Bank of Scotland Court Papers Served

[hampers]

Hi I am trying to help my cousin who has a credit card debt with Bank of Scotland for over £7000 (taken out in 2000) which she is unable to make the repayments due to loss of full time employment. We have sent of a CCA and they have sent a reply together with a copy on an agreement and some printed T&C's

I have e-mailed these to Niddy for his guidance, as I wasn't sure if I was to post the info on here first? If so no doubt Niddy could add the attachments to this thread for others to see and share the experience. Appreciate any help & guidance that can be provided. Thank you in advance

[confused76]

Re: Bank of Scotland CCA Help required

hi there and welcome to the board

Niddy will get back to you asap so don't fret if you don't get a reply immediately he's very good! Don't worry you're in safe hands x

[Never-In-Doubt]

Re: Bank of Scotland CCA Help required

Hiya

You have blanked out the cca - sorry, can't help. It is impossible to even see the sections after editing, let alone determine legibility, terms, writing, signature etc......

I need the original as they send you.

Please resend un-altered or assume it is enforceable and arrange repayments.

p.s. we do not add attachments (agreements) to the threads, they should be emailed to me.

[hampers]

Re: Bank of Scotland CCA Help required

Hiya

You have blanked out the cca - sorry, can't help. It is impossible to even see the sections after editing, let alone determine legibility, terms, writing, signature etc......

I need the original as they send you.

Please resend un-altered or assume it is enforceable and arrange repayments.

p.s. we do not add attachments (agreements) to the threads, they should be emailed to me.

Niddy,

OK sorry, I thought I had to blank out the personal info, I will e-mail you the originals shortly

Many thanks

[hampers]

Re: Bank of Scotland CCA Help required

Hi Niddy,

I hope you received the original CCA BOS sent, which I sent to your e-mail address, just checking you received it ok and if so looking forward to hearing if you feel this CCA is enforceable or not?

Thanks very much

[Never-In-Doubt]

Re: Bank of Scotland CCA Help required

Hi Niddy,

I hope you received the original CCA BOS sent, which I sent to your e-mail address, just checking you received it ok and if so looking forward to hearing if you feel this CCA is enforceable or not?

Thanks very much

Hiya, that is unenforceable. Respond with this: ---> viewtopic.php?p=1503#p1503

Well done

[hampers]

Re: Bank of Scotland CCA Help required

Niddy, Oh that's good news I'll tell my Cousin, sorry for being a bit thick but when you said respond with this, the link opens up lots of different templates etc, which one!

Thanks very much

[Never-In-Doubt]

Re: Bank of Scotland CCA Help required

No, if you do not click anything and just click the link - then wait - it will open at the relevant template! If you're using a phone or tiny screen then yea, it won't anchor correctly either!

The template does link properly, it is called: "CCA Query - Missing Prescribed Terms"

Try again, click this and do not click anything else - let the page properly load: ---> viewtopic.php?p=1503#p1503

[hampers]

Re: Bank of Scotland CCA Help required

Hi Niddy,

My cousin has since been served with a CC summons by BOS I have managed to buy her an extra 14 days by her sending off an acknowledgement of service.

In the particulars of claim section it says:-

The Claimant's claim is for £7590.40 presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied to hitherto.

By an agreement dated 11/08/2000 the Defendant has an account no XXXXXXXXXXX with the claimant. The Defendant has failed or delayed to adhere to the terms of the Default Notice issued by the claimant under terms of the Consumer Credit Act 1974. The balance due as at 28/11/2010 on the said account is £7590.40

Surprised BOS have taken this action, maybe they think this is an enforceable agreement?

She wants to defend the action and dispute the whole claim, especially now you have suggested it might not be enforceable. What is the next step Niddy, what needs to be done so she can send a proper defense off asap.

Apprecaiate any further input please Thank you

[Never-In-Doubt]

Re: Bank of Scotland CCA Help required

Hiya

For clarity the fact we feel it is UE does not warrant a defence in court, that is something I strongly urge against and the fact you're jumping in here with a preconception of motive does worry me. My point is, have you done your homework? Why is it UE and on what grounds will your cousin defend? I have only confirmed, in my opinion, that the document they sent you is UE - at first glance. There is a lot to do before even considering a defence.

If you jump the gun, you get shot down - sorry, it's the way it is. You have to calm down, step back and think about things before stressing.

Learn about Practice Direction 10(3) - see here for a brief recap ---> http://www.justice.gov.uk/civil/procrul ... m#IDAINJOB

Niddy

[Never-In-Doubt]

Re: Bank of Scotland Court Papers Served

My above post was edited after Maxwin provided the following help (thanks Maxwin):

with reference to your reply to hampers.......
I have just telephoned the county court and they clarified to me that the fact that you send in the AOS gives you 28 days from the date of service to prepare your defence, regardless of when they receive it.
It does not give you 14 days from the time you send in the AOS.
I needed to clarify this as other wise I would have run out of time!!
The lady at the court stated categorically that i had until the 24th to file my defense.
Unless it is different with Money claim online, that is the procedure for the County Courts.
Hope this helps....

It helps a lot, thanks! I'm not an expert on the legal side of things i'm afraid, I do stress this lol. :red

However I am going by the HM Courts site - see here: =---> http://www.justice.gov.uk/civil/procrul ... m#IDAINJOB

[hampers]

Re: Bank of Scotland Court Papers Served

Hi Guys,

Sorry got the dates slightly wrong.

ISSUE DATE 23 November 2010

Now regarding the DAY OF SERVICE, it says on the Court papers. The Day of Service is taken as 5 days after the issue date, not sure if this is 5 working days or just 5 days if the latter that would take it to Sun 28 Nov, so what is the correct DAY OF SERVICE here...sun 28 Nov or Mon 29 Nov?

The Acknowledge of Service was filed online Mon 06 December and it says on the papers, if you sent the acknowledement of service you must send a defence to the court to arrive no later than 28 days from the date of service.

So again once I know what is the correct Day of Service I can then work out the deadline for the defence to be filed by. Again can someone help me as to whether the days are working days or not and what about the Christmas holidays, I assume you ignore each holiday date as not counting?

The reason I suggest my Cousin filed the AOS was to allow more time as my understanding is if you do nothing the Claimant can enter judgment against you.

Niddy, I know you only "suggested" this CCA from the BOS "might" be unenforceable but she has to defend it as BOS sprung the CC summons on her, not sure if they are just trying their luck with Christmas coming up, hoping she will mess up on timing etc.

Where do we go to find a suitable template to knock up a simple defence based on the circumstances that the CCA might be unenforceable due to not having, as you suggest,the prescribed terms & conditions attached?

Basically can someone help here, have there been any similar CC claims successfully defended due to the CCA not having the prescribed T&C attached etc, any links to other defendants who have posted a copy of their defence etc.?

Very much appreciate any help of guidance here asap Thank you

[jen_br]

Re: Bank of Scotland Court Papers Served

The worst case scenario... is they issue her with a CCJ and they look at her income and expenditures and make a reasonable offer that way.

[Never-In-Doubt]

Re: Bank of Scotland Court Papers Served

Basically can someone help here, have there been any similar CC claims successfully defended due to the CCA not having the prescribed T&C attached etc, any links to other defendants who have posted a copy of their defence etc.?

Very much appreciate any help of guidance here asap Thank you

I'd suggest you do not take to court such a case - you will lose. Judges are always going to hide behind Cary so my advice, don't fight this at court, instead walk away and agree to repayments.

Sorry, but I don't think many will win in court nowadays.....