Dusary v Bank of Scotland

[Dusary]

Ho! Ho!

 

It gets "better" and "better".

 

HBoS kindly sent me a default notice for £155.69!!

 

I'll go and read up about default notices now!!!!!

 

(Suzieblooz - surely THAT isn't St Cyrus beach?)

[moneyhelp]

Oh lord... it never ends does it.

 

Hope you get things sorted Dusary.... and when I win my money back, can I come and visit your Island

[Dusary]

Oh lord... it never ends does it.

 

Hope you get things sorted Dusary.... and when I win my money back, can I come and visit your Island

 

Doesn't SEEM to have an end . . . but don't you worry . . . I'm hanging right on in. And, that'll get things sorted!!

 

When you win your money - you'll be able to BUY the island!!

[suzieblooz]

(Suzieblooz - surely THAT isn't St Cyrus beach?)

 

 

No, thats the Isle Of Arran, my bolthole when the going gets tough. Anyway the sun should let you know its not St.Cyrus LOL

Can't believe they defaulted you for £155 when they owe you thousands - or then again maybe I can! I was defaulted for about £1000 on both a/c's but my charges are 5 times that. I asked for the defaults to be removed in my prelim. Don't think they'll do it though, but it's worth a try.

[Bigmac versus]

Suzieblooz if the defaults are made up entirely of charges then insist on the removal, make it part of your settlement.

[Dusary]

Suzieblooz if the defaults are made up entirely of charges then insist on the removal, make it part of your settlement.

 

Since this applies to me as well, Bigmac, perhaps both of us seek a further bit of clarification (well, me at any rate!).

 

Do you mean: "If someone is defaulted by a bank because the total charges levied against them have put them O/D and the bank failed to pay (themselves, in my case) a DD for a loan - THEN we can insist that they remove the default notice?"

 

(I just KNEW that sentence would turn out to be too long!)

 

Thanks, Bigmac, for your continuing interest!

[Bigmac versus]

Ok see where you coming from there, will get back to you on that one as that may be more difficult, i was refering to if you had been defaulted on an amount say £500 and you were claiming back over this amount in charges then the default is made up entirely of charges.

I can see your point though because if they took charges the day your loan was due to be paid therefore putting your loan into arrears and subsequently defaulting you on this basis then the default is a direct result of the banks profitting from punitive charges.

This could prove tricky and you would need to prove that the arrears were mostly or wholly due to their charges, statements etc.

If you have a case for this then you should be including this in your Prelim/LBA.

[Dusary]

Thanks for that info (as usual).

 

My gut reaction is that that is precisely the case. (But I would say that, wouldn't I?)

 

I'll check my statements carefully, and post my thoughts here.

[Bigmac versus]

Yes let me know how you get on as you may have a case.

[Dusary]

Don't worry! I sure will!

 

Update: Now got statements from 12 Dec 1995 for 1 account - which was actually opened in 1993 - (I already have Jan 2001 - 2007).

[Dusary]

As a result of my resent (registered) letter of 29th May, 2007:

 

LBA Sent to HBoS (Halifax address)

 

Accounts: XXXXXXX - A

 

XXXXXXX - B

 

Received this response yesterday:

 

" BoS, PO Box 23581, Edinburgh.

 

Roll Number: D/1234567-9

Statement request

 

Dear Dusary

 

Thank you for your recent request regarding copy statements.

 

I can confirm thay statements were ordered today for your account.

 

The dates ordered were from the 1st of January 1996 to the 1st of January 2001.

 

Unfortunately we can not produce copy statements from any further back than 1996.

 

Please allow 28 days for delivery.

 

We apologise for any inconvenience caused.

 

Yours sincerely,

 

Adam McManus

(Customer Services)"

 

 

WRONG! WRONG! WRONG!

 

1) I asked for statements for BOTH accounts.

(And that was way back in April)

2) I've to wait ANOTHER 28 days?

 

Letter drafted today:

 

"Sort Code: 12-34-56 Account Number: XXXXXXX

Sort Code: 12-34-56 Account Number: XXXXXXX

 

 

Dear Mr McManus,

Thank you for your reply to my recent request regarding copy statements.

 

It may be of interest to you to learn that I requested copy statements for the TWO accounts (ref - above). You have just acknowledged that you are sending statements for ONE account.

 

In one batch of statements sent to me recently for ONE account (Sort Code: 12-34-56 Account Number: XXXXXXX) you omitted to send statements for the period 09AUG 2002 - 29AUG 2002.

 

On page 123 09AUG 2002 the balance is shown as £1071.42DR

On page 125 30AUG 2002 the balance is shown as £4748.25DR

 

Since your company has resolutely refused to comply with my S.A.R - (Subject Access Request) Requests of:

 

17/04/2007 - sent by BOS internal e-mail from the ANYTOWN branch

24/04/2007 - sent by Registered Post

29/05/2007 - Non-Compliance letter - sent by Registered Post

 

I now have to inform you that of today, I am sending copies of all correspondence to The Information Commissioner's Office.

 

Yours etc,

 

Dusary

[Dusary]

. . . . . And in today's post, two separate letters from HBoS (Halifax)

 

"Dear Dusary,

Your request for information about your account: D/1234567-7 (and in the other letter - your request about your account: 0012345)

Further to your letter I am pleased to confirm the information you requested has now been ordered. Once these documets are ready they will be sent direct to you. If you have not received these documets within the next two weeks then please feel free to get in touch.

Details of how we make use of your personal information ....... BLAH, BLAH, BLAH.

Yours sincerely,

Carol Pickles (and the other letter - Tomasz Maciejasz)"

 

Yet more ammunition for the Information Commissioner!

[kennythecelt]

What a pickle they are getting into!!

 

Sorry for that but humour can sometimes help, Dusary. That crowd are a laughing stock. Nothing surprises me.

 

This might help. I received letter re old dormant account asking if I wanted overdraft review. (memory jogger to go through that for charges) Had entirely forgotten about the account but realised the staements would be handy as I could track details and get account numbers etc for older loans etc. (you remember that are delaying statements to me for the large refused claim)

 

I phoned 24 hour customer call centre, acted dumb (does not take much!). I said I needed statements going back to 1992. She asked if it was to do with bank charges. I said no, its to do with me checking mortgage payments. She said there will be a £5 charge and I would get them within 10 days.

 

£5 charge taken, but I suppose it will be reclaimable. Previously charged £10 and others not getting charged at all, all from HBOS.

 

Hopefully you might get the statements a bit quicker!!!!

[Dusary]

Funny - you have jogged my memory.

 

 

I had a Scotloan and a Budgetplus a/c with HBoS (that information came to light when I was entering information into my spreadsheets).

 

Mmmmm!

 

Humour? What's that - except maybe the spurious names they invent to sign the bog standard template letters?

 

Who uses template letters anyway?

 

Keep acting dumb - Kenny - and ..... did you tip my scales today? If so, TYVM.

 

And - I've asked them for my FULL banking history, remember?

[kennythecelt]

Indeed I did, it was well deserved.

 

Amazing things memory joggers. I also recollect a preference account I had, they hammered me on that one, big style- but I will go down that road later. Their shareholders must have had a good payout at my expense. My turn will come.

 

Saw the other thread re BoS paying out after a phone call, they are obviously trying to cut the overall potential of claims. They probably regard it as money saved against what they would have paid if it had gone further.

[Dusary]

Thank you for the *TIP*. (8-) *blushes* 8-) ) It was, of course, reciprocated!!!!!

 

 

Saw the other thread re BoS paying out after a phone call, they are obviously trying to cut the overall potential of claims. They probably regard it as money saved against what they would have paid if it had gone further.

 

That was exactly my thinking, too!

[**Tilly**]

your welcome glad it was of use:)

[Dusary]

Update: Just rung the Information Commissioner's Office - aren't they busy? - Wonder why?

 

Very helpful about what supporting documents I should include with my Complaint Form!

[kennythecelt]

So,

 

The Information Commissioners Office are busy keeping an eye on the banks.

The FOS are also busy keeping an eye on the banks.

The whole of CAG is busy and keeping an eye on the banks.

The legal profession is busy keeping an eye on the banks.

The politicians are keeping and eye on the banks.

The whole country will soon be keeping more of an eye on the banks.

 

and meanwhile,

 

The whole banking system is keeping an eye on themselves, the information commissioners officer, FOS, the entire legal profession, CAG, the politicians, each other, and each and every one of us

 

That proves it! They have just left the computers to run things!

[Dusary]

Hey!

 

Whaddya' mean by:

 

That proves it! They have just left the computers to run things!

 

........ Are WE computer nerds?

 

Though, judging by the bog-standard letters we are all receiving . . . Templates et al . . .

 

. . . Maybe you are absolutely damn right!

 

LOL from a guy who was slightly depressed last night about the bog-awful length of time it is taking to get these claims resolved.

 

Surely by now, as soon as the banking institutions get the standard S.A.R - (Subject Access Request) letters, they should realise that they are going to have to pay out, with interest and all the rest!

 

It certainly would make life SO much easier!

 

BTW: Just discovered an Abbey Loan account!!!!!!!!!!

 

WOWEEE!!!!

[kennythecelt]

Good how these statements bring up other avenues of definite action to follow!! So don't get depressed, I am for both of us. Only kidding, I have now bounced back.

 

Just had a thought, but with the banks paying so much attention to everyones recharges there is bound to be some bright spark who will rip them off for millions through some form of [problem]/ fraud!! Just as well for them that Robert Maxwell is no longer on the scene!

 

Out of the blue tonight, got a phone call, guess who it was??

[kennythecelt]

Hi Dusary

check mod statement in claim to be settled in 3 months thread. Will discuss later.

Regards, Kenny

[Dusary]

Hi Dusary

check mod statement in claim to be settled in 3 months thread. Will discuss later.

Regards, Kenny

 

Did just that!

 

 

Incidentally:

 

05/06/2007:

1) Letter of complaint to Information Commisioner's Office sent with supporting documents.

 

2) Claim for repayment for a/c #1 sent to HBoS.

 

3) Claim for repayment for a/c #2 sent to HBoS.

 

Now I feel MUCH better!

[kennythecelt]

Great!

[Dusary]

AND it gets better . . .

 

Discovered that I had a Budgetplus account and a House account with BoS - just by trawling through my statements.

 

Another SAR gone off today!