Old BOS account

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  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    dc240969 wrote: »
    Nope, wasnt a normal account etc. This was a separate product. I dont have anything to lose by doing a CCA. Would probably freeze any action until they complied with it.

    Exactly, from what you say it sounds like a similar product to a preference account.
    My brother was conned into getting one, he wasn't very financially savvy, he thought it was a regular bank account.

    I CCA'd BOS, on his behalf, couldn't produce anything, account was only 4 years old as well at the time.

    They used to push them alongside loans, very sneaky !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
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    I don't suppose there's an up to date CCA template on here is there?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    dc240969 wrote: »
    I don't suppose there's an up to date CCA template on here is there?

    From the National Debtline website :

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
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    Cheers. l will let you know how it goes.
  • dc240969
    dc240969 Posts: 70 Forumite
    edited 27 October 2016 at 2:23PM
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    Got a reply this morning.

    We refer to your recent request under sections 77-78 of the CCA.
    As this relates to a BoS Plc Current Account these sections of the CCA do not apply to this account, therefore, your request to supply a copy of the agreement in this instance is not relevent to S77-78. This is because of the CCA(Exempt Agreements) Order 1989, Article 3(1)(a) which is set out that the CCA shall not apply to a running-account credit agreement where the whole amount of the credit for a period is repayable in a single payment. In your case, you have to make monthly payments for the whole of the charges incurred in the preceding period. This is not, therefore, a CCA regulated agreement.

    Not sure how to proceed. Any advice welcome.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 27 October 2016 at 2:31PM
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    sourcrates wrote: »
    If it was an old preference account, 99% of them were unenforcable because they were marketed as a bank account, yet credit file marked as a credit card.

    None of them had the correct prescribed terms, also BOS were terrible at keeping paperwork.

    But, if it was a normal bank account/overdraught, then CCA would not apply to that type of account unfortunately.
    dc240969 wrote: »
    Got a reply this morning.

    We refer to your recent request under sections 77-78 of the CCA.
    As this relates to a BoS Plc Current Account these sections of the CCA do not apply to this account, therefore, your request to supply a copy of the agreement in this instance is not relevent to S77-78. This is because of the CCA(Exempt Agreements) Order 1989, Article 3(1)(a) which is set out that the CCA shall not apply to a running-account credit agreement where the whole amount of the credit for a period is repayable in a single payment. In your case, you have to make monthly payments for the whole of the charges incurred in the preceding period. This is not, therefore, a CCA regulated agreement.

    Not sure how to proceed. Any advice welcome.

    I did say if it was a bank account, the CCA would not apply, so seems like it was a standard bank account after all.

    However proof of liability is still required so you may be better off sending the provit
    Letter instead.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
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    Provit Letter?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    dc240969 wrote: »
    Provit Letter?

    To chase a debt, any debt, a creditor must provide proof of the debt when asked, now although CCA does not apply to this account, they still must send you proof the debt exists, when asked to do so, you just need to ask in a different way.

    This letter does that :


    http://forums.moneysavingexpert.com/showthread.php?t=2607247

    Basically no proof, equals no debt.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
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    Will send this away and see what comes back.
  • dc240969
    dc240969 Posts: 70 Forumite
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    Letter came from Wescot today. Short version
    'Having contacted our client they have advised as this is a current account and not covered by CCA, a copy of the opening agreement is not available. The only documentary proof to show your liability on this account is the transaction list'

    Documentary proof being 5 payments l made the first five months this year to Drydens Fair Fax.

    Any one care to agree that there is no proof.
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