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The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
All that has been supplied via Blair Oliver & Scott acting for HBOS is a copy of the original application form. This is signed by me on 16/4/85 and stamped WSCRA CLEAR. From what I have read elsewhere on this forum this is not a valid agreement. I wrote back on 15/5/2009 advising them:
“I refer to communications received from Blair Oliver and Scott acting under your instruction and draw your attention to past communications in connection with the above accounts. I suggest that you pay close attention to what was requested and review what you sent because what you have supplied to date is not the data requested.
Once again I refer you to my letters of 2nd and 21st April and in particular my remarks regarding your failure to comply with section 78(6) of the Consumer Credit Act 1974. I informed you that your failure to comply had placed my accounts into dispute and that this meant that you were not entitled to default or enforce the agreement until your breach has been rectified.
I also issued you with a statutory notice under section 10 of the Data Protection Act instructing you to cease processing any data in relation to this account with immediate effect.
At this moment in time you have not complied with the aforementioned requests and may be committing a criminal offence.”
In today’s mail I have a letter from Blair Oliver & Scott which reads:
Your repayment arrangement of £1.00 is now due for review. It is important that you contact the helpline number below to discuss your monthly payments.
Please have your income and expenditure at hand for our collection specialists to assist you.
We note that repayments on your account have been maintained in line with the existing arrangement. Please continue to pay while this review is undertaken.
Now what is strange is that I have two of these letters, one for my BOS account and another for my Halifax, however, at no time did they ever accept my proposal to make only a token gesture payment. Furthermore, I have not paid them anything since 6th March when I paid £70 to each of these accounts.
They have so far failed to adequately address my CCA request. In the case of Halifax the sent the original Bank One application form which does not contain the correct data within the page and in the BOS case the application is so old it fails to even state that it is a credit agreement.
Any suggestions on how I should respond would be appreciated.
Contrary to the above they have registered a default. Furthermore, there is a poll at the index page of this site which reads:
Some banks say they don't hold data beyond 6 years.
Are they telling porkies?
We expect that they keep everything forever - in some form or other.
We think that they are just trying to avoid their debts.
Let us know how far back you got your data.
This poll is important. Please don't spoil it.
Please don't complete it until you know that you have got everything you can from them.
I tried to answer to indicate that I knew the Bank of Scotland went back to 1985 but that option was not available. Here is the proof:
As you can see this application form does not even contain the words Consumer Credit Act let alone all else that is necessary for it to comply.
Apex have started sending silly text messages to my business phone line, I had to get BT to block these, then tried phoning where I failed to go through their “for security” questions and are now writing to me re this Band Of Scotland account.
On a separate matter I’m already giving Halifax a run for their money in the Scottish Court and they are desperate to abandon the action. I suspect this matter has therefore been passed to Apex for nuisance value.
The above application form is all that HBOS have ever produced when asked for a CCA so I consider this account to be in dispute.
I have replied with:
I will not be reaching any agreement with you as intimated in your letter dated 2 February and refer you to my letter of 8th January from which you should note that I repudiate the claim made by your client.
I also advised you that you were in breach of Office of Fair Trading's Guidance on debt collection and your continued activity merely compounds this offence. I have therefore registered a formal complaint against you in particular and Apex Credit Management in general with the OFT.
I shall not engage in any further communications with you and if your litigation team are so foolish as to seek a county court Judgement they will be advised any court issuing such decree could not have jurisdiction in this case.
My letter to Apex referred most specifically to this account yet they have responded detailing two accounts that they are managing which relate to me. In the first the acknowledge the matter to be in dispute and on hold, however, they claim to own this account and seem to refer to requiring confirmation from their client. In the second, the one I wrote about, they say “we have not received a complaint on the account”. Does that not seem bizarre? They reply to my letter of complaint stating that they are unaware of any complaint! Anyway they say the matter is on hold for two weeks and then invite me to phone in and make arrangements to pay or alternatively log into their site where I can manage my account! Aye right!!
We are back to Apex type 1 letter today. Do they really think I failed to read the original version of this? Why would they waste a stamp and paper sending this drivel again is beyond me!
Apparently Apex are disappointed that I have failed to communicate and invite me to log on to myapex etc or to call their experienced debt advisors. Aye right, I’ll just go do that now!
I got this in an email. Is this a spoof or a genuine message?
Dear Customer,
We invite you until April 15, 2010 in your Halifax Branch, with the ID card to update / confirm your personal data.
This is a legal requirement applicable to all banks in United Kingdom in accordance with Regulation FSA 2 / 2010.
Failure to fulfill these obligations on served time may lead to temporary restraining access to your accounts.
Updating process is very simple and could be achieved with the ID card and the Halifax Secure Form in your Halifax Branch.
Regarding this, please complete the attached Secure Form and submit it until April 15, 2010, accompanied by documents
attesting Changes (if any), in your Halifax Branch.
To protect your interest in the situation that until April 15, 2010 you did not submit the completed/printed form to update
the identification data, we reserve the right to temporarily restrict the conduct of certain operations on your account.
To help identify information that needs updating, the Halifax Secure Form is attached:
For Your security you will complete and print the form on your computer.
Awaiting with interest the submission of these documents we will provide you our entire consideration.
Genuine emails from us may contain links to product information and application forms, but never to the online banking sign-in page.
If you are in any doubt about whether an email is genuine, don't click the link!
If you get a suspicious email that claims to be from us send it to security@hbosplc.com so we can investigate.
Bank of Scotland plc. Registered in Scotland No. SC327000.
Registered Office: The Mound,Edinburgh EH1 1YZ.
Halifax is a division of Bank of Scotland plc.
Bank Of Scotland - Old Card account
Card which was issued in 1985.
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Originally Posted by postggj
