STATUE BARRED 3 YEARS AGO

[SHELBELLE]

Davey

 

Thank you, I will get that one off then.

 

Cheers for the PM as well.

 

S.B.

[SHELBELLE]

Hi all, an update.

 

Received a "FINAL NOTICE" letter from BOS yesterday.

 

So have sent them the "YOUR LETTER IS INCORRECT & FRIVOLOUS" letter.

 

 

Will post again once I have anything else.

 

S.B.

[SHELBELLE]

Hi Guys

 

 

Very quiet on the Sainsbury's front, and I am not too busy today so thought I would have a look through my files!!! Last heard from BOS on 12.02.09 with their "FINAL NOTICE" !!

 

Found this default notice and was trying to have an educated read, looks like this is also incorrect,as sent on 15.08.08 and they give me until 20.08.08 to bring account up to date etc.

 

Now I am sure that they should allow 14 days(with or without allowance for mailing) therefore am I correct in thinking that this is invalid???

 

I think the time has come to send in my complaints to the officials and needed a little reminder which complaint goes where?

 

Invalid CCA?

 

Invalid DN?

 

Any advice greatly appreciated as always.

 

Thanks

 

S.B.

[Having_A_Knightmare]

Yes they have to give you 15 days.

 

Default notice is invalid!!!

[SHELBELLE]

HAK

 

Thanks a million.

 

Complaint need to be sent then, just rechecking what goes where??

 

Or do I triplicate to FO, OFT & TS?

 

Thanks

 

S.B.

Edited March 17, 2009 by SHELBELLE
typo

[Having_A_Knightmare]

Send them to all 3. the more the better!!!

 

Even get MP to send one to OFT

[SHELBELLE]

HAK

 

Excellent, I will use my time wisely!!!

 

Thanks again

 

S.B.

[SHELBELLE]

Hi all

An update...

 

Received a letter from BOS stating "YOUR IMMEDIATE ACTION IS REQUIRED" blah blah blah doorstep visits blah blah court action blah blah!!!

 

This one is going to be filed neatly with the others.

 

I am still trying to get a bit of help with the complaint forms for FO, TS etc was trying to see if there was a link to help with the wording??

 

Any help much appreciated.

 

Thank

 

S.B

[davey77]

Haven't looked through your whole thread, busy bee this morning. Just posted a complaint letter i have drafted for TS re improperly executed agreement on my thread. Might be of use to get you started?!

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/186913-davey-halifax-bos-cabot-2.html#post2091282

[SHELBELLE]

Davey

 

Thanks very much.

 

I will try and adapt it to suit.

 

Much appreciated.

 

S.B.

[davey77]

If you are going to complain to the FOS (and they are bound to side with the creditor - see my other posts elsewhere on that subject) then be aware that it may be better to do one complaint at a time re FOS and TS.

 

TS won't take much interest if you inform them you have lodged a complaint with the FOS. They will state that you should await their decision and come back to them if not happy (or something to that effect). A decision by the FOS (probably unfavourable to you as they are biased) will take 6..9..maybe 12 months!

[SHELBELLE]

Davey

 

Ok one at a time then i guess??

 

S.B.

[davey77]

Probably best. TS first i think.

 

Any FOS complaint is likely to be responded to with this kind of 'impartiality':

http://www.consumeractiongroup.co.uk/forum/general/183738-why-does-fos-take-2.html#post2013523

[SHELBELLE]

Yes ok will get that sorted 1st.

 

I am still waiting for FO to finalise a business complaint from last May so am well aware of how long they take.

 

It does make you wonder if complaining is worthwhile sometimes it takes so much time and effort and you wait so long for a response.

 

I suppose there is satisfaction in that the creditor is charged for the privilige??

 

S.B.

[davey77]

There is some satisfaction in the cost element. Not saying the FOS are useless morons in all things. I have heard they can be useful with PPi claims for instance (although can't remember where i read that now.)

 

But if your complaint is anything to do with the supply of a Credit Agreement, forget it IMO.

[SHELBELLE]

Hi all

 

just a quick update, BOS send me a letter dated 14th April 2009 stating Notice of Intended Court Action and that I must pay £xxx by 21st April 2009, well this was received on 20th April 2009, you know usually deceit!!

 

So with a couple of my other creditors I have finally managed to find some brill template letters on here to help me complain to both OFT and TS.

 

Letters are already to go and I feel proud of myself today, thank you CAG!!!

 

 

I will update when I hear anything!!

 

S.B.

[davey77]

Nice work.

 

I am also going to start adding to any letters quotes from the OFT re their action against 1st Credit and Mackenzie Hall:

 

The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

The OFT has imposed 'requirements' on 1st Credit using consumer credit powers, after an investigation found that some of its business processes and procedures failed to meet satisfactory standards. As a result, 1st Credit Ltd and its associated companies must:

 

• refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated
  
• not discuss legal action with consumers unless it is likely that such action will be taken
  
• ensure that sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately, and
  
• ensure that all matters of concern raised with them by the free advice sector and other third parties are dealt with appropriately.
  

The way i have worded it is:

 

" I suggest you take OFT debt collection guidance more seriously after the recent action taken against other unprofessional DCAs, namely, 1st Credit and Mackenzie Hall, as the OFT are cracking down on unlawful and unfair debt collection practices and your organisation could be next."

[SHELBELLE]

Davey

 

Thanks I will bear that in mind when I get a response.

 

 

Cheers

 

S.B.

[SHELBELLE]

Hi All

 

An update...

 

BOS have now sold this on to Robinson Way...not a NOA in sight and after my complaint to OFT & TS.

 

I had one stroppy telephone call from RW and have now received a FORMAL DEMAND FOR PAYMENT!!!

 

They state "THIS PROBLEM ACCOUNT WILL NOT GO AWAY OR BE FORGOTTEN, IT MAES SENSE TO PY NOW!!!"

 

Er hum I believe that it is their problem for not supplying anything more than an application form with no T & C'S, an invalid DN & no NOA!!!

 

Should I respond to RW with the bemused letter?

 

Any advice as always is greatly appreciated.

 

S.B.

[robcag]

Hi SB

 

If you decide to humour them with a reply you could always head it along the same lines as they have used, e.g. "THIS ALLEGED DEBT WILL NOT BE PAID, THEREFORE IT MAKES NO SENSE TO PURSUE IT"

 

I think that's what I'd be tempted to do

 

Cheers

Rob

[davey77]

"MY REQUEST FOR INFORMATION WILL NOT GO AWAY, IT MAKES SENSE TO COOPERATE NOW - BEFORE THE OFT PLACE RESTRICTIONS ON HOW YOUR COMPANY OPERATES!"

[robcag]

"MY REQUEST FOR INFORMATION WILL NOT GO AWAY, IT MAKES SENSE TO COOPERATE NOW - BEFORE THE OFT PLACE RESTRICTIONS ON HOW YOUR COMPANY OPERATES!"

 

Much better Davey

[SHELBELLE]

Rob and Davey

 

 

Lol very good, I like it.

 

I will get my witty head on aswell and send them something along those lines.

 

Thanks guys!!!

 

S.B.

[SHELBELLE]

Hi again

 

Well I have composed a letter and have emailed it direct to RW, wanted to save my pennies on the postage. I let them know that my request wouldn't go away and that I had no desire to enter into any further dialogue with them by any means. Advised them that I have forwarded a copy of their letter to OFT. I wonder what is next up their sleeves???

 

Also emailed OFT in addition to my earlier letter, letting them know how BOS have sold this on without any NOA and while under dispute and how RW should not be pursuing.

 

Hope this does the trick!!!

 

Thanks for your help yesterday guys.

 

S.B.

[SHELBELLE]

Hi again

 

RW are extremely persistent, calling me at least 3 times a day even though they have had the email and I will not confirm security.

 

They are using a new tatic to try and get passed the security issue, it goes a bit like this:~

 

RE: Can I speak to Miss SB

 

SB: Yes speaking

 

RW: Miss SB of no 123 Any street?

 

S.B.(nearly slipped up) I don't answer security questions over the phone

 

RW: Blah blah blah

 

S.B: Do you have email access?

 

RW: No!!

 

S.B. Who's is calling?

 

RW: It's knobhead from RW

 

S.B: Then you do have email access and I suggest that you check yor inbox!!! Goodbye.

 

Gave me a little chuckle.

 

On another note I have had a letter back from T.S. and they state that they have assessed the credit card "applications" and cannot find any reason why they are not in compliance with the act. They also say that the applications contain the relevant information in accordance with the act.

 

Well I was rather dumb founded as the so called CCA I have is definately not containing and T&C'S and I have never received any.

 

Just wondered if anyone else had any similar experiences with TS??

 

Thanks

 

S.B.