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Everything posted by edinburghbeerbucket

  1. Nothing definitive... I have a photocopy of the agreement with my signature on it, and I hand-wrote the cheque number on the front. I can also show that the dates line up. I've not seen a CCA, no... And although I've never asked the bank for one, the account has been in the hands of two debt collectors, both of whom I CCA'd, neither of whom were able to produce.
  2. Hi Exasp, I never got anything specifically acknowledging the revised F&F, BUT as I said I did include a cheque as an initial payment and I have the records showing they deposited that cheque. I do have copies of both the original and the revised F&F. Any ideas? Thanks, EBB.
  3. Hey Guys, I've posted about this before, but I think I was too lengthy in my explanation, so I promise to keep this as short as I can! So, for various reasons related to customer service issues, Bank of Scotland offered to settle my credit card which had an outstanding balance of about 2300 pounds for 2000. They sent me a "settlement agreement". I amended the agreement to 1600 and gave my reasons for this (they'd charged interest and fees on the original transaction at issue), signed it, and added the following conditions: - they would mark my credit file as "fully satisfied" - they would close the account - it would be paid over 12 months in installments no less than 50 pounds, at intervals not exceeding 60 days - by accepting the enclosed initial payment, they accepted the agreement I enclosed an initial payment of 100 pounds by cheque. I made all the payments to total 1600, and with the last payment I sent a letter saying "here's the last payment per our agreement, please close the account". I wrote on the back of the cheque "only deposit this if you agree that this is the final payment" (paraphrasing). I had hoped that was the end to it. Wouldn't you know it, a month later I got a letter saying "we didn't get the initial agreement, but we're keeping the money you paid, and you still owe us the rest". "the rest" is almost 2000 pounds again. I really feel like they're messing me around here, just trying to keep squeezing until something pops. They have since tried to use debt collectors to collect the ever-increasing balance, but I have successfully fended-off two debt collectors now to the point where they handed the debt back to BoS. I am way past the end of my tether with them, so I filed a (very large!) complaint with the Financial Ombudsman Service. Here's my question/concern: what if the FOS side with the bank? What do I do then?! What are people's opinions on the security of my "case"? Any advice on what else I could be doing? Should I just do nothing and leave it for the FOS to decide? TIA, all!
  4. Thanks for your advice, everyone! It is genuinely appreciated. I like your idea, photoman, so I will try that first. If for some reason the bank won't send that letter, I'll go with the advice from silver/rory. I'll let you know the outcome!!
  5. OK, so I've been thinking about this for a while, and I think I have an idea. All I have to do is link the cheque I send them and the letter I want to accompany it. I can do this in one of three ways: 1. Print the entire letter on the back of the cheque in really small writing. 2. Print the cheque on the letter in such a way that it can't just be torn off. 3. Write "only deposit this cheque if you accept the terms of my letter dated (date)" 1 and 2 are a bit crazy but there's no doubt the cheque and letter would ever be separated. I've heard banks sometimes charge a processing fee if you use anything other than the cheques they print for you - but I'd be happy to pay this for the peace of mind! My fear with 1 is that I think the bank would have a reasonable defense in saying that it's not possible to read something that small and it was missed. Does anyone have any other smart ideas?
  6. Thanks for the input guys, I'm getting ready to mail the final check. I got another letter from Wescot yesterday saying that they're going to file a county court claim against me if I don't pay-up by... December 25th! LOL. My strategy is to mail this last payment directly to Bank of Scotland, with a notarized letter saying: - by accepting this final payment, they agree to close the account - they agree that the account has not and will not be transferred to a debt collector This way, with the letter, plus a copy of the cheque I send them, if Wescot *do* take me to court I can show that I have settled that account, and that they have no claim to the debt. I have also notified Wescot in writing that they must not contact me under any circumstances unless they produce the original agreement, statements and deed of assignment, so if they DO take me to court I'm going to file a counterclaim for harrassment. Is this what other people do?
  7. Hi Folks, I have been going back and forth with Bank of Scotland over various issues regarding a credit card I have with them for several years now. Blair Oliver and Scott have been involved at various stages, but thanks to requests for them to produce a deed of assignment, copy of the credit agreement, etc, and regular payments which I've sent to the bank directly, I have kept them at bay. About a year ago, the bank and I finally reached an agreement, and I've been paying that. I just made my second last payment. A few days ago, for the first time ever, I got a letter from Wescot. I've responded with the usual requests. Here's the challenge: when I send my final payment to the bank, I need to ensure that this finishes everything. I don't want to find out in 6 months that the bank signed the debt over to Wescot, or that they somehow "have no record" of the agreement we reached. I talked it over with a friend, and he said to send a postal order for the last payment, together with a letter saying that if they cash the postal order then the account is fully satisfied, etc. I like the idea, but then the bank could just turn around and say "we didn't get the letter". So I could send it recorded delivery, but then they could claim I just sent a blank sheet of paper or something. Does anyone have any ideas how I can ENSURE that when they take this last payment I have a complete defense to any future claims to the debt? Thanks in advance everyone!! Edinburghbeerbucket.
  8. This is very easy: If you're within 6 months of purchase, the onus is on *them* to prove that the defect did not occur due to defective parts or manufacturing processes. Write them a letter saying that you plan to take them to court over the matter, and asking how they plan to prove the above, and then suggest a replacement or refund - which you will obviously get.
  9. Hey peeps, Brief background to this story is: disputed charges on credit card, 2 year standoff with BoS, they finally agreed to settle on my terms, Blair Oliver and Scott continue to pursue me even though I'm paying under the new agreement, and in the middle of all this I moved to the USA. Got a letter this morning, here's my response: Dear Ms Smyth, Thank you for your threatening letter dated 20 June 2008. For the second time, I refer you to my letter dated 25th December 2007, a copy of which is enclosed for your convenience. To date, you have still failed to furnish to me items 1 and 2 from that letter [this is the CCA requests]. Whilst I reserve the right not to communicate with you at all regarding this matter, in the interests of having you bugger-off and leave me and my wife alone, it may interest you to know that I was sent a “Full and Final Settlement Acceptance” form by HBOS some time before January 15th 2008. This was signed and returned to HBOS on January 15th 2008, and HBOS accepted the revised terms of that agreement by accepting an initial payment of £100 (cheque number [snip]) on 30th January 2008. I have not breached any of the terms of this agreement. If you contact me again for any reason whatsoever without first furnishing me with the information which I have requested 3 times in writing, I will sue the pants off you and your employer. If you genuinely intend to pursue me here in the USA for this supposed unpaid debt, I recommend that you research the regulations regarding debt collections over here. You have already committed multiple felony offences under 15 U.S.C. § 1692 et seq., and I have no doubt that this will make things more difficult for your “agents abroad”. I leave you with a quote from the late, great William Wordsworth: “Why cast ye back upon the Gallic shore, Ye furious waves!” Love and kisses, Edinburghbeerbucket.
  10. You'd think so! Typical inside-the-box thinking from their customer service dept, though. This is kind of what I said to them last time, but they wrote back and said they're not required to freeze anything, and that until the FOS made their decision they'd keep charging interest (and late fees, and overlimit fees, etc etc). I'll get on the telephone harassment letter tonight. Thanks so much for replying - I already feel a little better about it. Calls from their debt collection department really shake me up.
  11. Hi Guys, This is a rather complicated issue I have here, and I'd like some help. I'll keep it as brief as possible! I have a Bank of Scotland credit card. After a long legal struggle, I finally managed to claim back the full amount of a disputed purchase from 2005. I pursued the retailer directly at the request of BoS, even though I knew I could have pursued BoS - this was in the interests of maintaining a good relationship with them. Anyway, I then wrote to BoS and asked them to refund the interest paid on that purchase - nearly 1500 quid. They said no. This is now in dispute with the Financial Ombudsman Service. I moved abroad during all this. My intention was to close the card, but I couldn't afford to pay it off - if the 1500 quid was off the balance I could have. BoS refused to 'freeze' the account, or even part of it, and now the card is above the limit and the payments are more than I can afford. The situation sucks. Now they're hassling by phone. I wrote to them several months ago and asked them to do everything in writing, and the phone calls continue. The worst part is that because of the time difference, they happen at really bad hours - normally between 1am and 6am. What should I do now? I really want them to stop charging interest and overlimit fees on the balance, or at least on the disputed amount. My fear is that if the FOS come back and say they did the right thing, I'm stuck with a whole load more debt than need be. If this helps any, I have Vonage and so they are calling a UK number, even though I answer abroad. They have my current address abroad.
  12. Thanks for your honest advice, Car. The frustrating thing is, if the bank gave me this breathing space they'd eventually get back the whole balance instead of selling it to a DCA for 30p in the pound or something! As it stands, it's actually far more beneficial to me to let the account default and go to a DCA, negotiate a 40% settlement with them, then wait for my bank charges (etc) to come back to me and pay it off with that!
  13. Ideally, I want them to stop applying interest and late fees to the account and freeze it. I want it to stay like this until such time as my disputes with them have been settled. Then, when we have agreed on the outstanding balance, I want to start paying it back at an affordable rate.
  14. Thanks so much for the advice. I'll get onto the CCA request tonight. I have a concern, though. In my last couple of letters to them, have I acknowledged the debt by offering to make make repayments? I don't have the letters to hand (I'm at work - tee hee!) but I remember something along the lines of "I am keen to repay the outstanding balance...". Or, does sending this letter effectively make those previous statements null and void?
  15. Hi! I'm in a very similar situation (see this thread). Please let me know how you get on, I'd love to swap stories, hints and tips with you!
  16. Hi folks, I've been away from the forums for a while, but keeping up-to-date with the newsletters. I have a credit card with Bank of Scotland. I've had it for several years, and I'm now in a situation where I owe around £2500, and they owe me around £1500 in bank charges (which I have almost won - just waiting for the extract decree) and another dispute which is being handled by the FOS. Things have been extremely tight recently, and the wife and I have been living on supernoodles towards the end of the month! As a result, I've just not been paying the card for about 3 months. I've written to them several times explaining the situation and suggesting that they freeze interest and charges on the account while the bank charges and the other issue are resolved, and then we can come to an arrangement to pay the outstanding balance. I also asked them to stop calling because I live abroad and they keep calling at midnight, 4am, etc. So far they've ignored all the letters, and today I got a default notice through the mail. I know they have received the letters because the last person who called acknowledged receipt of the latest one. What should I do?! I really don't want this to go to a debt collector, and I'm trying to negotiate with the bank, but they don't reply to my letters and for obvious reasons I don't want to talk to them on the phone. Please help!!
  17. I just received a call from this very same number (02076634032) at 3am. As other people have described, all that I hear is ".. press any key to continue". Did you ever figure out who it is?
  18. I've definately dropped the ball on this one.. Nov 14 06 - Sent them a request for payment, giving until Dec 7th before court action. I never got a response to this whatsoever, so I've sent them a second letter (with a bunch of other complaints in there) giving until 28th April to refund or I really will sue them for it... fingers crossed!
  19. OK, so a lot happened in a short space of time... 4th April (1 day after return date) - no defense was filed, so my 'lay representative' went down to the court and filed for the decree to be granted as craved. 7th April - Letter from Nick Rogers at BoS saying "without admission of liability ... BoS is willing to reimburse you ... £959.70 which will be credited .. within 5 working days." The £959.70 is the original claim plus interest plus court costs. So that's a victory! Now onto the second half of the claim... The original plan was to use another small claim action, and limit the claim to £750 and leave it at that. But in light of what's happened lately, I've instead sent a complaint to the FOS. Even if the FOS decide (for some bizarre reason) not to refund my money, I will go on and sue the bank in a different court. I don't know if this will make any difference, but it's worth a try!
  20. Hi folks, I just had my first claim settled (750 quid, small claim - started before this all happened!). I'm trying to decide what to do for the rest (just over 750 quid again). I emailed Edinburgh sheriff court, and their response was: "I can confirm that guidance was given by Sheriffs in Edinburgh on Small Claim/Summary Cause actions in respect of bank charges. It was decided we would welcome only one action regarding the same customer account (whether Small Claim/Summary Cause/Ordinary Cause) ." The rest of the email just detailed how much you can claim in each type of action, and advised me to seek legal advice. Just thought I'd share the info!
  21. Hi folks, it looks like I'm about to win my first small claim in Edinburgh (by default - BoS didn't do anything by the return date) and in light of what's happened I'm wondering how to proceed. Has anyone considered using two different courts? For example, I lodged the first small claim in Edinburgh, and now I'm thinking I should lodge the second in Dunfermline. They have a branch in every major town in Scotland, so you can always say "the Defender has a place of business in xxx, and this court therefore holds juristiction." Just a thought...
  22. Sorry to be pedantic here, but I have to clarify the statute of limitations thing here. You have 6 years from the time you discover the fault to make a claim about that fault. i.e. your 6-year clock started ticking when you found out that the laptop had to be plugged-in to work. I would seriously consider filing a small claim based on the SOGA. If it does end up in front of a judge, (s)he will award you a partial refund of the purchase price, based on how old it is etc OR require Currys to perform a free repair/replacement (at their discretion). However, if Currys settle out of court - which they probably will, let's face it - there's a chance they'll give you a new laptop. Don't waste any more time going into stores etc, write to head office in Hemel Hempstead. Probably a well-worded letter before action will get the result you're looking for. Let us know what happens!
  23. Got my return date for this claim... 3rd April 2007, and the calling date is a week later.
  24. I should have made it clear in the original post, but I cancelled the PPI before I started repaying the loan.
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