Preference Account Holder since i took a loan out !!! HELP!

[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 ) Can anyone advise me on this ?!!

[fdpm]

Hi tanqueray and welcome to the BOS mire... I am currently being sued by these BOSterds and am reading as much as I can around the forums... which is what I recommend for you to do - there are loads and loads of people on here fighting BOS, so you will find loads of answers and ideas and letters templates...

 

Good luck -

[tanqueray74]

Cheers for the Welcome to BOS mire seems a bit on the quiet side ! I've been reading and printing templates off for months now ! Still waiting for Capital Bank to respond to my SAR ,but 40 days aren't up yet !

Qu 1 Should i stop paying my monthly payment or will this just upset the apple cart ?

And can i also verify that this preference account is now been declared by the Bank after the insistence of CMS saying that they need to be specific about their account?

And if there's anything that i can help with?

Good Luck too !

Just thought i'd read somewhere that BOS preference account holders were joining forces ?

Help !!

[tanqueray74]

it all comes under multiple loan agreements,this alone now changes the whole situation...if possible could you post up each agreement but remove all data that can identify you...

Edited March 25, 2010 by tanqueray74
this was copied to be snippet of another caggers i was trying to quote

[tanqueray74]

Bump

[fdpm]

Hi tanq, not sure wha tyou are asking here?

[tanqueray74]

Hi thanks for replying !

An update since i've been unclear in my thread.

I have sent a SAR with a £10 cheque to Capital Bank and on the last day of the allowed 40 i receive communication , in the shape of a list of transactions from the start of the loan to the end of it and only one default ( NO default notice served ). But this isn't my issue, the Preference Account that derived from this account ! They say they hold no other information other than the loan ??? !!! This confuses !!

I still have had to use this card as a way to survive the rollercoaster, no realising the APR and the min payment only just covering the high interest- i have no recollection of signing for such card, and this account has stopped me obtaining credit due to the debit card facility at the cash point - but EXPERIAN classing it as a credit account !! What can i do ? I'm on the sick waiting for a back operation, my stress levels and my money worries are not helping !

Would love some help ? Advice ? direction - Heads in shed !

How can i ask for help from Mr Bassett himself or Abbey or Site Advisors ?

[citizenB]

link to FDPM WELL's thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/231206-fdpm-well-bos-preference-4.html

 

tanqueray74, you would be best advised to read the thread above and many others in this situation.

[Fred Bassett]

Hi Tanqueray,

 

Have you sent them a SAR or a CCA request? The CCA request is the one to send them if you are after a copy of the credit agreement. If you have asked for this under the Consumer Credit Act and they fail to provide it, you are then within your rights to withhold payment. Bear in mind that it is quite possible they will come up with something after quite a long period of time.

 

Once you get something, post it up here and remove the personal details, then folk can advise you.

 

Regards.

 

Fred

[tanqueray74]

Hi Fred Bassett

Sorry for long delay in reply, didn't think anyone could help me so buried my head the sand again ! I have finally had a reply from the the bank ( only after using the address given to my by EXP ). My argument is similar or the same as most i've read74

• took a loan in 1997 from Kays linked to this C Bank
  
• Signed one side of agreement (loan side)
  
• Pref account not signed
  
• in DSAR a Data Protection letter re. Cap Bank ref Pref account signed by me 2 weeks later - thinkin i was confirming loan ! (never seen it before)
  
• Repeated failure to obtain credit due to numerous cash withdrawals from what i thought was a CURRENT ACCOUNT
  
• Credit Ref agencies - have account logged as credit card account ??
  
• No APR on statements
  
• Credit limit increased without my knowledge or any investigation into my personal finances
  

I don't want to shy away from debt i owe but, seemingly i have obtained a 'current' account i haven't asked for ; i already have a current account ' lloyds .

After reading the Bank Code |Regs this acount seems to be way off the mark !!

Please help me ! - Been paying off my min payment for years ( rarely looking at my accumulating debt balance) but have since October been waiting for a back operation and struggling to pay

Not sure what action to take next !

[fdpm]

Hi Tanq

 

Long time no speak - I won my fight against BOS and put together a very in-depth defence which I am more than happy to share with you - Its on my main pc (i'm using laptop) so I will send it to you if you can send me via a private message, your email adress?

 

To be very honest with you, my partner and I made a decision in November 2008 that we were not going to pay any of these credit cards again. We worked out that over the years we had repaid the monies we had borrowed by 000s and they were not getting any more out of us... (we were exceptionally broke at the time and struggling)

 

Anyway - we were initially bombarded with hundreds of phone calls so we changed our phones... then we got millions of letters which we have chucked in a box file.

 

Now and again we get another 'threatening' letter from one of the nasty debt collection agencies... but we ignore them

 

I was issued a Stat Demand which I defended and it was withdrawn and never heard anything since and then BOS Preference issued a summons which I again defended... and they withdrew and ended up paying me costs.

 

So... it is up to you but if you ignore the threats and focus on making the best defence you can... life seems less stressful.

 

I will gladly help any way I can.

 

Cheers

[tanqueray74]

Hi FDMP WELL

 

Cheers for the fast response ! Wish i had ,had some of this advice / guidance before ! Do u think it's worth pursuuing ?

[Fred Bassett]

Hi tanqueray, if you've asked them for a copy of your agreement, particularly in regard to the fact that you are asking for it as is your right under the consumer credit act 1974, they won't be able to provide it. So it's simple, stop paying them until they do, which they never will because of all the reasons you've seen posted on the various threads.

 

As long as you stick to your guns, this one will be a dead duck.

 

Regards.

 

Fred

[reallymadwoman]

If you read FDPM's thread you will see that these accounts are so far outside the regulations that it's not surprising they caved in once FDPM submitted the defence and witness statements. They were probably trying to avoid any liability for 'chargebacks' by disguising the accounts as current accounts and misleading people into thinking it was part of the loan agreement. Fight this absolutely - BOS and their minions deserve less than nothing.

[tanqueray74]

Cheers for encouragement ! I am a novice. Do you suggest i stop making these crippling payments - which i cannot afford due to a reduced income.

If so, can i inform the credit agencies that the account is in dispute ? Don't really want to damage my credit rating

[Fred Bassett]

Cheers for encouragement ! I am a novice. Do you suggest i stop making these crippling payments - which i cannot afford due to a reduced income.

If so, can i inform the credit agencies that the account is in dispute ? Don't really want to damage my credit rating

 

Hi tanqueray,

 

That might be wishful thinking. You are perfectly within your rights to withhold payments, but don't think for one minute that will stop BoS from reporting a default on you credit file - they will, so you have to make the choice.

 

Regards.

 

Fred

[fdpm]

I am quite pleased I have ruined my credit rating because it ensures I will never, ever, ever, fall into the clutches of the nasty credit card issuers!! The sneak in when you have loads of money, ply you with high credit limits, encourage you to spend, spend, spend and then chase you mercilessly when you lose your job and have no money - despite having paid their nasty interest rates for the previous ten years and never missing a payment!

 

No, never again... if I want anything now, I save my little pennies... Best thing that ever happened to me was losing everything. The freedom of not using a credit card is exilarating and as for the debts...

 

I do not feel guitly because the banks and credit card companies lie and cheat and use the nasty little debt collectors to do their dirty work... no, I don't feel guilty - I feel sad and ashamed - but not guilty!

 

Okay, rant over.... phew, I feel better!

[davecool]

Hi

 

I have just received a call from Bank of Scotland re my preference account and the letter I sent with the list of charges.

 

The conversation went like this........" The office of fair trading have stated that they believe a charge of £12 is a fair charge, but as a gesture of goodwill I will be looking to refund all of the charges made on your account"

 

Result, but they point blank refuse to remove the default on my credit file......even though they cannot provide me with a copy of the default notice, they say that is system generated and they don not keep copeis only the info when it was sent out.....

 

I will be getting over £250 in charges returned.....

[Fred Bassett]

If I were you I'd CCA them. There's a good chance they won't have anything enforceable.

[reallymadwoman]

Agreements for Preference Accounts are definitely not enforceable.