FDPM WELL -V-BOS (Preference Account) ***WON***

[andrew1]

I had/have a Preference Account taken out in 2001 - Bank of Scotland, all the same as you guys have. In May 2007 I started to get DCA letters from Legal and Trade showing the client as Capital Bank with all new account numbers.

 

I know BOS took over Capital Banks accounts, but mine was BOS a/c, I had no assignment details so why has this moved from one company to another? Are they doing a Paul Walton/Sparkie on us and shifting funds into separate 'router' accounts aka RBS? Now I have a goodbye letter from BOS using the new account number assigning over to 1st Credit....something fishy going on here - anyone any ideas? because if these are being sued under the wrong names me thinks they are in trouble. Check out your paperwork. Even Capital Bank has it's connotations which I'll come back to, but check who's suing you and post up the company number, somethings not right.

[fdpm]

I'm definitely being sued by BOS - The Mound.

 

Though my original application form was for Capital Bank plc and it was taken out in 1998? So I am with you on that - I definitely never received any Notice of Assignment - I have always assumed that Capital Bank was a sub-division of Bank of Scotland...

[reallymadwoman]

Though we didn't include it in the defence, I think you need to raise this in your witness statement since at the moment you have no evidence that any money is owed to Bank of Scotland.

 

When does your bundle need to be submitted to the court?

[tanqueray74]

at last i found thread to do with this horrible account from what seems to be a mystery of how it came about, i think i have found a photocopy of my agreement stating the original loan for 4000 no date or my signature it dates back to 1997. The preference card must have come sometime after and again i have no recollection of signing such agreement ! help1

Do i need to start a new thread or can i take advice from here ! I have most of my statments from 2000 but not all, no hardcopy of original agreement but the only agreement i've seen (as a photpocopy with no signature or dates )I have used this card as a way of living in the last couple of years due to a nasty split with my partner. I am struggling to pay the minimum payment which seems to only pay off a small amount off the capital as the interest rates must be very high ( although i don't know the APR cos its never stated it )

[Fred Bassett]

at last i found thread to do with this horrible account from what seems to be a mystery of how it came about, i think i have found a photocopy of my agreement stating the original loan for 4000 no date or my signature it dates back to 1997. The preference card must have come sometime after and again i have no recollection of signing such agreement ! help1

Do i need to start a new thread or can i take advice from here ! I have most of my statments from 2000 but not all, no hardcopy of original agreement but the only agreement i've seen (as a photpocopy with no signature or dates )I have used this card as a way of living in the last couple of years due to a nasty split with my partner. I am struggling to pay the minimum payment which seems to only pay off a small amount off the capital as the interest rates must be very high ( although i don't know the APR cos its never stated it )

 

Best to start your own thread tanqueray. There are quite a few threads on here to do with the preference card account. Here's mine too: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/94614-fred-bassett-bank-scotland.html

 

Regards.

 

Fred

[kel123]

Tan be carefull as we have discovered not all of these accounts are the same. Mine is slightly different to FDPM & RMW circa 2002

[Fred Bassett]

I'm in the middle of writing my witness statement for FDPM. One thing that occurs to me is that I had something called 'Creditcare Cover' which was another rip off. However, I've seen no document referring to what this is exactly. There may be some clues in there. Does anyone have a copy of a Creditcare agreement?

 

Fred

[Fred Bassett]

Well I've done my witness statement. This includes letters from Iqor, Wescot and Bank of Scotland themselves, all referring to this account as a credit card. There are also extracts from four separate credit reference agencies also referring to this as a credit card or credit card/store card.

 

How much more evidence could a court need to prove that this is not a bank account?

 

Fred

[fdpm]

I'm going to be compiling my bundle for court over the next couple of weeks so any advice or further help offered will be gratefully received.

 

I am totally indebted to RMW and Fred B for their witness statements...

 

and also to the whole of this site for all the wise, honest people who's help and advice is so freely given.

 

Wish me luck... I am determined!

[reallymadwoman]

When does the bundle have to be filed and served?

 

I think it would be a good idea to serve witness statements on the other side a.s.a.p. and find out if they're going to insist that witnesses attend.

 

Incidentally, and entirely without prejudice to any other case that might be in the pipeline, I've found the paperwork that came with the loan/account application (it's amazing what was in my loft!) and the default notice.

 

The original paperwork does not describe the preference account at all, and the default notice refers to it as a 'credit account' not a bank account. I will amend my statement accordingly before I post it to you.

[fdpm]

I delivered a bundle of stuff to ****'s s****y offices last week, including the copy of the letter where BOS have terminated my account, 6 days after they allegedly sent out their dn.... and guess what? They have written to me today offering me the opportunity to pay a 'reduced' amount in full and final settlement - without prejudice of course!

 

So, what should I do...ummmm.... pay them and forget them or go to court after spending hours on research to see them squirm! Tough decision eh?

 

I don't think so.

[Fred Bassett]

When does the bundle have to be filed and served?

 

I think it would be a good idea to serve witness statements on the other side a.s.a.p. and find out if they're going to insist that witnesses attend.

 

Incidentally, and entirely without prejudice to any other case that might be in the pipeline, I've found the paperwork that came with the loan/account application (it's amazing what was in my loft!) and the default notice.

 

The original paperwork does not describe the preference account at all, and the default notice refers to it as a 'credit account' not a bank account. I will amend my statement accordingly before I post it to you.

 

Hi RMW,

 

Did you take out the 'Creditcare' with this? If so, do you have any paperwork for it? I think this could hold some clues. The word 'creditcare' in itself seems to be a clue.

 

Regards.

 

Fred

[tanqueray74]

Tan be carefull as we have discovered not all of these accounts are the same. Mine is slightly different to FDPM & RMW circa 2002

Can you elaborate ? ! I've got an old of a 'copy' of my credit agreement from 1997 ! And nothing about my preference account card !!! Help please !!

[tanqueray74]

When does the bundle have to be filed and served?

 

I think it would be a good idea to serve witness statements on the other side a.s.a.p. and find out if they're going to insist that witnesses attend.

 

Incidentally, and entirely without prejudice to any other case that might be in the pipeline, I've found the paperwork that came with the loan/account application (it's amazing what was in my loft!) and the default notice.

 

The original paperwork does not describe the preference account at all, and the default notice refers to it as a 'credit account' not a bank account. I will amend my statement accordingly before I post it to you.

Hi

What a great Username !!

I could do with your help !!

Please !!

Edited March 30, 2010 by tanqueray74
wrong quote

[fdpm]

WE WON!!!!!!!

 

I got a letter today from **** Solicitors stating:

Our Client has instructed us to discontinue the Claim and we enclose a Notice of Discontinuance to that effect. We have also asked the Court to vacate the Hearing on xxxxx

 

Thank you again for all your support, your help and well, what a moment to savour!!

 

Regards

 

Liz

[Blossomandebony]

Hi, FDPM,

 

Well done! Did you pay the settlement figure or did they just buckle and give up? I'm asking because if they have just given up, without you signing a settlement form, you should put in a claim for costs asap. You would be surprised what you will get awarded when a creditor pulls the plug on a claim!

 

BAE

[MARTIN3030]

Well done-thread title changed.

[fdpm]

They caved... so how do I go about claiming costs because I spent two days compiling this latest defence, plus about five hours research... so I would definitely be interested in this...

[42man]

Great news FDPM, well done...here are a couple of threads on wasted costs

 

PART 38 - DISCONTINUANCE - Ministry of Justice

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/134172-sharpman-nationwide-credit-card-6.html#post1805020

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163222-welcome-cohens-case-withdrawn-12.html#post2171743

[Fred Bassett]

YEEHAAAAHHH! Fantastic news! Happy Easter!

 

Regards.

 

Fred

[Delfi101]

And a very big from me too.

 

Well done! Another bunch of scumbags get to feel the CAG force

[supasnooper]

Congrats and well done FDPM.

 

Now go and get those wasted costs !

 

I see 42man has posted some links to costs; I'll add a few more.

 

Have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

 

Enjoy your Easter weekend.

[Tonka99]

Hello FDPM

 

You have made my day have a large G&T :D:D

 

Enjoy your Win you deserve it

 

Happy Easter

 

Regards

 

Tonks:)

[reallymadwoman]

And there I was looking forward to a day trip to sunny XXXX at their expense!

 

Seriously, congratulations. The only way it could have been better was if we'd got a court ruling that these accounts are credit cards.

[Fred Bassett]

And there I was looking forward to a day trip to sunny XXXX at their expense!

 

Never mind - it will probably be raining anyway. The only problem now is that we can only really guess why they didn't go ahead, but I think it's a very strong possibility that they realise they can't get away with fooling anyone that it's not a credit card. I bet they are busily looking around for victims who aren't members of the CAG now.

 

Regards.

 

Fred

Edited April 4, 2010 by Fred Bassett