Bank of Scotland & Credit Agreement.

[sandra05]

Can someone please advise what the next step is.

 

I have received my statments and sent a letter reclaiming charges on 4.7.06

 

sent LBA on 6.9.06 giving 14 days notice.

 

Letter received from Bank of Scotland on 14.09.04

 

As per the terms and conditions of your original agreement, which you signed to confirm you had read and understood the agreement etc etc.

 

In view of the above I regret to advise I am unable to refund the charges in question as they are applied to your account as per your original agreement.

 

Do I now proceed with the court claim?

 

thanks

 

sandra

[weej]

Absolutely. Go Gettem

[lisaab70]

Dont listen to them Sandra, they are just trying to put you off. I had the same thing and after the second rejection letter I rang them to tell them I had been advised to take court action, and what do you know I had the money in my bank account 3 days later!

A friend of mine has also done the same thing and won nearly 6k back.

 

They're just trying to put you off because they know that they will have to pay all your money back if you continue with your claim.

 

Go get em girl, good luck.

 

Lisa

[sandra05]

thanks everyone.

 

I will call them tomorrow to advise I will be proceeding with court action.

 

Good luck with your cases.

[sandra05]

Sorry I have not posted for a few weeks but I have been on holiday.

 

I recevied a letter from BOS on 10.10. when I was on holiday after sending in a copy of the N1 form I was about to process. They have offered a part payment of £283.50 as a good will gesture. Total claim was for £525.00

 

I am about to send in my letter of rejection/accepting this as part payment.

 

Will let you know how it goes.

[sandra05]

I have been chasing bank of scotland since 16.06.06 for my loan credit agreement and preference credit card agreement, along with a list of all transactions since 28.01.2000.

 

They have passed it to 3 debt collectors and it is now sitting with a company called capquest, even though they have been advised it was in dispute and no payments were being made. I also had a verbal offer to pay 50% of the balance due but they would not put it in writing.

 

Bank of scotland has now issued a photocopy of the credit agreement but no list of transactions. Does this mean the debt in now enforeceable again?

 

thanks

 

sandra

[moneyhelp]

Hi Sandra

 

I think you would get more help if you post here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/ all the top guns hangout in there that know about DCA.

 

Good luck!

[sandra05]

thanks

[sandra05]

Bank of Scotland & Credit Agreement.

I have been chasing bank of scotland since 16.06.06 for my loan credit agreement and preference credit card agreement, along with a list of all transactions since 28.01.2000.

 

They have passed it to 3 debt collectors and it is now sitting with a company called capquest, even though they have been advised it was in dispute and no payments were being made. I also had a verbal offer to pay 50% of the balance due but they would not put it in writing.

 

Bank of scotland has now issued a photocopy of the credit agreement but no list of transactions. Does this mean the debt in now enforeceable again?

 

thanks

 

sandra

[sequenci]

 

Bank of scotland has now issued a photocopy of the credit agreement but no list of transactions. Does this mean the debt in now enforeceable

 

no.

 

under your request under the cca, you have an entitlement to a full statement too.

 

consider CCAing the DCA who is chasing you, just becuase the OC has the agreement the DCA may not.

[oneofakind]

Are you satisfied you have A TRUE COPY of your agreement? Many such documents sent out do not comply with the legislation, and are therefore unenforceable.

 

[sandra05]

The credit agreement is just an A4 photocopy with my customer details and loan amount on onside with my signature and the banks signature both dated. At the top of the form it says step 2 so I am not sure if there should be more paperwork. On the right handside it has been signed but not date stamped by the bank for the preference account should this matter?

[babybear39]

Hi sandra05,

 

Can you scan the document and post is so someone can advise if it's a true copy of your CCA.

[sandra05]

sorry for delay but I have been working. here is a scan copy of the agreement they sent.

 

[babybear39]

Sorry, too small to read

[sandra05]

can you please advise the best way to attach document. I cannot upload it as a zip, doc or txt file as it is too big.

 

it will not allow me to copy and past either.

 

I could email it to you if that it is allowed?

 

thanks

 

sandra

[babybear39]

I'm no expert but you could open a free photobucket accout and upload it there and then post the URL for the image here.

[sandra05]

Sorry babybear39 I do not know if I have done this right for the URL link

 

 

http://i185.photobucket.com/albums/x2/sandra051/bofs.jpg

thanks for helping

[babybear39]

The image is better

 

I'm sure someone with greater experience than I will come along with an opinion

[sandra05]

Hi

 

I have just had letter in from capquest taking me to court even though I have told them the debt is in dispute and should still be with Bank of Scotland until it has been resolved. I still have not received a copy of all transactions or a copy of the terms and conditions. They have also started adding daily interest.

 

Can they do this. The debt has been frozen and I have been paying it for the past 2 years at a reduced rate.

 

thanks

 

sandra

[Curlyben]

You say that they are taking you to court.

Now is this one of their normal threat letters of papers form County Court ??

[sandra05]

It is a threat letter from Capquest's Solicitors saying I have ignored there correspondance even though I have spoken to them twice and sent in all letters to B of S and their replies plus B of S said they have told them to hold the account for 4 weeks.

 

I have until 31.08.07 to pay in full.

[Having_A_Knightmare]

Hi Sandra

 

May be a letter like below might do the trick...thanks to DMD

 

You will be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with xxxxxx prior to your first contact with me, and has yet to be resolved. Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

[Curlyben]

OK that's a relief then.

Send this to CQ, should keep them quiet.

 

ACCOUNT IS DISPUTE

 

I would like to inform you that this account is in dispute with the original creditor.

Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

Pursuant to OFT guideline Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

I trust this clarifies my position.

 

yours faithfully

BLAH

[sandra05]

Thanks Having_A_Knightmare and Curlyben I have found an email address for them and will forward a letter to them tonight and post recorded delivery in the morning.

 

Brilliant piece of advise will let you know there reply.

 

thanks again