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Hi,
I was wondering if someone would help. This is a bank loan I took from BOS in 2006, sold to Cabot who are threatening legal action. Last payment was in 2018. BOS never served me with a default notice and they have all but admitted to Cabot that no letters were sent to me. All they are relying on is the screenshot show inga default was sent after one missed payment. I have drawn their attention to the fact that the fee of £30 in the terms and conditions was never applied to the account around the date they claimed to have sent the default letter and the fact that default letters are sent after 3-6 missed payments and not one. . It so happens that 2 weeks after the so called default notice, they applied a charge of £50. They claim this as the default charge because they had changed the terms of the loan agreement at that time. They are however unable to provide those terms and conditions due to the age of the account and have sent a cheque of £20 as a refund which I have returned. So my question is
1) The loan agreement specifically asks me to refer to the Personal loan agreement booklet 2005 which lays out the charges. Can BOS increase the charges they apply to a fixed term loan? (ie charging £50 instead of £30 as stated in the agreement?).
2) If they cannot find the new terms, can Cabot claim they have met the requirements of my CCA request?
I was wondering if someone would help. This is a bank loan I took from BOS in 2006, sold to Cabot who are threatening legal action. Last payment was in 2018. BOS never served me with a default notice and they have all but admitted to Cabot that no letters were sent to me. All they are relying on is the screenshot show inga default was sent after one missed payment. I have drawn their attention to the fact that the fee of £30 in the terms and conditions was never applied to the account around the date they claimed to have sent the default letter and the fact that default letters are sent after 3-6 missed payments and not one. . It so happens that 2 weeks after the so called default notice, they applied a charge of £50. They claim this as the default charge because they had changed the terms of the loan agreement at that time. They are however unable to provide those terms and conditions due to the age of the account and have sent a cheque of £20 as a refund which I have returned. So my question is
1) The loan agreement specifically asks me to refer to the Personal loan agreement booklet 2005 which lays out the charges. Can BOS increase the charges they apply to a fixed term loan? (ie charging £50 instead of £30 as stated in the agreement?).
2) If they cannot find the new terms, can Cabot claim they have met the requirements of my CCA request?
