Halifax Blair Oliver Scott and CCA

[simo67]

Have an outstanding debt with Halifax for credit card, that was handed over to Blair Oliver Scott in 2009.

 

Have been making regular payments and balance is reduced from £7,400 to currently £1529.72.

 

I have had had problems with Blair Oli Scott contacting by tel while working away on business etc,

and so stated last year that no telephone communications were acceptable and written comms only.

 

This took 2 goes over 2 months to establish this and make sure it was recorded by collection team,

 

I was annoyed and frustrated when in Nov this year I got 2 automated phone calls from collections team,

the first I just shouted at the Bangalore calle centre person to 'read your records' ,

 

the second I asked to be put through to call centre supervisor,

waited 5 mins nothing

 

called them back and made a complaint about the harassment and debt collection guideline breaches being made by Blair Oliver Scott on behalf of Halifax.

I also complained about the costs incurred by me on mobile phone charges to a 0845 number to make a complaint,

for this I received a cheque from Halifax Retail Collections Chester for £40 5 days later () to reimburse me on call charges.

 

I then received a letter dated 25th Nov 2013 with a name change from Blair Oliver Scott ( a wholly owned subsidary of BOS PLC)

to Halifax Retail Recoveries (same address in Rosyth/ Fife) quoting the same reference number and CC account number they have used all along, so things seem to tie up there.

(Thought this would have been in response to the previous problems Bl Ol Sc and HBOS have had with a dormant company with no accounts published)

 

I then sent a letter with £1 SO for a CCA to Blair Oliver Scott dated 26th November

only quoting the reference number they have used for past 4 1/2 years with my name and address.

 

I also sent a seperate letter of complaint dated 26th Nov advising them of their breaches in OFT debt collections guidelines

and that any further phone calls made to me would constitute harassment and would be reported to the police

and OFT and a copy of this letter would be accompanying my complaint to trading standards and OFT.

 

Onto replies,

I received a letter from Claire Ellis in Halifax Customer services in Leeds dated 10th Dec thanking me for my recent enquiry

and they are sorry to learn I'm unhappy with them.

Then promising a reply as soon as possible but certainly within 8 weeks and accompanying leaflet about how to complain with the Halifax.

 

CCA Reply exactly as written from Halifax Card Services Dunfermline Fife dated 5th Dec

 

Dear Mr Xxxxxx

I refer to your attached letter

You have not provided a valid account number and I cannot trace your account with the details provided.

Once you have provided us with a valid 16 digit account number, we will be able to assist you with your enquiry.

 

If you are unable to provide to provide to us this, please supply us with as much information as possible such as

full address details

any change of name

date of birth

date account opened

 

Please be aware that section 78 only applies during the lifetime of an agreement.

If your account has been closed and paid in full,

then there would no longer be a regulated agreement between us.

 

In view of the above, we would unable to provide you with the documentation as requested

Yours sincerely

Pam Heslop

Head of Card Operations

 

As the CCA contained my name and home address and the reference Blair Oliver Scott have used for the past 4 years +,

surely this person could quite easily have found my details very easily or is that letter saying they have insufficient data collection

and storage procedures within the company.

wonder if the ICO would be interested in that ?

 

Only other alternative thought is that Halifax (BOS) are just time wasting ?

hindering or delaying a request ?

 

What Steps should I take now apart from including my CC number in reply and should I now only make letters for the attention of Pam Heslop?

 

I thought I read somewhere that she be made responsible if they fail to deliver the said details if I decide to pursue anything with them.

 

As the debt has not been paid in full and is still on my CRA report,

surely there is an agreement between myself and the Halifax

 

Any advice welcome,

knowing that the Halifax love to crush anyone complaining about them,

wishing to take them on and also that I still have a current account with them so they could by rights remove money from it to recover debt on card.

[Bazooka Boo]

Firstly Blair Oliver & Snot ARE Halifax, (Bank Of Scotland)

 

As you have found out talking to them over the phone is about as much use as indicators on a submarine, none of them have any telephone/communication skills especially if you try and divert them from their script.

 

Even if the account has been closed and/or paid in full they would legally be obliged to retain all information regarding the account under the money laundering regs, so what they are saying is technically untrue, no surprises for a bank to tell porkies!

 

They have 12+2 days in which to respond to your CCA request, however, you would need to give them the account number of the account you want the agreement for.

 

How old is this? When and how was it taken out?

Are there any fees/charges that you can reclaim?

[simo67]

Hi Bazooka,

Thanks for your reply

I will send another CCA with CC account number and as they already have my £1 SO fee they can use that.

I was not suprised that they are telling porkies, I was sure they have to keep records for 7 years.

The original agreement would have been a credit card agreement taken out end 2007 - early 2008 , might have details in my paperwork, would have been in branch I think with Halifax.

Fell into arrears with payments around end 2008 through till Sept 2009 when separating from wife/family and having to support 2 households.

There are quite possibly extra interest charges added at that time and possibly late payment fees? before it went into default and then came Blair Oliver Scott and have made monthly payments ever since. I think once I get the CCA I might submit a SAR and see what they have.

The telephone agents are I agree and I will be plaguerising this "as much use as indicators on a submarine" . They never deny that they are working for BOS, especially when you state that Blair Oliver Scott has not published any accounts for a number of years and is listed as dormant in companies house, they then confirm there wages are being paid by Halifax /BOS and they work for BOS /Halifax

[BRIGADIER2JCS]

BOS is just an in house legal department nothing more.

 

= B ank Of S cotland.

[PRBrown]

If it's Bank of Scotland then I wouldn't be surprised if they can't find your agreement. I have personal experience of BofS credit card with a large balance where they have admitted they don't have/can't find any paperwork in response to an s78 request. Despite being in a similar situation with a number of cards, this is the only company who have ever admitted that they don't have an agreement. The agreement has never been produced to date and I don't believe it ever will. The card was originally a Marbles card and I don't think they ever got the paperwork when they took over that card - probably wasn't an issue for them at that time which I'm sure they regret now.

 

 

They tried hard for a couple of months to get payment, then sent 2 DCA's after the money, but their existing non-compliance with an s78 request is an absolute defence (until/unless they remedy it). It's been several years since I heard anything and the debt becomes statute barred early next year.

[Bazooka Boo]

I will send another CCA with CC account number and as they already have my £1 SO fee they can use that.

 

If they have already received and cashed your first payment (£1) then there is NO NEED to send them any more money.

 

Unless they have returned the initial payment (Chq or PO) then DO NOT send them any more money!

 

A request for a CCA is £1 and £1 only, once sent and issued, failure to submit said documents places the account in dispute.

 

No phone conversations, EVERYTHING is to be in writing ONLY. They tend to ignore this but can easily be persuaded via court action for the criminal offence of harassment.....

[dx100uk]

Have been making regular payments and balance is reduced from £7,400 to currently £1529.72.

 

 

..............

 

so if they know noting about you

 

can I have my money back please ?

 

dx

[simo67]

I am about to post the return CCA without fee to Pam Heslop (Head of Card Operations)

also very tempted to ask

 

'Can I have my money back please' if you know nothing about the account .

 

Have also advised her of the money laundering regulations and that if I submit a SAR then all data about me whether agreements ended or not have to be supplied to me.

 

As I also complained and received a £40 cheque for my call and a letter advising they are investigating

and now a text asking me to call them today between 8-4 with a specific number and ID to route me through to Clair Ellis in Customer services.

Any advice on best way to deal with the customer complaints over the phone

 

ref from first post reg complaint.

 

"I also sent a seperate letter of complaint dated 26th Nov advising them of their breaches in OFT debt collections guidelines

and that any further phone calls made to me would constitute harassment and would be reported to the police

and OFT and a copy of this letter would be accompanying my complaint to trading standards and OFT.

 

Onto replies,

I received a letter from Claire Ellis in Halifax Customer services in Leeds dated 10th Dec thanking me for my recent enquiry

and they are sorry to learn I'm unhappy with them.

 

Then promising a reply as soon as possible but certainly within 8 weeks and accompanying leaflet about how to complain with the Halifax."

 

So received the text this morning asking me to call them, should I call them?

and ask them only to deal in writing,

see what they have got to say?