Old BOS account

dc240969 wrote: »

An account yes. But with the addition of a feature which was in essence a loan/over draft which should have had an agreement signed.

Wrong.


An overdraft is part of a bank account, requires no credit agreement to be signed, and is not CCA regulated. If they can prove that you had the account, that's enough for the courts.


An actual loan would be CCA regulated and thus can be challenged with a CCA request. An overdraft is not and usually they can easily be proven for the courts if they show you had an account with an overdraft facility with them.


I'd leave things as they are for now. If/when any DCA tries legal action, act accordingly and seek legal advice.

sourcrates wrote: »

That's why I asked if it was a preference account, because that's what your describing.

That was described as an "overdraft facility", or on occasion a "credit card account", but was infact a top up loan service that was CCA regulated, and had a blue credit agreement to complete.

Most were unenforceable as they were mis-described by the creditor and BOS stopped marketing them, they were sold alongside loans.

And why it is critical to know what you had.


Even if you did sign the CCA paperwork for one of these products, it is indeed unenforceable anyway, so you need to know exactly what it was. You said earlier that they already rejected your CCA request but you have the option of sending BOS an SAR request.


They cost £10 and will show all details they still have on file about you, including any account details. They can delete records after 6 years so may not have it. Of course, that means that they wont be able to prove the debt, settling the issue.