Massive debts

Skint_but_Optimistic

gargrave50 wrote: »

Here it is in all its glory

Anne P Gartshore
Manager
Card Services
Bank of Scotland
Pitreavie Business Park
Dunfermline
FIFE
KY99 4BS

Dear Ms. Gartshore,

Account Number: 4560 XXXX XXXX XXXX

Thank you for your response dated 8th September 2011, in connection with my request for a true copy of the executed Consumer Credit Agreement in relation to the above account. You have enclosed (again) a reconstituted copy of the terms and conditions, together with a copy of the application form. I now have a total of 3 copies of this – thank you.

You then proceed to refer to “the copy of the agreement enclosed with this letter” – well, as you have pointed out in the previous paragraph – this is not in fact a copy of the Consumer Credit Agreement as I requested, but in fact a copy of the application form.

I note you suggest the prescribed terms WOULD have been validly incorporated into the "agreement", however you have been unable to supply evidence of this. You have instead chosen to send a copy of the application form (signed), which does not include the prescribed terms. Despite repeated requests, I have seen no evidence of an executed Consumer Credit Agreement which incorporates all the prescribed terms required to be enforceable. Therefore, if persuing a CCJ in respect of this account is your intention, I would encourage you to proceed with this. I could, of course pursue a Subject Access Request in respect of the above account at the cost of £10, which would require Bank of Scotland to produce all records in relation to this account.

The illegible copy of the application form you have sent to me is NOT enforceable in court as the prescribed terms are not incorporated into this. If you are able to provide evidence to the contrary then I would be delighted to see this, and would reconsider my position regarding this. However, I note that you have declined to enter into further correspondence regarding the matter, and therefore I will continue to maintain my own stance on the matter. I will offer full payment on receipt of a true copy of the executed Consumer Credit Agreement as long as it contains all of the prescribed terms required to make the document enforceable in a court of law. An application form which is, 1. illegible and 2. does not contain all of the prescribed terms will not suffice.

You may well believe that the “agreement” (which you have not provided) is fully enforceable, and may well continue to treat it as such. However, I believe we have reached a stalemate on the matter, and whilst you may continue to instruct various debt collection agencies to write to me endlessly, my stance remains unchanged.

Just the right level of sarcasm and wit,a dash of hardline to boot.

Whats the end result you are looking for? You might be able to get a low settlement figure and get it wiped but they will probably look for something back, (I settled something similiar for less than a third of the capital they stated was outstanding)

I like it though, its wiping money off the debt every time...

jellybean39

:rotfl:OH i like i ilike alot rofl You kick there butt!!!!!!!!!!!!!

SazM030306

Gargrave you rock!!!

gargrave50

I'm glad my witty little ditto has amused you all - I love it:D. Not holding my breath for a reply though.............

Nothing much to report today on the debt busting front. Except one of the HBOS overdrafts which I had made a low F&F on (not too low 50% of the actual amount we were overdrawn before they piled charges on:mad:), has been declined. No offer of a reduced settlement in return so I will sit tight and wait til they offer me something. Might write back and say "well I offered you a lump sum - you said no. So here take £1 a month for the rest of my godamn life ).

The result I'm hoping for with HBOS CC (my lovely letter above), is a very low derisory F&F. Something to make them choke preferably:rotfl::rotfl:.

gargrave50

Just read my letter over again - I do rock !

Just about to tackle my FOS complaint re: an old Cahoot loan. Have requested the agreement to ascertain whether PPI was added on as we all know Santander were [EMAIL="bugg@rs"]bugg@rs[/EMAIL] for this.

They haven't responded to my request and there is £658 outstanding on the loan which was defaulted long ago. Until they respond to my request and I can see whether THEY owe ME money, I won't be repaying it. Therefore will send a letter to this effect to Wescot who are snapping at my ankles for it. Also will advise them Santander are the subject of a current complaint to the FOS - ask them if they want to become involved?!

gargrave50

Listed a total of 15 Ebay items now (Tixy would be so proud ). A huge bundle still to wash and iron and that's just from a quick clear out of my room in London:eek:.

To add to that: I still have 2 ipod shuffles (I know I know but I've found them now at least!), a Philips Surround Sound System, an HP printer/scanner, a brown authentic Fendi bag, my beloved Mulberry Mabel purse and a huge Next silver overmantel mirror which are the main big items. The rest will be wardrobe raids on the Glasgow house, and a rummage through the toys.:j

Also have decided to get my wedding dress cleaned and sell it too - no point lugging it half way across the world! I have beautiful photos to remember it by:).

I would love to think this little lot (some designer clothes to sell such as a pair of worn once Replay jeans and a Hugo Boss jumper of hubby's as well as a couple of his Ted Baker tops) could net me around £500 which should pay for all of my midwifery prep needed to get registered in Oz. Hubby is finally stripping and taking to the scrap merchants this weekend the copper which has been sitting in our garage FOREVER! He expects around £200 for this and will be using it to finish flooring the attic. He has "borrowed":o some gyproc from work to finish sheeting the walls. His friend is fitting a radiator free of charge for us. Windows and staircase are in, so after all that just the decorating. Hopefully it will add a bit to the value of our lovely little home;).

gargrave50

Planning to list another couple of items on ebay between nightshift tonight and before tomorrow's nightshift (strictly speaking today's nightshift ).

gargrave50

On the plus side, I've clearly reset my customer id for tesco online banking whilst under the influence so I can't access my savings . Apparently I can reset it with my sort code and account number and of course I've shredded those for security .

gargrave50

Well another 3 items of clothing listed on ebay, plus eventually the 2 ipod shuffles. Tixy will be so proud (it only took 2 months). And so to bed with a clear conscious.

DebtFree2012

Well done, you're on fire!!!!

I am a non starter on the ebay front so far - keep the inspiration coming!!!

xx