Getting a refund but account still "overdrawn"; what to do?

[Barobalti]

Hello everyone,

 

I lost my job a few years back and we were shown no mercy by Blair, Oliver, Scott (aka the Bank of Scotland) and it now looks as if, even though we're gradually crawling from the wreckage, I'll be repaying them for the next ninety years.

 

Now we're obviously going after BoS for the horrendous charges we were hit with during our time of pain, but I'm really wondering if they have some sort of liability based on an element of contributory negligence for their "Sure! HOW much do you need to borrow?" vs "Oh! So you've lost your job? Well your asse belongs to ME now little boy!" modus operandi?

 

I'm compiling a fact sheet of the entire circumstance and would appreciate the help of any "buddy" who has knowledge of similar.

 

Best wishes to all of you and a great site!

[lisamellor]

well in my opinion it is their job to sell loans to people etc, but if the person chooses to have one it is their choice, harsh i know but you must have thought you could afford to have it at the time or you wouldnt have got one.

 

i dont think that the route that your thinking of going down will get the results you want.

 

good luck lisaxx

[tomba90]

So what you are saying is that you had been pushed into a loan due to your financ ial position ???

 

There has been one thread on this site where they claimed a similar story, and won all there charges and the loan amount from RBS. Unfortunatly cannot remember who it was, or how they did it.

 

So not much use then...............

[Barobalti]

Hi,

 

just in the midst of gleaning Data Protection Act accounts from Scotland (pre-merger) and Halifax for 4 BoS accounts.

 

Lost my job a few years back and that's when the nightmare began because we could not sustain our loan repayments; so for a couple of years I've been repaying "Blair, Oliver, and Scott" on a monthly basis. Their letter dated 8th June 2004 confirmed that “neither interest nor credit care insurance” would be applied, but this did not turn out to be the case.

 

It now looks that the penalties incurred and accumulated could amount to £4K plus interest and so I've written to Blair, Oliver and Scott to confirm that we're suspending payments to them until the "charges" issue has been addressed to my satisfaction.

 

Questions:

 

1) Should I be asking for refunds payable to me, or offset against the outstanding loan, and

 

2) In the light of this should I be trying to re-negotiate a final settlement agreement for this loan? (And should I do this with the help of a lawyer under Scots Law?)

 

thanks!

[Mike220359]

I tell you what this bunch really are the biscuit. They are very professional don't shout, don't threaten at least in my case.

 

The trouble is they don't reply to anything in writing only phone calls which they make you ring. Incidentally www.saynoto0870.com have other 'phone numbers under the Bank of Scotland 'collections'.

 

What I would do as I have done is ask for the original agreement in the first case, they won't have it and neither will the files department in Chester. That allows you to stop making payments, that will then get their attention. Ring them up and ask the relevant questions regarding your position and ask them to put in writing. Keep a diray of the events. Obtain your credit history to ensure that they are not passing on your data to the original lender which is what they shouldn't. Threaten them with the Ic for non compliance, you'll soon get their attention.

 

Mike

[Barobalti]

Hi,

 

I'm just in the midst of gleaning Data Protection Act accounts from Scotland (pre-merger) and Halifax for 4 BoS accounts.

 

Lost my job a few years back and that's when the nightmare began because we could not sustain our loan repayments; so for a couple of years I've been repaying "Blair, Oliver, and Scott" on a monthly basis. Their letter dated 8th June 2004 confirmed that “neither interest nor credit care insurance” would be applied, but this did not turn out to be the case.

 

It now looks that the penalties incurred and accumulated could amount to £4K plus interest and so I've written to Blair, Oliver and Scott to confirm that we're suspending payments to them until the "charges" issue has been addressed to my satisfaction.

 

Questions:

 

Over £4K through 4 accounts -- Do I proceed claiming in £750 segments via Small Claims Court, or go for the lot at once? (As we're in receipt of Working Family Tax Credit I was exempted from Court fees for my continuing fight v The ShAbbey)

 

Should I be asking for refunds payable to me, or offset against the outstanding loan? Because of the loan I accept that I owe THEM (loan) and they owe ME (charges refund)"

 

 

and

 

In the light of this should I be trying to re-negotiate a final settlement agreement for this loan?

 

Would appreciate any help on these points before I proceed...

[Barobalti]

I'm currently collating Data Protection Act accounts from Scotland (pre-merger) and Halifax for 4 separate BoS accounts. They're holding out on one of these ("microfiche" and all that nonsense) so I'm setting my "Evil Twin Brother" on them...

 

I lost my job a few years back and that's when the nightmare began because we could not sustain our loan repayments; so for a couple of years I've been repaying "Blair, Oliver, and Scott" on a monthly basis. Their letter dated 8th June 2004 confirmed that “neither interest nor credit care insurance” would be applied, but this did not turn out to be the case when I look at the repayments summary.

 

It now looks that the penalties incurred and accumulated could amount to £4K plus interest over the four accounts, and so I've written to Blair, Oliver and Scott to confirm that we're suspending payments to them until the "charges" issue has been addressed to my satisfaction.

 

Questions:

 

Over £4K through 4 accounts -- Do I proceed claiming in £750 segments via Small Claims Court, or go for the lot at once? (As we're in receipt of Working Family Tax Credit I was exempted from Court fees for my continuing fight v The ShAbbey). Of the three accounts for which I have data, two are under the £750 threshold but one looks like perhaps TWO claims via Summary (£2,445.00 total).

 

Should I be asking for refunds payable to me, or offset against the outstanding loan? Because of the loan I accept that I owe THEM (for the loan); however, they also owe ME (unfair charges refund).

 

 

and

 

In the light of this should I be trying to re-negotiate a final settlement agreement for this loan?

 

Would appreciate any help on these points before I proceed...

[Giveitback]

Wow, we've got a few things to look at here.

 

First, is one of the BOS accounts the Blair Oliver one, because this is a whole story in itself.

 

On the first loan you couldn't keep up repayments on, did you have payment protection, and shouldn't this have kicked in?

 

Secondly, if you weren't working then I think that if they did try to sell you credit care then it would be mis-selling,

 

If they have applied it, I expect you should be able to claim it all back too.

 

I would apply for each one separately through small claims. I think I would want it all back in cash/cheque to do with as I chose.

 

I think renegotiating the loan would come separate.

 

That doesn't seem very clear to me, hope it makes sense to you.

[Barobalti]

Hi GiveItBack and thanks for your response.

 

 

Here goes:

 

First, is one of the BOS accounts the Blair Oliver one, because this is a whole story in itself.

>>

 

They took over 3 accounts from the Bank when we “crashed and burned”.

 

On the first loan you couldn't keep up repayments on, did you have payment protection, and shouldn't this have kicked in?

>>

 

My wife (Caroline) replies:

 

“When Ian lost his job, we had three months” grace” before starting to make repayment. We had hoped he would be employed by then. However, he wasn’t so BoS advised that we apply for the payment protection to kick in. I (Caroline) phoned the appropriate number and after a length discussion was told that my job (working with horses) was a seasonal job (like fairground workers) and therefore PP didn’t apply.”

 

GiveItBack – I’m beginning to think I should be seeking out a “no win, no fee” sort of lawyer like Digby Brown to help us out here – looks like (as most of us on CAG) we’ve rolled over and taken all the kicking before finally deciding “enough is enough”…

 

Anyone with (non-binding, of course) advice can call me on [edited for your safety]to talk it over in person – he / she will be rewarded with fine wine and dining chez nousonce the storm clouds have parted!

 

Although I wish I didn't have to be here (if you catch my drift), what better place is there to be when in such a fix, eh?

 

I only hope that i can be of as much help to others as others have been to me on these forums!

[Giveitback]

Personally wouldn't use no-win no fee as you can do it here and then donate 5% and feel good about it, instead of forking over a huge chunk.

 

If you told them of your job when you signed up for PPI, then I think you could argue it was missold and claim THAT back, but I think that's a bit of an extra and separate thing (It's newer to us). I'm assuming that it's taken out in both names?

 

Blair Oliver. So they're charging you for insurance even though you'll probably never be able to benefit? And they know this, so that's another potential mis-sell.

 

(Problem is many PPis are missold, getting anything back might nt be possible)

 

First step - let's get the charges back. You'll probably need to do each account separately, but if there are 2 that come in under 1500, bundle them. I'd also go for Summary Clauses as it's faster.

 

read throught the FAQs, and Scotia's advice

 

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

 

PS. I wouldn't post your number on here - no matter how friendly we all are, anyone can read these.

 

Also, if that isn't a Scottish phone number, and you have an English address, then I'd look at claiming in England.

[Barobalti]

Good call! I have one at £713.38 and another at £403.22 -- you're recommending I "bundle" these as a summary claim, yes?

 

The third is £2,445.18 so I reckon that should be one claim of 1500 and a follow-up of 945.18.

 

We still await details of a 4th account -- they're over their 40 days so I'm complaining to the Information Commissioner.

 

HUGE thanks for the advice! :grin:

[Barobalti]

Just mailed a decree from my local Sheriff Court for £1,504.48 to BoS giving them 7 days to pay up! I went via summary procedure and enlisted the help of a Sheriff Officer. The above sum includes my expenses.

 

 

Now I am pursuing another £2,445.18 plus interest and obviously I shall have to divide this into bite-size chunks in respect of Scots Law. I have to decide whether to go via Summary Procedure over 2 claims or 4 "Small Claims" of £750 max -- what would you recommend in terms of speed of execution, etc?

 

Thanks!

[Sneaky_Pete]

Hi Barobalti,

 

My advice on this topic is to read the thread under scotland / urgent-attention-please.

 

At this present moment in time there is severe issues regarding claims / multiple claims in scotland.

 

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

[Barobalti]

On 09 March I wrote to BoS (Recorded Delivery) with a copy of the Sheriff's Decree and asked them to settle £1504.98 with me by 16 March.

 

Nothing doing so I faxed them a reminder yesterday (21 March).

 

If there's nothing by tomorrow I'm thinking of either phoning them or turning up in person at their Rosyth office -- anyone ever tried that?

 

Should I give them until (say) Tuesday and then request my local Sheriff Officer to serve a charge on them?

 

Would appreciate guidance from anyone who's likewise been kept waiting with no acknowledgement.

[Zeusie67]

On 09 March I wrote to BoS (Recorded Delivery) with a copy of the Sheriff's Decree and asked them to settle £1504.98 with me by 16 March.

 

Nothing doing so I faxed them a reminder yesterday (21 March).

 

If there's nothing by tomorrow I'm thinking of either phoning them or turning up in person at their Rosyth office -- anyone ever tried that?

 

Should I give them until (say) Tuesday and then request my local Sheriff Officer to serve a charge on them?

 

Would appreciate guidance from anyone who's likewise been kept waiting with no acknowledgement.

 

 

Might be best to try and ask this question in the 'Scotland' section.

 

If you have to go through with it, make sure you alert local and national media so they can capture this for posterity.

[Barobalti]

On 09 March I wrote to BoS (Recorded Delivery) with a copy of the Sheriff's Decree and asked them to settle £1504.98 with me by 16 March.

 

 

Nothing doing so I faxed them a reminder on 21 March.

 

 

Should I give them until (say) Tuesday and then request my local Sheriff Officer to serve a charge on them? Or even turn up at my local branch in person with local press in tow?

 

 

Would appreciate guidance from anyone who's likewise been kept waiting with no acknowledgement.

[eileen58]

Hi Barobalti,

I do not know why you have waited so long, I would have given them an ultimatium that they have the money in my account by tomorrow morning or on Monday morning I would be in my local branch at 9.30 with the sheriff officers and the press. That should get them moving. I certainly would not have waited this long for my money. If you let them mess you about they will. When Lloyds solicitors put my money into my account after I got my decree, the bank still did not want to give me my money because my account was at collections because I owed them £500 and they tried to fob me off and tell me to come back on Monday when collections was opened. I said no that I was not leaving that bank until I got my money. I never got out that branch until 5.15 but I had my money with me. The last thing the banks want is the press turning up. Be firm and stand by your time scale. Monday morning and go into the bank with the sheriff officers.

lol Eileen

[donaldtramp]

Send in the Sheriff Officers!!!!

 

You have been more than reasonable with them. Times up for them.

 

Whatever you pay for the Sheriff officers goes on their bill at no expense to you. You get it back. Send them in!!

 

DT

[Barobalti]

Thanks Eileen and Donald!

 

Have sent in the Rottweillers (Sheriff Officers)

[donaldtramp]

Let us know what happens!! I think I'm going to have to send them in myself in about a weeks time. So I'm interested in the banks response.

 

Let us know

DT

[poltmcm]

once decree is granted you go direct to the sheriff officers. They then give them 14 day's to pay...........and if they don't in they go

[poltmcm]

your in East lothian so get yourself along to musselburgh

 

Llewellyn & Co. Suite 2

47B Bridge Street

Musselburgh

EH21 6AA

Tel: 0131 665 5429Fax: 0131 665 7469

it will cost you £31.26 (this is added to the charge for payment) or there abouts to serve the decree(charge) on the bank. the sheriff officers will serve the decree on them and give them 14 day's to pay directly to you. you will receive your money near the end of the 2 weeks by cheque. trust me been there and done it.

[Barobalti]

It is now in the hands of Mr Llewellyn -- will keep everyone posted!

[Barobalti]

My local Sheriff Officer is serving a charge on BoS requiring them to honour a Sheriff's Decree for £1.5K plus.

 

Now, this account still appears to be "overdrawn" to the tune of £705.80 according to the statements they keep sending me and the monthly interest they keep adding on. Where do I stand in respect of this "overdraft"?

 

As I see it, the account would not be "overdrawn" had it not been for the illegal punitive charges they had kept piling on over the years. The account was sort of "recalled" when we got into deep doo-doo and our cheque books & cards taken back.

 

I'm sure some of us have been through a similar scenario, so I'd appreciate help on how to bring this to a happy conclusion.

[Bookworm]

8 threads merged, pls keep to 1 thread per claim, it helps keeping track of your progress.

 

I don't quite understand what you're getting at.

 

You're getting 1.5 k, £705 of that will wipe off the o/draft. If the debt is still outstanding, it's not money you actually paid out, so you can't just get it wiped out and still get 1.5k. Or am I missing something here?