Blair, Oliver and Scott

smashedbooboo

Do you still have the paperwork for the CCJ hun. Was it an actual CCJ or just a threat of one at the time. Oh and sorry forgot to say. Welcome to MSE and the forum. You have come to right place chick. We will help you all we can. We need to find out when this was passed over to BOS.

paulus123

Thanks very much folks, it does seem rather dodgy?
Yes it was an actual CCJ, Im not sure that I have the original paperwork for it either unfortunately.
I am also afraid that if I contact them they will ask for the full amount back?

When I say I have never missed a payment I mean on the CCJ

I will call them now, if they are open and ask for a copy of the Loan agreement and to explain why I have been charged so much interest?

I'll be back!! and thanks for the warm welcome!!:T

paulus123

OK I called BOS and they took over the loan in Oct 98, I have been paying £50 per month since then apparently, sorry for the vagueness of my figures but much of that period is a blur.
It still looks like they have their maths wrong if they still want £709 off me.
I have been referred to their legal team and will ring them tomorrow.
Also the 'Legal Team' are the only ones who can give me a copy of the loan agreement and any other figures I need.
Will update tomorrow

Thanks again

smashedbooboo

Noooooooooooooooo please dont ring them, the legal team is not a legal as such. Trust me honey. I am at work until 8 tomorrow evening. When i get back i will post up the letter you need to send them. Polease hun, this is important. DO NOT speak to them on the phone. It must be in writing from now on. What they say on the phone and what they actually do is 2 different things. Please hang on for another day.

But in the meantime, if you can look up these for now,

1, The paperwork for the original loan,
2,If possible the paperwork for the CCJ
3, Have you checked your credit file recently. If not can you send off for a copy of it from each of the credit ref agencies.

Equifax, experian,and call credit. You will need to send a postal order off for 2,00 for each one. I think its 2.00. You should get each report back within 2 weeks. We will be able to see what they have on you. If you can get on with that and we will be able to work out what is going on.

4, Do you have receipts of payments or anything showing on your bank statements for the amounts you have been paying.

You need a breakdown of all payments.

Ok, that is enough for you to be going on with for now. I will be on tomorrow night or first thing wednesday morning hun.

Take care
Boo x x

bathgatebuyer

andy757 wrote: »

Update on my last post.
and was told "what makes you think we will refund it" by some jumped up Scottish !!!!!!!.

I would suggest you contact the complaints department of the Halifax. Tell them of your problems, the conversations you have had in your branch, and also ask them to send you written confirmation as to the legal status of Blair Oliver Scott. If they respond favourably and refund your money, all well and good, if not, the Financial Ombudsman. Also write and make a complaint to the Office of Fair Trading who cannot act on individual complaints, but there is a growing stockpile of complaints against Blair Oliver Scott over their behaviours towards debtors. The OFT can act on mass complaints so anything you can do to increase the pressure on the OFT to do something against this shower is worthwhile.

Also, the OFT will send you an acknowledgement of your complaint, and with any luck it may say something useful which you can send across to the FOS which you can add to your case with them.

Hope this is helpful.

Yours,

A jumped-up-Scottish !!!!!!!

:rolleyes::p

rog2

paulus123 wrote: »

Also the 'Legal Team' are the only ones who can give me a copy of the loan agreement and any other figures I need.
Will update tomorrow

Simply not true, paulus. You, as any alleged debtor, are legally entitled to request a copy of the original executed consumer credit agreement, along with a fully detailed and up to date statement, at any time.
Blair Oliver & Scott, by virtue of the fact that they are 'pursuing' you for this 'alleged debt' are legally obliged to provide you with a true copy of the original executed consumer credit agreement, within 12 working days of receipt of your request.
It really does not matter that Blair Oliver and Scott claim not to be the original lender (even though they clearly are part of Halifax Bank of Scotland) they are still under a legal obligation to conform to the requirements of the Consumer Credit Act, 1974.

For more information on 'Getting a copy of your agreement' and a template letter that you can send to them, have a look at the following National Debtline Link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

I don't know if that is the letter that 'smashed' is going to reccomend - my guess is that it is.

If you have been paying £50 a month, since October 98, then you have paid almost £6000 :eek: . Can you remember how much the CCJ was for?

I am tempted to think that HBOS may have been 'ignoring' the fact that a CCJ was actually obtained and issued and may have been treating the 'debt' as though it were not the subject of a CCJ, by continuing to add interest, possibly charges, to the original 'loan'.

The information that they are legally obliged to send you will show this up, but, if it doesn't, don't despair - you might have to do a 'Subject Access Request', but we'll deal with that later, if necessary.

And, to echo smashed's advice - Do NOT telephone them. Keep ALL contact in writing, and agree to absolutely nothing until they have provided you with full details of the agreement and account.

paulus123

Thanks very much Boo and Rog for your replies, much appreciated.

I haven't called BOS again you will be pleased to know!
I did call the County Court who confirmed that the CCJ is from 30/08 1999 so I have been paying £50 per week from then.
The original loan was £300 but it was £4744 when it got to the County Court!! Deary me...They also confirmed that there should be no interest on it. As I said earlier it was passed to BOS in Oct 2003 at £2400 not sure why when it was passed to them when I had been keeping the payments up?
By my reckoning I have paid £50 per month for 9 years exactly which equates to £5400!! And they still say I owe £709!!
What is my next step? I don't think I still have the original paperwork though....

Thanks again

Paul

rog2

paulus123 wrote: »

I did call the County Court who confirmed that the CCJ is from 30/08 1999 so I have been paying £50 per week from then.
They also confirmed that there should be no interest on it.
By my reckoning I have paid £50 per month for 9 years exactly which equates to £5400!!

Hi Paul - from what you say it certainly looks as though the 'boot is on the other foot' so to speak, in that it is now BOS who owe you money, rather than the other way around.

I need to think and see what legal redress is open to you, but certainly I would talk, with NDL or CCCS to see if they can clarify what options are now open to you.

Personally, I would be looking for the option which causes BOS at least as much grief as they have caused you.

I will post again later.

bathgatebuyer

Make sure the OFT is aware. Although it's highly unlikely they'll remove the Halifax's credit licence, it does add to the list of complaints against HBoS for these practices. Who knows, maybe in the midst of time, someone will take action against them for this.

Yours,

The jumped-up-Scottish-!!!!

paulus123

rog2 wrote: »

Hi Paul - from what you say it certainly looks as though the 'boot is on the other foot' so to speak, in that it is now BOS who owe you money, rather than the other way around.

I need to think and see what legal redress is open to you, but certainly I would talk, with NDL or CCCS to see if they can clarify what options are now open to you.

Personally, I would be looking for the option which causes BOS at least as much grief as they have caused you.

I will post again later.

Thanks Rog

Who are CCCS?