Bank of Scotland terminated without default notice and without claiming full balance, Blair, Oliver Scott DCA

[millymollymoo]

Letter arrives 10th jan from HALIFAX now dated 8th January in reference to my letter of 27 Nov.

 

NO DEFAULT NOTICE ENCLOSED . Also letter makes no sense to my letter bar one tiny paragraph at bottom. Mentions loads of letters apparently sent. I only had two of ALL listed and certainly not the DN referred to.

 

{deleted letter:]

Edited January 28, 2009 by millymollymoo
deleted letter

[millymollymoo]

deleted

Edited January 28, 2009 by millymollymoo
deleted letter

[millymollymoo]

and enclosed a very faint 1 page copy of already received alledged agreement:

 

[millymollymoo]

on 14 january I send this letter as suggested by banker:

 

[deleted letter]

Edited January 28, 2009 by millymollymoo
deleted letter

[millymollymoo]

I then receive a bank statement requesting payment to reach by 3RD FEBRUARY 09.

 

 

Then i receive aletter dated 19th january in reply to my 16th december letter. talk about muddled in their company. I thought they had issued their response on the 8th january. NO COMMUNICATION YOU WILL SEE!!!!

 

ALSO NOTE the differnt letter heads, blair, Bank of scotlanf , Halifax, HBOS!!!! all different departments!!!

 

 

[deleted letter}

Edited January 28, 2009 by millymollymoo
deleted letter

[millymollymoo]

and then todayWHAT ON EARTH its BLAIR, OLIVER SCOTT whom has ignored ALL LETTERS addressed to them..

 

Emm............ the account is in dispute, you have ignored me, according to your bosses in their latest statement { on a TERMINATED ACCOUNT!!!] they want arrears by 3rd February, NOW YOU WANT MY HOUSE!!!!!!!!!!!!! in two days....lol

I think they should call their OWN helpline!!!!!!!!!!!!!!1

 

 

[deleted letter}

Edited January 28, 2009 by millymollymoo
wrong date! deleted letter

[millymollymoo]

PROFESSIONAL my a@@@!!

 

Milly XXX

 

So folks whats your suggestions please!!!

[millymollymoo]

received special delivery my S.A.R request in the allotted time today.

 

Okay no default notice or Notice of assigment as request in the full S.A.R.

 

Have looked through it and looked at a reference to 18/08.08 the date of the DEFAULT NOTICE that I was told in letter was sent.

 

Firstly any letter sent states catergorically under details: to correspondence address. Under this ref one it says nowt sent as I thought;)

 

Under this date it says this:

 

050- Triad - Issue of NOD/Primary

Details: letter/trans++++++++ {what this means????}

 

Nothing mentioned to correspondence address.

 

on 22/08/08

 

050 - Triad Issue of NOD/Primary

details £12

 

on 06/09/08

050 - Triad issue of NOD/Primary

Details: letter/Trans L****[ letter ref which I received just a final demand]

to: correspondence Address

 

 

So as you can see if on 18/08.08 Default Notice was issued it states it was never sent as ALL letters if sent say correspondence address. HA!!!

 

 

Next exciting bit of info I have THE CREDIT AGREEMENT which is nowt like what was sent!!! it is signed.....but has asolutely NO prescribed terms{ I will post up tomoz!!!] no wonder they did not want to send it originally!!!!!!

 

looking through any data processed it certainly mentions Blair, oliver, scott letter generated 08/11/08 sent 10/11/08!

 

I can see that it seems they were doing something to the account soon after, as on statement provided in S.A.R but NOT on copy sent to me as a normal statement it says this:

 

08/12/2008 plan Balance transfer -£11.00

08/12/2008 plan Migration £11.00

 

 

On data information sheet it says this in reference:

 

02/12/08 PLAN DELETED BBSNOG 001 DT PAID OFF 06/2008

 

04/12/08 REINSTATEMENT VO/ PRIOR BLK 04/12/08

 

so it seems they deleted the plan to transfer to Blair and then they reinstated account on the 4th December after originally passing to Blair!!!!! all without my permission.

 

 

 

Last statement in S.A.R states this {this info is not on the last statement I received]

 

09/01/2009 Interest £x.xx

09/01/2009 interest £x.xx

 

09/01/2009 Plan Balance transfer -£12.00

09/01/2009 plan migration £12.00

 

 

so there you go it seems that NO DEFAULT NOTICE AS IT SHOWS WAS NEVER SENT and that corresponds with the final demand letter I received on 06/09/08 that NEVER mentioned a DN!

 

 

It seems that something DID happen to the account as it refers to migration of account.

 

Then it mentions REINSTATEMENT

 

so any help most appreciated!

 

Milly XXX

Edited January 21, 2009 by millymollymoo
spelling

[banker_rhymes_with]

Hello Milly!

 

I suspect it was the letter you mentioned in Post #04 above that has tipped them off and made them think. From what you say, I gather BOS (DCA) got that on 03/12/2008. That could be an important date/fact, see below.

 

That is a good one for people to take on board...don't tip a banker off he's made a mistake too quickly!

 

Sadly, telling them about the Default Notice issues and Termination was probably not an ideal thing to do.

 

If you read everything from that point, then I think you can see what they have been trying to do once they realised their mistake and/or you made them realise their mistake.

 

The good news is you do, clearly, have a letter from BOS (DCA) dated 10/11/2008 confirming the agreement has been Terminated (because you failed to remedy the recent Default Notice). It doesn't get any clearer than that.

 

Plus, BOS (DCA) have also confirmed the Termination by asking you for the Full Balance on 16/01/2009. That Balance being made up of Arrears due before Termination, and sums that were otherwise not due before Termination.

 

To ask for the whole Balance including early Payment of future sums, again confirms they regard the alleged Agreement has been Terminated, and confirms they think they have issued a valid Default Notice that you failed to remedy, bestowing upon them the benefits of s87.

 

So, not once, but twice has BOS (DCA) confirmed the alleged Agreement has ended.

 

Plus, your SAR seems to show BOS (bank) reinstated the Agreement!

 

To reinstate something, it needed to be in need of reinstatement. This is the third piece of evidence that they regarded the alleged Agreement had been ended. But, of more importance, that is an admission by BOS (bank), and not just BOS (DCA).

 

Your task now is to establish a link between BOS (DCA) and BOS (bank), because once you do, anything BOS (DCA) says is what BOS (bank) says. They cannot hide behind the Termination being a mistake by an independent DCA acting in isolation without their explicit instructions to Terminate.

 

I'd SAR BOS (DCA) now as well. That has to be worth another £10 plus Special Delivery. Technically, if they are all part of the same BOS group, then BOS (DCA) should send you the same bumf, or they may say the S.A.R. bumf has already been provided and you cannot ask for it again so soon! That would confirm they are linked.

 

IOW, use the SAR to BOS (DCA) to help establish there is a direct link between BOS (DCA) and BOS (bank)...or, if not, then the S.A.R. may reveal any letters from BOS (bank) to BOS (DCA) telling them to Terminate.

 

As mentioned above, don't write any long letters to them, as it could just work against you. From now on, softly, softly catchy monkey. OK.

 

Keep in mind you have 3+ bits of evidence that the alleged Agreement was Terminated (Termination on 10/11/2008, Deletion 02/12/2008, reinstatement on 04/12/2008...then the bizarre Full Demand on 16/01/2009).

 

Also keep in mind that they have failed to serve a Default Notice, and your S.A.R. seems to confirm that they never sent one. They also failed to prouce a copy along with the other S.A.R. documents.

 

Canaan has just had the Claim against her thrown out because the Creditor could not produce a Default Notice. So, do take heart!

 

No Default Notice plus 3x bits of clear evidence they Terminated thereafter and they have lost the benefits of s87.

 

If they have reinstated a Terminated Account, as seems to be the case from your S.A.R. evidence, then that is a one-sided Agreement, a new one! You never agreed to that!

 

If this gets to Court they should have major problems:

 

(1) No Default Notice received.

 

(2) No copy of a Default Notice sent with your S.A.R. bundle of bumf.

 

(3) No evidence that a Default Notice was even issued based on your S.A.R. bundle of bumf.

 

(4) Termination letter from BOS (DCA) 10/11/2008. Keep that very safe!

 

(5) Evidence from your S.A.R. that BOS (bank) deleted your Agreement on 02/12/2008.

 

(6) You sent BOS (DCA) a letter effectively warning them they had messed up, and that letter was delivered on 03/12/2008. They opened that, jaws hit the floor, and...

 

(7) Evidence from your S.A.R. that the Agreement was reinstated on 04/12/2008! What a coincidence! Did BOS (DCA) call BOS (bank) in a mad panic on 03/12/2008 or on 04/12/2008?

 

(8 ) To show how dull they are, you then received a letter on 16/01/2009 from BOS (DCA) asking you for the FULL BALANCE...i.e. further positive confirmation that they regarded the alleged Agreement was ended/Terminated/Cancelled/Dead-as-a-Parrot.

 

So, don't give them any more help!

 

Your job now is to establish a link between BOS (bank) and BOS (DCA). If they are both part of BOS, as I think is the case, then whatever BOS (DCA) says, is what BOS (bank) says. If BOS (DCA) says the alleged Agreement is Terminated, then it's the same thing as BOS (bank) saying it. Either way, BOS (DCA) were instructed by BOS (bank), and BOS (DCA)...in their own words, is...

 

a professional Debt Collection Agency!

 

If you must write anything (), then ask them what Agreement was deleted on 02/12/2008, and ask what was the new Agreement reinstated unilaterally on 04/12/2008! Say you don't remember being asked to enter into a new Agreement on that date, perhaps they could elaborate and furnish you with a copy of the Agreement to which this refers.

 

I hope this helps.

 

Cheers,

BRW

[millymollymoo]

Hello Banker and thank you once again:)

 

I checked royal mail and the letter dated 27/11 I sent was signed for on 2/12/08 so yes this in the S.A.R makes sense [by the way this was sent addressed to Blair, oliver, Scott at the address marked retail collections on their letter not rosyth on the top.

 

this happened on S.A.R data log:

 

02/12/08 PLAN DELETED BBSNOG 001 DT PAID OFF 06/2008

 

 

I ALREADY know that Blair, Oliver, scott are Bank of Scotland as in my S.A.R it shows the call log with notes I made on 18/11/08 on receipt of letter, I rang whom I thought was BOS[DCA] on the number on the termination letter dated 10/11/08. They answered as collections. THIS CALL SHOWS ON ank of Scotland's collections/recoveries log provided.They were tricking me into believing they were BOS[DCA]. The address I have found out also is exactly the same as Bank of Scotlands collections department in HALIFAX!!!! The S.A.R also states THEY sent the Blair, oliver, scott letter as it says with a letter ref!!!

 

The last letter provided shows that is now with BOS[DCA] as THAT previous address on the termination letter is not there anymore.

 

I am concerned I may/may not write the right letter without giving further help to them:rolleyes:

 

Please could you help me draft something suitable

 

Milly XX

 

Do you think I still need to S.A.R them or not?

Edited January 22, 2009 by millymollymoo

[millymollymoo]

I have checked the letter ref and it IS the same as notified in Bank of Scotlands recoveries/collections log so this PROVES they sent it and cannot see how they can say letter is a mistake.

 

Shall I S.A.R anyway?

 

I also want a copy of the 'missing' letters referred to in the 8th jan letter from Halifax Bank of Scot. Can i ask for these.

 

Should I request DN again also?

 

I also asked in the s.a.r for a Notice of Assignment this was not provided either!

 

On the log it shows assigment , the reinstatement might refer to them taking the account back from Blair as the dates tally.

 

Here is the date issues:

 

6/8/08 - Incoming call

 

Me calling regarding letter 9/07/08

 

I have written on letter 30 August as I told them I was going on holiday and would make paymeny by then. {NOTE on account just says 16/08/08??? strange as I was on holiday and that date was not stated, no other notes . weird!!!!]

 

08/08/08 -TRANSACTION/CORRESPONDENCE SENT {did not receive this letter]

Position: F45 - Triad No Phones/Primary

Details: Letter/Trans:LXXXX { reference of letter hidden by me!}

To: correspondence address

History Text:

 

18/08/08 - TRANSACTION CORRESPONDENCE SENT

Results:

Position: 050-Triad Issue of NOD/Primary

Details: Letter/Trans ++++++++

 

{no ref here, however put in history text which is strange as diff to others, I ask has this been added since????]

 

History text: {letter ref here and peculiar numbers]

 

06/09/08 - TRANSACTION/CORRESPONDENCE SENT {RECEIVED THIS NO MENTION OF DNOTICE, A FINAL LETTER }

Result:

position: 050 - Triad Issue of NOD/Primary

Details: Letter/Trans: LXXXX

To: correspondence address

History text:

 

12/09/08- Incoming call. Me ringing concerning payment and paid £50.

 

08/11/08 - TRANSACTION/ STATE ASSIGNMENT

results:

position: H32 - issue blair, Oliver, Scott letter/Primary

details:

history text:

 

10/11/2008 - DEBIT ACTIVITY

results;

position: H32 - Issue Blair, oliver and Scott Lett/Primary

details: {looks like the interest on monthly statement charged!]

 

 

10/11/2008 - TRANSACTION/CORRESPONDENCE SENT

results:

position: H32 - Issue Blair, oliver and Scott lett/Primary

details; letter/trans LXXXX

To: correspondence address

History Text:

 

SO IT SHOWS THAT THEY GENERATED THE TERMINATED ACCOUNT LETTER ON THEIR COMPUTER AND SHOWS THEY ARE IN DISGUISE LINKED AS BOS[DCA]

shows call I made on 18/11/08 to number dialed on BOS {DCA] letter dated 10/11/08 it shows then it was BOS all the time in disguise. Thing is it says call was made by OTHER ACCOUNTHOLDER.

 

18/11/2008 TRANSACTION/STATE ASSIGNMENT

They assigned it back from properly going to BOS [DCA] to collections it seems.

So BOS[DCA] is part of Bank of Scotland it is clear and they communicate and pass accounts around internally.

Whats the suggestion as the S.A.R has in the recoveries section logs NOT given information past the account being reinstated to Bank of Scotland on 04/12/08. Me thinks they are hiding something and I am unsure of whom I should be asking information from.

Milly X

[lexis200]

Your task now is to establish a link between BOS (DCA) and BOS (bank), because once you do, anything BOS (DCA) says is what BOS (bank) says. They cannot hide behind the Termination being a mistake by an independent DCA acting in isolation without their explicit instructions to Terminate.

Would a copy of my letter from my petulant friend at BofS including the line 'To clarify Blair Oliver and Scott are not a third party, they are our internal debt collection agent' do?

 

I'd be more than happy to forward it on to you if it would help, as long as it gives them the equivalent of a big boot up the ar**:D:D

[banker_rhymes_with]

Hello Lexis200!

 

Would a copy of my letter from my petulant friend at BofS including the line 'To clarify Blair Oliver and Scott are not a third party, they are our internal debt collection agent' do?

 

That'll do nicely!

 

I have not dealt with BOS, so I didn't know for sure if BOS (bank) and BOS (DCA) were one and the same...seems they are.

 

Milly's SAR also seems to confirm that too.

 

In which case BOS Terminated. Milly has a letter to confirm that, they should be stuffed.

 

Cheers,

BRW

[banker_rhymes_with]

Hello Milly!

 

I'm a bit snarled up with Accounts at the moment, so can't give you the time I'd like for a week or so.

 

For now, I'd hassle them for every last scrap of detail you want from the SAR. If you think something is missing, ask for it.

 

Just let them ride for now on the Open Account nonsense, as I think you can see that it's best to let them roll on and while they do, gather the evidence to skewer them with.

 

Will help out ASAP, and will keep an eye on the Posts, so will help when I can.

 

Cheers,

BRW

[lexis200]

So that could put a bit of a stick in their spokes could it:D Hang on while I get my best Mr Burns voice up and running....

 

 

EEEEEXXcellent:lol:

[millymollymoo]

Hiya banker and Hi Lexis welcome to my thread:D

 

Soz banker I cannot thank you enough for your help. Hope your business is ok with all this credit crunch.

 

I am going to get the bits required missing from S.A.R and ignore Blair witch;)

 

Lexis that is fantastic, just what I thought. You actualy have it confirmed in writing that is just what I wanted to hear. EXCELLENT!!!!!!!!!!!!!!

 

please could I ask for a copy of that fab letter for my file of impending doom on them orrible lot !

 

Milly XXXX

[millymollymoo]

Hi ya,

 

Just updating to say sent of to S.A.R dept letter asking for all points wanted explaining concerning codes, etc

 

got another demand [postcard/payslip type]from blair witch to call them urgently or we'll cut off all your hair!!! ignored as still in dispute with BOS and THEY know that!!!!

 

Lexis [sweetie] sent me a copy of the two being one and the same letter! many thanks:)

 

received this from OFT:

 

Tele No

(084) 5722 4499

Our ref

Epic/Enq/E/

Fax

(020) 7211 8877

Date

27 January 2009

Email

enquiries@oft.gsi.gov.uk

Dear

Consumer Credit Act 1974 (the Act)

Complaint Against: Bank of Scotland plc, Blair, Oliver and Scott Limited

Licence No: 593292, 322750

I acknowledge receipt of your permission to disclose slip received on 26 January 2009.

 

Thank you once again for taking the time to write to us about this matter and giving us permission to disclose your complaint details.

 

Yours sincerely

 

 

 

Olushola Egbowon

Enquiries and Reporting Centre

Office of Fair Trading

 

 

 

never heard anything ack from company secretary, but this might explain the hurried letter from BOS that they are NOW escalating my complaint. yeh right same pile of p@@, back I bet.

 

So any more I should do, should I write a letter, which I know will be ignored to BLAIR WITCH as there demands are becoming extremely frequent. [forward thinking of pre action protocols, that I DID EVERYTHING!]

 

or sit tight???

 

 

Milly XXX

[angel_1]

hiya milly

 

ive just come on to do that report to oft that you kindly gave me the link, as i feel now i need to do what you have done

 

i would only send a simple letter to blair witch to refer back to bos as they are now dealing with your complaint - would just keep a copy and go to the post office send it first class and just get a proof of posting from the post office for your files, you are not really expecting them to reply but at least its just another reply you were forced to do to keep them in the loop,,, looks like you are the good guy and they are the bad ones when you prepare your paper trail, as somoene said cant remember now - always do your letters being mindful of that the judge may one day read it in any court action" - i loved that and that alone has made me think more of what i write now - so thanks whoever you were ,,,might have been BRW?

 

keep positive

 

laters angel x

[millymollymoo]

Hiya Angel:)

 

thank you sweetie. i will do that. banker is fantastic I agree!

 

We will both keep positive together;)

 

luck all the way to you angel!

 

Milly XXX

[cleo4patra]

Hiya Angel:)

 

thank you sweetie. i will do that. banker is fantastic I agree!

 

We will both keep positive together;)

 

luck all the way to you angel!

 

Milly XXX

Hi all - cleo here - received from Blair Oliver Scott today (dated 20th January 2009) Notice of legal proceedings sum claimed £xxx.xx. This is NOT the full amount and agreement has been terminated.

 

I had written to them quoting Woodchester as they terminated on a faulty DN. Does this mean they are only chasing me for arrears as sum owed is much greater.

They have given me "within 7 days of this notification " to put forward suitable payment proposals - but the seven days are up already?/

[millymollymoo]

Hi all - cleo here - received from Blair Oliver Scott today (dated 20th January 2009) Notice of legal proceedings sum claimed £xxx.xx. This is NOT the full amount and agreement has been terminated.

 

I had written to them quoting Woodchester as they terminated on a faulty DN. Does this mean they are only chasing me for arrears as sum owed is much greater.

They have given me "within 7 days of this notification " to put forward suitable payment proposals - but the seven days are up already?/

 

 

Hiya Cleo:) Sounds exactly the same as mine in post 44 ONLY roughly the arrears and NOT the full balance! I never received a DN though.

 

They ARE complete idiots!!

 

Have you got a reply yet cos this will be interesting:D

 

Milly XX

[millymollymoo]

I have decided as this case is particularly tricky to take out the letters.

 

milly X

[cleo4patra]

I have decided as this case is particularly tricky to take out the letters.

 

milly X

it is a tough on isn't it - whether to show your hand or not. I do feel the same as you - at least we have tried beforehand and this is good evidence - however it also reveals the flaws. I am going to write in response to Blair Oliver & Scott enclosing copy of letter "escalating my comlaint" and see what happens

[millymollymoo]

it is a tough on isn't it - whether to show your hand or not. I do feel the same as you - at least we have tried beforehand and this is good evidence - however it also reveals the flaws. I am going to write in response to Blair Oliver & Scott enclosing copy of letter "escalating my comlaint" and see what happens

 

 

Hi Cleo:) I do not think I did anything different than a normal person. Yes I wrote to them and pointed out the termination without default being issued.However, I think that the judge will see I did nothing wrong , yet their behaviour is unacceptable and unlawful. They have reinstated unilaterally then whilst in the middle of a formal complaint got Blair to claim the whole balance now.

 

I cannot wait to see how they are going to explain that they provided no default notice to me or sent as their s.a.r confirms;) {and by the way the date in the letter from them said a default was issued and I know that the account WOULD NOT off reached that stage. They are talking cr@p cos they are panacking.

 

Besides a letter sent after the APPARENT default date mentioned NOTHING about a default notice being issued , it was just a reminder.

 

They are making it up as theu go along!!!

 

I honestly think ignoring them would not of looked very good in the judges eyes , pre action protocols and that. It would of looked like I was trying to gain something. I will not be taking them to court though, I will let them do that;)

 

The fact is THEY have terminated -FACT - them now processing my account and then getting Blair Witch to out the blue , whilst unlawfully reinstating my account to then claim for the WHOLE balance now shows just how unlawful their behaviour is and their incompetence.

 

I am absolutely sure that a judge will not be impressed.

 

I also have worked out sums I have paid them back in full the purchases over the years, its just the interest thats outstanding on my figures and their credit agreement stinks.

 

I will follow yours closely as it seems we are in a similar boat as my title says terminated without claiming the full balance:D

 

 

Milly XX

[lexis200]

My OH's accounts are exactly the same MMM - paid off the balances and then some, so the only things left are interest and charges on a completely unenforceable agreement with no historical terms.

 

I'm trying for a write-off from them as we've been at stale-mate for a while now - unlikely to work but worth a punt:)