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CCA not fully complied with

Last post Mon, Aug 06 2012, 3:38 PM by huckster. 5 replies.
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  •  Mon, Aug 06 2012, 3:38 PM

    Re: CCA not fully complied with

    Withoutprejudice:

    Many thanks for the reply. Yes you are right, unfortunately BOS disregard all the rules about dealing with nominated advisors and just keep approaching clients directly. I am sending a letter today to remind them of their obligations under OFT guidelines etc.

    Do you know if my understanding of CPR 31.16 Pre Action Disclosure is correct?

    Kindest regards

    Ok to remind them of OFT guidelines. But CPR 31.16 is only relevant if they have issued a court claim.

    Send on any correspondence you receive to CCCS and ask them to intervene for you.

    • Post Points: 5
  •  Mon, Aug 06 2012, 3:30 PM

    Re: CCA not fully complied with

    Thanks for your reply. Yes, Blair are aware that the DMP is with CCCS and has been for over a year. They told me in writing that my DMP was accepted and I was in review status but they still keep harassing me so I am putting the account into dispute so they can't get a judgement. CCCS are making the correct payments and I can see online that they are being credited to the account. I am not trying to get the debt wwritten off, simply want to prevent court action and live peacefully.
    • Post Points: 5
  •  Mon, Aug 06 2012, 1:29 AM

    Re: CCA not fully complied with

    Have you tried phoning Blair? I used to work in this area and we would contact people on dmp as some companies are disreputable and only pay a token payment while earning interest on the payments made by the debtor AND usually charging a fee as well - so you think that you are paying off £100 each month but in reality only £5 is actually going to your creditors. CCCS is a really good debt management company but Blair don't know you are using them unless you tell them, so they'll continue to contact you to find out. If you phone and tell them your circumstances and the amount of your dmp they'll move you to a review status and only contact you once or twice a year to confirm the dmp is still ok. Every call and letter costs them money so they aren't interested in contacting you more than the bare minimum.

    Trying to get debts written off through legal action takes years so you won't repair your credit file much quicker. You don't say what your original debt was but given my past experience of legal action the Halifax will fight to the end and you'll end with a huge legal bill that probably outweighs your original debt.
    • Post Points: 20
  •  Sun, Aug 05 2012, 11:11 PM

    Re: CCA not fully complied with

    Many thanks for the reply. Yes you are right, unfortunately BOS disregard all the rules about dealing with nominated advisors and just keep approaching clients directly. I am sending a letter today to remind them of their obligations under OFT guidelines etc.

    Do you know if my understanding of CPR 31.16 Pre Action Disclosure is correct?

    Kindest regards

    • Post Points: 35
  •  Sat, Aug 04 2012, 9:19 AM

    Re: CCA not fully complied with

    Let CCCS deal with them. The idea of the DMP, is that you are no longer bothered by these issues, if you keep the DMP payments up.
    • Post Points: 20
  •  Fri, Aug 03 2012, 11:32 PM

    CCA not fully complied with

    Hello everyone,

    I need some help with Blair, Oliver Scott (BOS) (Bank of Scotland DCA). My questions are at the end of my preamble.

    Here is a brief background to the situation:

    2010 lost my job, Owed £20K on five credit cards. Paid for a year then ran out of money. Took advice from National Debtline, and then Set up a DMP with CCCS. Started July 2011, creditors agreed and also agreed not to add interest or charges to the accounts. Everything was fine until Halifax (Bank of Scotland) passed their debt to BOS. They agreed the DMP in writing but then began to send the usual ‘ThreatO’grams’ , coupled with 2 or 3 phone calls per day. I ignored them and sent a Standard anti-harassment letter. This had some effect but I was concerned about the threats of court action., so I decided to limit the possibility.

    NOTE: I am still running the DMP. No other creditor has caused me hassle, and so I am reasonably confident that BOS will not go to court under the circumstances. However, just in case, I wanted a solid defence (defences) of some sort.

    So I sent a CCA request with a postal order for £1 (which they used as a payment against the debt !). My thinking was that I might be able to put the debt permanently into dispute and prevent any future judgement.

    Today I received a reply, posted two days after the prescribed period time limit expired, enclosing a reconstituted agreement which I strongly believe is different from the original, (set up in early March 2007). They did not include a statement of account and did not include documentation which I think they should have (see question 2 below)

    Questions:-

    1) If the reconstituted agreement is different from the original then they have not complied with S78

    Correct ?? I also think the reconstituted agreement does not comply with respect to it’s layout and contents.

    2) The OFT guidelines state in relation to the CCA request:-

    ‘Where an agreement has been varied in accordance with section 82(1) of the Act, the OFT considers that, by virtue of Regulation 7 of the Copies of Documents Regulations, the duty is to provide not only a copy of the agreement as originally executed but also either a copy of the latest variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied, or a clear statement of the terms of the agreement as varied in accordance with section 82(1) of the Act. 2.28 Although some creditors have apparently considered it is sufficient to provide a copy of the current terms and conditions (that is, 'a statement of the terms of the agreement as varied'), that does not comply with the requirements of Regulation 7. In Carey v HSBC Bank plc, there was detailed analysis of this issue and it was confirmed that 'include' meant that the documents showing the variations were to be supplied in addition to a copy of the original agreement.

    Halifax only included a copy of their current terms & conditions but there have certainly been several variations of the original agreement.

    3) If I can legitimately place the account into dispute, how long do they have to comply with the CCA S78 before they commit offences under other Acts and compound their offences. (e.g CPUTR)

    4) If at the end of the day I cannot dispute the account, and ‘if’ they ever go to court, can I use the Civil Procedures Rules 31.16, pre-action disclosure ? Is it still the case that BOS would have to produce the Original signed agreement and not a reconstituted agreement as per CCA S78(1) ? I read somewhere that this defence cannot be used speculatively.?

    5) Should I make an SAR to find out for sure what they have?

    What do I do next?

    Thanks in anticipation.

    • Post Points: 20