phrase meaning the Law does not care about very small matters. This is not very helpful, and does not actually say how small an error needs to be before it can be considered de minimis.

 

The Default Notice should be set out in the Prescribed way.

 

The Default Notice should allow you 14 Clear Days (assuming it was issued in 2008 ).

 

XX/XX/2008 = The Date of Termination

 

==============================

 

 

How can the above be used to help?

 

You are missing all of the bits in Grey above, but once you gather them, then you can proceed as follows:

 

If the Creditor has a valid Agreement, and they issue a valid Default Notice that complied with s88, and then Terminated the Agreement once you failed to remedy the default outlined in the Default Notice, then s87 allows them to seek Full Payment of the whole Balance of the Agreement. That will be made up of Payments Due before Termination (P1), plus Payments that were only due after lawful Termination (P2).

 

However, if the Creditor does not have a valid Agreement, then there may not be a Debt in the first place. So, that is a key issue you need to try and establish via your s78(1) Request and via your S.A.R.

 

If they do have a valid Agreement, then the way they Terminated the Agreement is going to be very important indeed.

 

A lawful Termination entitles them to seek full Payment of the whole Balance of the Agreement (P1 + P2).

 

Whereas an unlawful Termination should limit them to being able to seek Payment of only P1 because they will not then be able to enjoy the benefits of s87. Remember too that P1 has to be accurate, if there are unlawful charges (C), then they will reduce P1, and could give rise to a Refund Claim if C is greater than P1.

 

At the moment, only the Date of Termination is probably known, and the Date for that should be on, or just before, the above letter from BOS DCA. Be aware that the actual Date of Termination could be a few days before their letter, as it could depend on when the Creditor marked your file as being Terminated. Hopefully, your S.A.R. will show that date more accurately but, for now, the Date on the BOS DCA letter that confirmed your alleged Agreement had been Terminated is accurate enough.

 

The items in grey are what you ought now to try and establish, so that you can fill in the blanks until you have a good overview of the alleged Agreement from Day One until the Date of Termination.

 

If you still have all of your Statements, then the items A to E above can be established, albeit that it may take you a little while to go through the Statements in order to pull out the main figures.

 

If you do not have your Statements, then you'll need to wait for your S.A.R. to come back which should hopefully provide the missing figures.

 

The big numbers are important, otherwise you won't know where you are with the alleged Debt. Once you know where you are, you can then examine their figures to see if they have made any howling errors!

 

Don't get bogged down in the detail, it's just the main Categories that you need to know. For example, if you subtract E from A, that will tell you if you've spent more than you have ever repaid, or if you have repaid more then you have ever spent. In many Credit Card examples I've looked at, people are often quite shocked to find that they have actually repaid more than they have ever spent, so the alleged Debt that now remains is effectively the sum total of the Creditor's Interest and Charges.

 

If they do not have a valid Agreement, then there is no Debt. This is because you are not liable for that Interest or those Charges unless there is an Agreement that binds you to paying them in the first place.

 

If they do have a valid Agreement, then there is a Debt, or at least there was a Debt prior to Termination.

 

How they went about Termination is key, because it can make the difference between you owing the whole Balance, or just the Arrears, or quite possibly them owing you something depending on how the big numbers above work out.

 

This is a little complex, but if you work through what I have said above, it may start to make sense.

 

I hope this helps.

 

Cheers,

BRW

[millymollymoo]

Hello banker:) I received an arrears letter yesterday on the account now with just two missing payments instead of 5 which it should be. I never received one of these before the letter terminating my account nothing infact. This does not even make sense with the statement I received, completely wrong amount as to what is arrears and I also received a bank statement charging NO interest. WHAT ARE THEY PLAYING AT STILL PROCESSING THIS ACCOUNT!!!!!!!!!!!!!!!!!

 

I believe they are trying to ignore the termiation that was stated in Blair, oliver scott letter as they have realised the costly error and they are trying to go ahead and default for the full balance to try and claim it as though that letter was never sent.

 

Never had a default and am waiting for the S.A.R to see the information, but I do not believe their was one, but they have until 17 january to send that, something tells me they will not comply. By the way a similar thing has happened on another thread about blair, oliver. scott and the Bank of Scot admitted they had not sent a default notice.

 

I feel I should write a letter as it would look like I was not concerned at their devious actions.

 

If the account is terminated on just the arrears and they failed to claim the full balance then that is their own fault. If they did not send a default notice [which I will find out from the S.A.R] then they failed to correctly follow the correct procedures in enforcement and mistakenly allowed a letter to be sent by blair, Oliver, scott in post 1, saying the account is terminated.

 

If this is so then this is unlawful termination am I correct????

 

 

I would think that they have blown all rights to collect the future balnce as this WAS NOT asked for on the letter above just the arrears which does contain penalty charges by the way. The letter clearly says your credit agreemnt is terminated. No judge can surely say ' oh they made a mistake and they are entitled to the full amount '

 

Terminated means end so no agreement anymore{and what they sent as the supposed agreement is terms and conditions of use and that it is a conjectured reconstruction] with many errors and I KNOW this as a fact;) It also contained no signature box or signatures, but then it wouldnt as it was terms and conditions and they had added in a different font my name and address and theirs.

 

 

what I want to know if they have not sent any default notice but terminated by mistake lets say , could they be allowed to reinstate withot my agreement?

 

I beleive that they know they have made a mistake and are just ignoring that letter. This is in writing though and that cannot be ignored.

 

 

 

I also would like to send a letter as I do not think that any judge would think I took any action to correct the situation. What do you think.

 

Milly XX

 

 

 

What on earth are they playing at???

Edited December 14, 2008 by millymollymoo
spelling is awful sorry

[banker_rhymes_with]

Hello Milly!

 

I think the best plan is to just play this slowly and gather the information outlined in Post #19 above.

 

There is no need to chase them up, let them write what they want for now.

 

Your main task is to get a copy of any Default Notice they may've issued before BOS DCA advised the alleged Account was Terminated.

 

Don't make it too clear why you want this, but see what comes back in the S.A.R. first, and then chase them for anything they missed from the S.A.R.

 

Check your Credit Files too, as they may show a Default, so another potential way to get at that Default Notice is to write to the CRAs moaning the Default is invalid, please send you a Copy of the Notice they claim you failed to remedy.

 

But, whatever you do, don't start telling them, yet, what they may or may not have blown.

 

The two things you need to try and get are the Default Notice and a Letter saying the alleged Agreement is Terminated. You have one already, so you just need the other bit!

 

If BOS admit they never sent a Default Notice, even better, as that'll make the Termination all the more unlawful.

 

But do play this so that you get what you need without alerting them as to why.

 

Hope this helps.

 

Cheers,

BRW

[millymollymoo]

Thanks banker:)

 

my opinion is they know and are trying to backtrack as their behaviour is now sending a arrears notice with oft notice and only claiming that there are TWO payments missing november and december. [trying to enforce by the CCA regulations requirements]They are trying to ignore that mistake though there is no letter yet admitting that.

 

They are playing a dangerous game in my opinion as this could be deemed unlawful as well, mistating arrears now to try and then reterminate the account. {i have a Very strong feeling thats what they are up to in view of the future balance they did not claim on termination]

 

I have a letter from them dated july that I didnt mention and the arrears then were what they are claiming in this NEW arrears notice. I never received anything else, no default, no more arrears nowt and then the blair, oliver scott letter notifying termination on a sum that was equal to the arrears at that time [5 missed payments]

 

So you see what I mean I paid two teeny weeny amounts so the new arrears notice 6 months later is completley a farce. The statements backs it up to as well as the credit file.

 

 

I will wait and let them carry on as it will look all the more terrible for them.

 

I checked my credit file and it showed a delinquent balance three weeks ago for november 4 in arrears in abig fat red[which I printed for evidence incase they change it] no default and none shown as of today. i have an online account with all three agencies;)

 

It has all the markings of being an unlawful termination.

 

Milly X

[angel_1]

hiya milly

 

am subscribing to this thread, had a final reminder and i must act now to prevent legal proceedings, but then it states that despite prev reminders and a Default notice, i have failed to repay the req amount by the date shown on the notice, and so as a result they have terminated my credit agreement.

 

is this the type of sentencing similar to your termination letter, and by the way i got the letter 8 days after their letter date

 

which is after the due date i should have paid anyway

 

im rather hoping it is a full termination letter,

 

good luck with your sars, take care laters angel x

[millymollymoo]

Hiya Angel:)

Yep sounds exactly the same. Mine was from Blair,Oliver,Scott. How much are they asking in the final sum is it the whole balance, cos they made a BIG mistake on mine. I got mine 8 days later too.{to make you panic!!]

 

By the way as it says your credit card agreement has been terminated. Then take it from me that is a letter infornming you of termination. same thing:D

 

I heard from HBOS to say they are dealing with my S.A.R

 

Also, still waiting for their reply to my complaint and 4 weeks is nearly up!

 

I have sent them a letter today concerning the processing of the account and a S10 data protection notice and told them that as the account is terminated thaey are unable to do this and any future letters asking for the minimum payment { what a laugh!!!] will be ignored. I know banker advised to ignore them, the thing is I feel that if I do not ask why they are doing this [sending a monthly statement, arrears letter etc] then if it ends up it court then the judge may not be toi impressed with my pre action protocls. i.e why did I not advise them of the problem.

 

Oh well I feel it is right in my circumstances as it will make them look bad when they attempt to send a default notice on a terminated account and we all know why they want to do that.

Edited December 19, 2008 by millymollymoo
extra info

[millymollymoo]

Hello Milly!

 

I think the best plan is to just play this slowly and gather the information outlined in Post #19 above.

 

There is no need to chase them up, let them write what they want for now.

 

Your main task is to get a copy of any Default Notice they may've issued before BOS DCA advised the alleged Account was Terminated.

 

Don't make it too clear why you want this, but see what comes back in the S.A.R. first, and then chase them for anything they missed from the S.A.R.

 

Check your Credit Files too, as they may show a Default, so another potential way to get at that Default Notice is to write to the CRAs moaning the Default is invalid, please send you a Copy of the Notice they claim you failed to remedy.

 

But, whatever you do, don't start telling them, yet, what they may or may not have blown.

 

The two things you need to try and get are the Default Notice and a Letter saying the alleged Agreement is Terminated. You have one already, so you just need the other bit!

 

If BOS admit they never sent a Default Notice, even better, as that'll make the Termination all the more unlawful.

 

But do play this so that you get what you need without alerting them as to why.

 

Hope this helps.

 

Cheers,

BRW

 

 

Hi banker i know what your saying, but they know their mistake its a big one and they are running the account in my opinion for their own means to reterminate the account for the full balance and that is unlawful. I cannot see how they can explain there actions as the letter clearly states terminated, therefore they have reactivated my account without my permission or signing a new credit agreement.

 

I have asked for the default notice in my S.A.R which they have confirmed they are processing the S.A.R now. whether this contains the default notice I will find out.

 

I have sent a letter as I am concerned of what a judge may think if I did not ask them why they were still processing my account and a S10 notice. if I ignore this I feel if would look bad on me. The default notice has been asked for in the original letter I sent after termination letter and in my S.A.R.

 

Not heard apeep from Blair, Oliver, Scott as they have probably handed it back.

 

Milly X