Help With BOS Threatening Letter

[wotsundermykilt]

I have an old account just came out of the woodwork with an ex wife which has not been used for at least 5 years that i know about.I am now getting threatining letters like the one below.Can anyone help with my next move. The letters came to me with my ex's name on it, she does not live here but they will not listen.She has recieved no contact even though its a joint account.

 

Do not attempt to use your account (have not for years)

 

"The conduct of your account is unacceptable.You are £495.76 overdrawn without authorisation.Please pay this amount immediately & the value of any recently written cheques or card transactions"

"You will be charged interest at our unathorised rate on the whole of the overdrawn balance.You may also incur charges as detailed in our attached tarrif"

"We will take steps to withdraw your account facilities unless the account is brought back in order immediately"

 

I have since had a letter telling me they are charging me a £28 unathorised overdraft fee.

 

I have contacted them once to see what its all about & why the account was allowed to run like this for years with no contact & they said its automated the overdraft thing. Bah Hum bug

 

anyone tell me what step to take next

Sorry this is so long

[MARTIN3030]

I have an old account just came out of the woodwork with an ex wife which has not been used for at least 5 years that i know about.I am now getting threatining letters like the one below.Can anyone help with my next move. The letters came to me with my ex's name on it, she does not live here but they will not listen.She has recieved no contact even though its a joint account.

 

Do not attempt to use your account (have not for years)

 

"The conduct of your account is unacceptable.You are £495.76 overdrawn without authorisation.Please pay this amount immediately & the value of any recently written cheques or card transactions"

"You will be charged interest at our unathorised rate on the whole of the overdrawn balance.You may also incur charges as detailed in our attached tarrif"

"We will take steps to withdraw your account facilities unless the account is brought back in order immediately"

 

I have since had a letter telling me they are charging me a £28 unathorised overdraft fee.

 

I have contacted them once to see what its all about & why the account was allowed to run like this for years with no contact & they said its automated the overdraft thing. Bah Hum bug

 

anyone tell me what step to take next

Sorry this is so long

 

Ok first of all when you set up the account do you recall if the account required one or or both sigs to conduct normal activity ?

 

Firstly you should do 2 things.

 

Make an application to the bank under the data protection act.

the letter for this is in the banks temp folder (link on this post )

send them the ten pounds fee.

 

In addition to this send them a separate letter which is called a cca request.

In this one you are asking for 2 things.

firstly a signed copy of the original agreement between you and the bank.

And secondly a copy of any default notice (if any was issued)

Send this letter (also available as a temp) with a fee of 1.00 postal orders will do.

 

When the bank supplies you with these you will be in more of a position to work out a course of action.

For the data protection they have 40 days to reply

for the cca request they have 12 working days followed by 1 month.

 

Issues relating to credit management and debt recovery are dealt with from their Telford office is this the one you have an address for ?

 

for your data protection send to RBS RETAIL REGULATORY RISK BUSINESS HOUSE B PO BOX 1000 EDINBURGH EH12 1HQ nd mark for attention of Joyce Tudor.

 

 

Hope this helps.......I would say you should look around the site and get some ideas.I have given you all this here as I am aware that to collate this would involve a lot of threads to visit.....I hope you will be encouraged to get clued up now that you are aware there are processes to address your concerns and hopefully get it sorted.

[wotsundermykilt]

Thanks for your help once again. Is the 12 days for a copy of my agreement & the 1 month for the default to be shown to me because i have another joint account that they say defaulted but i was never informed at the time & they have just sold it onto another company.(I have the statements from that account) By the way I have visited loads of threads & my head is minced trying to take it all in. Its scary stuff & I just worry i am taking on too much

mike

[wotsundermykilt]

forgot to mention that the threatening letters are coming from retail bank collections trinity road halifax & the other letters charging me interest & unauthorised overdraft fee's are coming from the mound in edinburgh

[MARTIN3030]

ok just to be clear.

 

The defaults are not legal if you did not get the paperwork.

(you never saw them did you ? )

 

 

So you are now giving them another shot at supplying you with a copy to prove it exists !!

[MARTIN3030]

I can understand how your head feels........I am still dealing with 5 dcas and 4 banks myself.!

 

The defaults and cca agreement are both the same request CCA

 

your account is still being dealt at Trinity rd ?

ok use that for your request.

 

Gives you a little more to go on

 

I am going to bed now

 

Ntey nite and keep at it !!

[wotsundermykilt]

Just a thought who should have the default documents & the signed contracts? The Bank or the company they have just sold the debt onto? I am presuming the bank of scotland have sold this debt on, because they knew i was looking into their bad practices or bad handling of my account by demanding all my old statements & just sold it on cheaply?

[MARTIN3030]

Recent info.

 

If the bank has sold the debt they have no responsibility for the account.

They reissue the default in their name

All the paperwork now has to be supplied by the dca not the bank.

 

But of course you still claim your charges from the bank.

 

Once the bank settles your claim.......its possible to commence court action against the dca to remove the default/make a claim for damages etc.

Its likely to succeed if the charges were penalty related.

[wotsundermykilt]

Martin are you telling me that the debt collection agency will have issued a default against me now which means if I take no action it will be another 6 years before it comes off my file?

 

Also I am presuming if I ask for all my up to date statements again, i will not get them from the bank?

I will not get my contract or default proof from them either?

This stinks of the bank getting out while they can because they know they have not handled my account in an appropriate way arghhhh. Right this Monday I have a day off work so will do all the relevant paperwork I need to do or i will get in a rut.

Mike

[MARTIN3030]

Default will have been re-issued by the dca.

[MARTIN3030]

The bank will still have paperwork yes.......they are required to keep it 6 years.

 

You still apply there for statements.

Ask the dca for your original agreement and a default notice.

If they cant supply these then they cannot enforce the debt.

[wotsundermykilt]

Will the date of the default be the same as when B.O.S administered it or will it be from when the dca registered it? IE: I thought you could only put 1 default against 1 debt but if I am wrong then I am being penalised again even though i pay regular

Mike

[MARTIN3030]

Yes from original date only.

 

The dca is obliged to list the transfere on the credit file.

 

Tell you what.......Ive been reading a very interesting thread called how to remove your default.

its in the Balffs and dca section

 

Written by a trinee company lawyer......this guy knows his stuff I am sure it will interest you !!

[wotsundermykilt]

Will have a look when i finish work tonight Martin thanks. sounds interesting. I have read somewhere about getting your defaults removed but cannot remember if its the same one. Thanks for all your help & the scales of justice have been attacked by my mouse for all your information on my behalf

Mike