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Unison (BofS) Mastercard - Monthly Payments

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  • #16
    Re: Unison (BofS) Mastercard - Monthly Payments

    Same here still nothing from Cabot re the credit card, the Halifax one was rejected last week by the ombudsman despite overwhelming evidence that Cabot had not proved they "owned" it have to consider my next step for this one.
    The Sainsbury account is still, allegedly, with Blair Oliver, got a reply from that last week and they just sent me another poor copy of the original agreement and a "terms on conditions" not dated and with someone else's name on it! Really frustrated about the whole thing.
    If I do, eventually, hear anything I will let you know.
    Never give up, Never surrender.

    Comment


    • #17
      Re: Unison (BofS) Mastercard - Monthly Payments

      I have considered the response from the FOS Adjudicator (which, as I should have previously mentioned, was almost a carbon copy of a letter I received from BoS a few days earlier - it reminded me of copying from a text book when doing your doing your school homework!).
      I have gone back to them with a counter-argument based on the 2006 guidance from the OFT on calculating fair default charges (OFT 842) - briefly, this states that the fees for defaults should be based on what they describe as 'limited additional administrative costs' and in particular 3.27 which states that any costs over and above this should be treated as general overheads of the business and disregarded when calculating the fee.
      Despite this, I expect BoS will make something up to justify the £12 charge, and the FOS will simply swallow their explanation hook, line and sinker.
      I will report updates.

      Comment


      • #18
        Re: Unison (BofS) Mastercard - Monthly Payments

        more convinced than ever that FOS are on the "side" of the banks and others.
        Never give up, Never surrender.

        Comment


        • #19
          Re: Unison (BofS) Mastercard - Monthly Payments

          I am sure you are right - one issue I have is that they seem to ask the bank in question for a load of supporting information, but you never get the opportunity to challenge it (or even see it). I get the impression that they believe banks tell the truth all of the time!

          Comment


          • #20
            Re: Unison (BofS) Mastercard - Monthly Payments

            I agree!
            Now had another collector (Robinson Way) demanding payment!
            Almost 30 days into my SDAR request
            Never give up, Never surrender.

            Comment


            • #21
              Re: Unison (BofS) Mastercard - Monthly Payments

              Update.
              Verdict from Ombudsman in favour of BoS (what a surprise!) - can't do anything now other than reject the decision, which means I am not bound by it (I'm not sure what that actually means in practice, but I've rejected it anyway).

              Comment


              • #22
                Re: Unison (BofS) Mastercard - Monthly Payments

                Typical, don't hold out much hope for mine, since last post had yet another collector (Westcot) who have not responded to prove it letter (September)
                I know FOS have asked BOS for "further information" but they have not asked me.
                I rejected another from them for another BOS card and got a letter back from Cabot, did not reply and they have tried to phone me but now "barred" the number, no idea if I have "won" with this one either.
                So no idea what rejection of a decison means
                Never give up, Never surrender.

                Comment


                • #23
                  Re: Unison (BofS) Mastercard - Monthly Payments

                  After a period of relative stability and quiet, there have been some developments with my account.
                  Some time last year, a company called Sigma SPV2 Ltd bought my account from Bank of Scotland - however, I still continued to make payments to Moorcroft, who I expect simply passed the money on to Sigma.
                  On 04.11.15, Lowell Portfolio bought my account from Sigma (although I only received a letter 4th January 2016 advising of this), but they have advised that I can continue to make payments to Moorcroft which will then be simply forwarded to them.
                  I have sent a CCA request off to Lowell and will be cancelling my payment arrangement with Moorcroft - I'll keep it friendly and nice to start with. I still owe quite a bit so I expect Lowell to adopt a firm stance with this one, but we will see how it goes.
                  Will post updates.

                  Comment


                  • #24
                    Re: Unison (BofS) Mastercard - Monthly Payments

                    After advising Lowell that I was planning to cancel my payment arrangement with Moorcroft (which I have done), they wrote back to me to say that their original letter contained an error and that I need to maintain my payments to Moorcroft - the latter have also written to me asking if I can reinstate my monthly payments.
                    I've had nothing back about my CCA request, so I will sit tight initially.

                    Comment


                    • #25
                      Re: Unison (BofS) Mastercard - Monthly Payments

                      Originally posted by supermac9 View Post
                      After advising Lowell that I was planning to cancel my payment arrangement with Moorcroft (which I have done), they wrote back to me to say that their original letter contained an error and that I need to maintain my payments to Moorcroft - the latter have also written to me asking if I can reinstate my monthly payments.
                      I've had nothing back about my CCA request, so I will sit tight initially.
                      Latest development about my CCA request - received a short and sweet letter from Moorcroft advising that Lowell cannot provide the CCA documents for the account. I assume, therefore, that the debt is now unenforceable.
                      I will write to Moorcroft to confirm that, as they have failed to meet the requirements of S78 of the Consumer Credit Act 1974, I will make no further payments. I will post updates.

                      Comment


                      • #26
                        Re: Unison (BofS) Mastercard - Monthly Payments

                        Originally posted by supermac9 View Post
                        Latest development about my CCA request - received a short and sweet letter from Moorcroft advising that Lowell cannot provide the CCA documents for the account. I assume, therefore, that the debt is now unenforceable.
                        I will write to Moorcroft to confirm that, as they have failed to meet the requirements of S78 of the Consumer Credit Act 1974, I will make no further payments. I will post updates.
                        Good morning,

                        Yes the debt is rendered unenforceable via the court system, But only while the breach of the CCA requests remains,
                        if the claimant acquires the agreement or a compliant reconstituted agreement they can then issue a claim.

                        The debt is only unenforceable via the court, it still exists and can be pursued by all means other than court action and
                        can still be reported to credit reference agencies.

                        nem

                        Comment


                        • #27
                          Re: Unison (BofS) Mastercard - Monthly Payments

                          Originally posted by nemesis45 View Post
                          Good morning,

                          Yes the debt is rendered unenforceable via the court system, But only while the breach of the CCA requests remains,
                          if the claimant acquires the agreement or a compliant reconstituted agreement they can then issue a claim.

                          The debt is only unenforceable via the court, it still exists and can be pursued by all means other than court action andcan still be reported to credit reference agencies.

                          nem
                          Understood, and I expect they will re-double their efforts bearing in mind how much I still owe them!
                          I've been through the same thing with an old Marbles account so I'm pretty well versed in what can happen if they can trace the document(s).

                          Just one question - what other action can they take to pursue the debt? If, for example, they use a debt-collection company (or even Bailiffs!) to chase me for the money, cant I just tell them where to go? After all, they can't take me to Court.
                          In the meantime, I'll keep an open mind and will see how they respond.eep:

                          Comment


                          • #28
                            Re: Unison (BofS) Mastercard - Monthly Payments

                            Originally posted by supermac9 View Post
                            Understood, and I expect they will re-double their efforts bearing in mind how much I still owe them!
                            I've been through the same thing with an old Marbles account so I'm pretty well versed in what can happen if they can trace the document(s).

                            Just one question - what other action can they take to pursue the debt? If, for example, they use a debt-collection company (or even Bailiffs!) to chase me for the money, cant I just tell them where to go? After all, they can't take me to Court.








                            In the meantime, I'll keep an open mind and will see how they respond.eep:
                            Hi Bailiff action would only be a possibility if you have a CCJ and had not paid as ordered
                            by the court.
                            Moocroft and RW are debt collection agencies, Moorcroft does have collection agents
                            making house calls, you can tell these people to foxtrot Oscar don't have to deal with them.

                            A barrage of letters, phone calls, texts which is RW's preferred method for wearing people
                            down.

                            nem

                            Comment


                            • #29
                              Re: Unison (BofS) Mastercard - Monthly Payments

                              Originally posted by nemesis45 View Post
                              Hi Bailiff action would only be a possibility if you have a CCJ and had not paid as ordered
                              by the court.
                              Moocroft and RW are debt collection agencies, Moorcroft does have collection agents
                              making house calls, you can tell these people to foxtrot Oscar don't have to deal with them.

                              A barrage of letters, phone calls, texts which is RW's preferred method for wearing people
                              down.

                              nem
                              Thanks - I'm a bit of an expert at trading correspondence with people wanting money out of me - anything they can do I can do too, usually more often and usually with the help of people using this forum!:fencing:

                              Comment


                              • #30
                                Re: Unison (BofS) Mastercard - Monthly Payments

                                Please remember that even if they do send you an agreement or a compliant reconstituted agreement, depending on when the agreement was signed it may still be unenforceable. This may be because it is not correctly executed although I am not totally sure what that entails.
                                Even if it is correctly executed it may be that the default notice is defective, do you still have a copy?

                                There can be many reasons why they will not try to enforce in court

                                I would keep hold of the letter where they say they do not possess the documents

                                P.S. How much is the outstanding balance approximately

                                Comment

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