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

[cleo4patra]

Hey all its been a looooooooooooooongggggg time. I'm back after being very ill hopefully will be ok now. Glad to see you kept my thread going

 

To let you know my BOS has been passed from one debt collector to another. HIlarious they all give up once pushed proves they know they have nowt!

hey mmm - good to hear from you again - cleo

[Bigdebtor]

I have had a personal vendetta against HBoS for rather a long time now and ever since I tied them up over the way they treated me and and the condition of their 'accounts' every time they come after me on it they keep hitting the canvas, l=just like van Gogh on a good day!!

 

Can you tell us what's in your boxing gloves? We all need to get some new lead coshes for ours following the SC ruling and doubt about the rest of UTCCR being any use.

 

BD

[cleo4patra]

Hi cleo here - anybody heard anything?? I havent' had anything at all from BOS - gone off the radar????

[fdpm]

BOS haven't given up - they're taking me to court in a couple of weeks over the preference account - my main defence is that they are saying it is a bank overdraft and I'm arguing it is a credit card - and just now as sorting through the huge pile of papers to get ready for the court I have found a letter dated 8th that states the account is terminated due to my ignoring the DN sent on 2nd! I'm hoping this is good news for me?

[cleo4patra]

Hi

 

what are the dates of the default notice and the date they have given you on that notice to pay by - also what is the date of the termination notice. For a default notice they have to give you enough time to remedy ie 14 days AFTER the date of service.

[Bigdebtor]

BOS haven't given up - they're taking me to court in a couple of weeks over the preference account - my main defence is that they are saying it is a bank overdraft and I'm arguing it is a credit card - and just now as sorting through the huge pile of papers to get ready for the court I have found a letter dated 8th that states the account is terminated due to my ignoring the DN sent on 2nd! I'm hoping this is good news for me?

 

You should read through Pinky69's Invalid Default Notices thread. It's very long so if you don't have time to read through in full then search for Diddydicky and Vint's posts - lots of great ammo in these re dodgy DN's and TN's.

 

Good luck!

 

BD

[vint1954]

Overdrafts are tricky. Below is a post from moondover.

 

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the aount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

Overdrafts come under section 10 of the Consumer Credit Act.

 

10.—(1) For the purposes of this Act—

(a) running-account credit is a facility under a personal credit agreement whereby the debtor is enabled to receive from time to time (whether in his own person, or by another person) from the creditor or a third party cash, goods and services (or any of them) to an amount or value such that, taking into account payments made by or to the credit of the debtor, the credit limit (if any) is not at any time exceeded; and

(b) fixed-sum credit is any other facility under a personal credit agreement whereby the debtor is enabled to receive credit (whether in one amount or by

instalments).

(2) In relation to running-account credit, " credit limit" means, as respects any period, the maximum debit balance which, under the credit agreement, is allowed to stand on the account during that period, disregarding any term of the agreement allowing that maximum to be exceeded merely temporarily.

(3) For the purposes of section 8(2), running-account credit shall be taken not to exceed the amount specified in that subsection (" the specified amount") if—

(a) the credit limit does not exceed the specified amount; or

(b) whether or not there is a credit limit, and if there is, notwithstanding that it

exceeds the specified amount,—

(i) the debtor is not enabled to draw at any one time an amount which, so far as

(having regard to section 9(4)) it represents credit, exceeds the specified

amount, or

(ii) the agreement provides that, if the debit balance rises above a given

amount (not exceeding the specified amount), the rate of the total charge for credit increases or any other condition favouring the creditor or his associate comes into operation, or

(iii) at the time the agreement is made it is probable, having regard to the

terms of the agreement and any other relevant considerations, that the debit balance will not at any time rise above the specified amount.

 

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

 

If they sent you a DN then it should say, issued persuant to s87 CCA 1974 of similar.

 

The DN is your best defence if faulty. If they go on to terminate, then this can be unlawful rescission. Need to know the dateds of the DN though.

[24233513afw]

Subbing: in same position with DN on Preference account tussled back and forth to \Moorcroft Wescot & Iqor.

[Ricardino]

Hi All,

can't get my head round this (and maybe vint can help me out here) as have a DN which requests full outstanding balance, as detailed in the breaking of the agreement (new T&C's but NOT original mind) which was issued with the correct time frame for remedy as appropriate. Have a general judgement hearing coming up as both sides applied for SJ. My arguement is the agreement (reconstituted) is pure fiction. Didn't refer to recission of contract, and it's a long while back now, but should this be pointed out for extra ammo?

Also after the BOS v Robert Mitchell [2009] transcripts if anyone knows where they are available to download as this seems to me a strong defence to unenforceable agreement.

please can someone also advise what IMHO stands for?

Thanx R

[emandcole]

IMHO - In My Humble Opinion

[vint1954]

If they have demanded the full ballance of the account in the first DN, then they should be sunk.

 

s87-88: They MUST give you 14 clear days to rectify any breach. That is the law as laid down and strengthened by parliament not their terms and conditions. The breach being non payment of monthly sums. If you rectify the breach as detailed in properly laid out DN, then it is treated as if the breach had not occurred. By demanding the full ballance, you have no possibility of rectifying the breach.

 

The point that you need to force accross to any wayward judge or opposition is that this is not a point that can be debated as minor, but is the law laid down by parliament and reinforced in 2006 by increasing the required period to rectify to 14 days, clearly stating the breach and how to rectify it.

[Bigdebtor]

Vint

 

Two months ago I would have agreed with you 100% - but after the recent perverse judgement letting the OC re-issue a DN a often as he wants until he gets it right I'm not so sure. Have you been following Pink69's Invaild Default Notices thread on this topic recently?

 

BD

[Undercover-Elsa]

Even worse, a judge has just refused Costa's appeal application, stating that the DN is served "on the day of posting". Utter utter rubbish, which will I believe be appealed.

Who ARE these 'kin people - presuming to judge without taking the slightest trouble to study the subject? they know less about the CCA than the average Cagger.

We'd be better if the whole process was computerised according to prescribed legislation.

 

Or maybe we could ask Camelot to decide on the basis of a load of balls spewed out by a mindless automaton.

Which brings us nicely back to the court system...

 

Yours exasperatedly,

Elsa x

[panty54]

Big debtor could you please give a link to Pink69's thread - I have searched for it to no avail and it may be very relevant to my situation. Thanks Panty

[Bigdebtor]

Big debtor could you please give a link to Pink69's thread - I have searched for it to no avail and it may be very relevant to my situation. Thanks Panty

 

Panty

 

Here is the latest post. I think you were searching on the wrong poster name- actually Pinky69.

 

You will see there has been some controversy recently after the perverse Bannion ruling - but IMHO this applies to a very specific and unusual set of circumstances and should be overturned on appeal in December (6th?).

 

Good luck!

 

BD

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices&p=3174788&viewfull=1#post3174788

[millymollymoo]

oops I spoke to soon when I last posted...was ill again:x I don't know if any of you are still around but I certainly need your help

[Desperate Daniella]

Hi Milly,

 

I'm so sorry you've been ill again. I've not been around too much over the last few months either, though a little more in the last couple of weeks.

 

I'm off on the school run in a minute, but what is happening?

 

Love,

 

DDxx

[Desperate Daniella]

Are you okay, Milly?

[millymollymoo]

Hello there Daniella

 

How are you?? I was very ill and ended up in hospital in London unfortunaetly. Hopefully all is well now and that it is sorted. God I don't think i'd wish that on my worst enemy !!!

 

I have alot of catching up to do , so have been busy reading !

 

I am trying to find a good letter to claim PPI for my O/H, however cannot seem to find one on here The site has changed alot.

 

I have a penalty charge claim as well as this PPI and am wondering if the template has changed at all. I have gpt aletter ready but am alittle concerned incase things have changed.

 

If you could point me in the right direction Xxxxxx

 

Milly XXX