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  1. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/01/2019 Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The Defendant opened a Bank of Scotland ( Credit Card) regulated consumer credit account under reference xxxxxxxxxx on 08/06/2009 ('the Agreement') 2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated. 3) The Agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant. 4)Despite repeated requests for payment, the sum of £3,229.76 remains due and outstanding. And the Claimant claims a) The said sum of £3229,76 b) The interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.708, but limited to one year, being £258.38 c)costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes in January 2018 Did you inform the claimant of your change of address? No What is the total value of the claim? £3753.14 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, credit card When did you enter into the original agreement before or after April 2007 'Don't remember, may well have been 08/06/2009 as mentioned in the claim particulars Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The debt purchaser issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont remember receiving one Did you receive a Default Notice from the original creditor? Don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year TBH as soon as I see Lowell on the letter head I tend not to read it - Why did you cease payments? Financial difficulties What was the date of your last payment? 04/12/2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I'll be sending a CCA and a CPR31.14 request off tomorrow. I was planning a defence based upon SB but with the last payment being 04/12/2012 I don't think that will stick as the COA date doesn't seem to be the last payment date any longer? 2012/13 was a really bad 12 months financially and personally and Lowell have been harassing me for every defaulted debt from this period for a long time. Lowell already have 3 CCJ's on my file, for 2 of them they placed a charge on my property. These were paid when I moved house at the start of 2018. I don't want a new CCJ and I hate the thought of having to pay these guys a single penny more. Any and all help gratefully received
  2. Hi all, Some advice please. Here is my story. I had a joint Halifax mortgage with a previous partner some 20 years ago. We split up and I could not meet the payments and the house was consequently reposssed. We purchased the property for 40K and it was sold at auction for 16K, leaving a shortfall of 24K As the Ex was still liable for half she made an agreement too pay Halifax a lump sum of 7-8K as a deal to cover her half of the outstanding balance of 12K. I was left with the other half (12K) unlike the ex I was not in any position to make a lump sum deal. Instead I have made regular payments of various amounts (£20-100) per month with some periods of not paying anything. Now this debt has been passed to at least 3 DCAs over the 17-18 year period that I have been making payments. It is currently with Counselling Intermediary Services (CIS) and has been for at least 6 years. I have no idea exactly how much I have paid toward this mortgage debt but it's not an insignificant sum for sure. More recenty I have missed a number of payments and they have threatended to send the debt back to Halifax who will issue court proccedings against me. To be frank I am sick of paying this debt as I feel, and have always felt agrieved that they slde my house soooooo cheaply and then lumbered me with the oustanding. Also whenever CIS writes letter to me it always states balance at instruction: £14,244.75. I am thinking how can this be? I never owed thwm £14K and what about all those payments I have made for 17-18 years?? What should I do. Thanks in advance
  3. I'll begin with thanking any one who can help and advise me with this. I had a Bank of Scotland credit card from1995 until 2006 when employment and marital issues took their toll and I was unable to meet payments required but did continue to make minimal payments. They subsequently passed the debt to Moorcroft Debt recovery and I continued to make monthly £20 payments more when I could The debt has reduced from £13700 to £9640 (oct 2016) Other than a few reminder letters MDL seemed ok to receive monies. On 24/10/2016 i received a letter from PRA group advising they had purchased debt (no confirmation of this received from MDL) I did not contact either company at this point and ceased my monthly payments. Their letter also stated debt was with Lloyds TSB bank letter who I understand took over BoS in the financial crash of 2008 On 17/11/2016 i received letter before claim notice as required for pre action protocols In response to this I sent s78 request signed for with £1 PO Reply recd 3/12/16 returning the £1 PO saying it was not required and case on hold until they sent me the requested info together with their 'fact sheet 'saying it may take longer than the 12 working days. 26/1/17 PRA letter received with copy credit card statements only from 2003 to 2006 and advising debt marked as currently unenforceable. 1/2/17 PRA letter received with copy of original signed credit agreement and letter still advising debt currently deemed unenforceable. 20/2/17 PRA letter received chasing debt again and asking for contact which I have not done. 6/3/17 PRA claim letter received before pre action protocols wanting response before 22/3 constituting a formal demand for payment before court proceedings are started. It also states the creditor assigned this to PRA on 6/11/2014 but they did not have this case until October 2016 it was previously assigned to Moorcroft debt recovery I am not sure what to do now and any help /advice would be greatly appreciated Again thanks in advance
  4. Please help me? I have just received an N1SDT Claim Form Its for a credit card that I defaulted on in 2009 In Feb 2010 I wrote to company and explained I was in financial difficulty and offered a £1 per month I then applied for CCA in March 2010, an SAR in March and a letter titled "Request pursuant to Civil Procedure Rules" in April 2010 Then silence Ive since seen the debt has been passed through form various debt companies who have all tried to get debt repaid Yesterday I opened post to find these court papers Following the last letter I sent in 2010 requesting the information under the Civil Procedure rules I received nothing from them How or what do I do next I don't have an income except tax credits, yes I do have a mortgage - which I am not behind in paying, and I don't have £11K to be able to write a cheque, I have zero I was a single parent, I now have a partner and we co-habit. He is a retired service man on a pension. Can they chase him for my debt - of which he knows nothing about it? I also have two children - 26 and 18, living at home Sorry for so many questions
  5. Hi all. I got into more than £50k of debt a few years ago and ended up in dire financial trouble. I read up on these debts using a site called ****** and used their three letters method to deal with the banks, credit card companies and DCAs. A couple of weeks ago I received a writ from my local Sheriff Court as seen in the photos: I'll be honest, I'm terrified now. I get limited legal cover through my work i spoke with a solicitor. He was decidedly unimpressed with the letters and advised me to do a trust deed. He says Cabot are a big company and will definitely have the assignment, they wouldn't have spent money on the legal costs to begin with if they didn't have them. He did help me with a skeletal defence for court: I have set a meeting for tomorrow to start to arrange the trust deed. My honest feeling is that Cabot have nothing, but I would be risking my house if i was wrong. And I have no real basis to believe they don't have what they need. I have never received any letters from Cabot before the writ. No notice of assignment or even a demand for payment. I have had other DCA's for this account but they stopped responding after the three letters. I immediately sent Cabot the three letters by recorded delivery but they have never responded. The last day for making adjustments to the writ or defences is 11th November. i have a bit of breathing space but I'm really worried. Any help will be much appreciated. Ps the letters are like this:
  6. Halifax mortgage. never missed payments until last year. my deal allowed for a repayment holiday. went into branch explained in difficulties, was given 3 months 'off'. may, june, july. my situation hadnt improved so then missed August. Saw their field agent [charged for] who took full statement of particulars etc; and i asked for help via interest only option. i made the payment for September. Eventually got letter confirming a reduced payment for oct, nov, dec. i took this for an interest only due to the figure offered. however struggled so hence the reason for Court possession hearing. based on their Court papers and then Witness statement, i have communicated via email with the solicitor stating i dispute the amount claimed [they have included the 3 months holiday and also the full amount rather than interest only amount for the oct-dec]. plus they state they dont know my circumstances etc, yet they have the field agents report, so they were inaccurate in their claim. i also stated that i felt their 3 month interest only offer was short sighted and not dealing with my request for long term help; as discussed with the field agent. additionally i was getting arrears letters and new payment amount letters during the oct-dec [harassment?]. i asked for the arrears to be added onto the mortgage [plenty of equity] and an interest only option for 2 years to allow me time to get back on my feet. they said no. they now say the 3 months holiday was just an 'arrangement' and not a formal payment holiday and the reduced payment was not an interest only option, just a reduced payment arrangement. hence how they have arrived at an arrears figure of c£6k based on the full monthly amounts, where I calculate it at approx £3k based on the holiday and reduced agreed amounts. their own criteria as i have now found out is that they can offer such a facility, interest only, but only if 6 months of full regular payments have been received., and only after another income/expediture provided. i have stated they have one from end august, paid for, and nothing has changed !! hence why i am in this financial position and asking for help. i then asked if i was to make 6 months payment at the full amount, knowing that financially it will be a burden, would i then be allowed to drop to interest only for 2 years and the arrears added onto the term. the response from the solicitors was that they would accept that proposal, but ask for a suspended possession order and also want a full inc/exp before confirming acceptance. BUT for any interest only and arrears consolidation i would have to discuss direct with Halifax.!! [they are on a direct computer link with halifax/BoS]. Additionally in their witness statement they state they have followed protocol to assist blah blah blah, including offering reduced payments and consolidation of arrears. I have replied stating that i am unhappy as there is no guarantee after financially struggling for the 6 months to comply with their own criteria for qualification for an interest only mortgage, they will be any more helpful than at present [words of that effect] due to their lack of flexibility. Also they have NOT offered consolidation of arrears, as they claim, even after my requesting it through my own proposal. Therefore i have advised them that the more sensible proposal is that which i originally asked for, 2yrs interest only with arrears consolidated/added to term., as that is a more financially viable, sensible and sound option and I will be attending Court to reiterate that offer. So.......... if you got this far !!! i have no faith in the court system [even longer story] to the point they make me physically sick but obviously have to go on friday. all my emails were marked without prejudice and i also referred to my right to produce/use as evidence in Court. Tomorrow i will print out [x2] copies of all my emails etc and create my own witness bundle and hand deliver to the Court so that the judge has it on file - i will email copy the solicitors also. If any thoughts or advices as to any case law i can refer to etc etc, i would be grateful for....... sorry so long winded but just decided to share this worry.......... THANKS !!
  7. Hi all, I forget when, but some time between 2005 and 2007 I took out a loan with AA Finance for £5000. I was married with 3 kids and earning well at the time, owned a nice house etc. In 2008, and in rapid succession, my father died of lung cancer, my wife petitioned for divorce, I lost my job (and remained unemployed for nearly 2 years), the divorce courts effectively stole my house from me, making me homeless, etc etc. In other words, the whole house of cards came tumbling down. I tried to keep up repayments but there was just too much happening, and not enough money coming in. Eventually I walked away from it all and resigned myself to waiting 6 years for it all to drop of my credit report. Yesterday, out of the blue, I received the following letter from Bank of Scotland Customer Services: "We are refunding some further charges to you Dear MR J We previously wrote to you to let you know about a charge of £50.00 which we applied to your AA PERSONAL FINANCE LTD borrowing account containing the numbers xxxx when we arranged a transfer of your debt from AA PERSONAL FINANCE LTD to J&J Collections. Our letter to you also enclosed a cheque for £50.00 to compensate you for any distress and inconvenience and we also advised that we would contact COMPELLO GROUP to check the status of the account and arrange to credit the fee amount to the account. Your payment is enclosed We have contacted COMPELLO GROUP who have informed us that the account is closed and we are now enclosing a further refund and a cheque for £75.60 is included below. This payment includes the fee amount plus an interest payment of 8% for the period when we applied the fee up to the end of this year. I’ve included a table on the back that shows you how we worked out your refund. This payment covers your refund of the fee plus interest, as we have already sent you a cheque for £50.00 to compensate for any distress and inconvenience the charging of these fees may have caused you. We’re aware that some customers may have incurred other costs when the fees were charged, for example where you may have borrowed funds to cover the payments, or incurred charges, so please get in touch if you were also affected in this way. How we worked out your refund Original charge Amount: £50 Interest at 8% from 01/08/2009 to 31/12/16: £32.00 20% tax deducted from interest: £6.40 Total refund payable: £75.60 Check if you need to pay tax Part of this refund includes 8% interest. HM Revenue & Customs (HMRC) treat this as taxable income. Requirements from HMRC mean the bank has deducted income tax at the basic rate (currently 20%) from this amount. If you are a non-taxpayer, or pay tax at a lower rate, it may be possible to reclaim all or some of the tax deducted from HMRC. If you pay tax at rates higher than the basic rate any additional tax due on this should be discussed with HMRC. Please refer to the advice section of the HMRC website for more information, or call HMTC Tax Helpline: 0300 200 3300. To contact us about this letter please call us on 0808 281 0224 or visit your Halifax or Bank of Scotland branch where a member of staff will be happy to help. Yours sincerely J Graham Director of Collections and Recoveries" Firstly, I have not received the initial distress and inconvenience cheque for £50.00, and my surname has changed. Apart from informing BoS of my name change and chasing up the first cheque, should I take any other action (restitutional interest claim?) or just take the money and run? Thanks in advance
  8. Hi, In around1999-2000 i had a card with BoS, which was defaulted on around the start 2001.(balance around £1650 ) I initially made £1 token payments through the CAB, this lasted only around 6 months,when i stopped paying. After being threatened with a statutory demand in 2008 i began paying Capquest £10 a month from 29th OCT 2008. (the balance stated then was £1900.00) I kept this up until 30 Sept 2009. In Dec 2013 they took me to court and got a CCJ for £10 a month which ive had to pay since. (balance had become £2760.00 ?) My question is ,is there anything i can do about this as i believe it was most likely Statute Barred by late 2008 and from what i realise now it probably shouldnt have gone to court . Thanks
  9. Today I received another letter from Iqor regarding a sainsburys visa card I do not and have never held. Supposedly issued by Bank of Scotland, contact was made with the bank in writing complaining about wrong info given to Iqor. Bank admitted they had made a mistake and Iqor were told of the error and would not contact me again. Bank also paid compensation for the error. Seems Iqor are totally stupid, can't read or understand instructions from clients as they are still contacting me. Very stern letter now en-route to Iqor and copy to Trading standards and FOS. Any further advice I can follow, Your comments would be appreciated.
  10. Hey this is my first thread but i've been following closely in the background for a long while. I'm not sure if this should go here or the scottish debt forum :/ Hbos have a default registered on my current account dating back to an alleged debt that was last acknowledged in October of 2009 by way of a transaction by myself. I had forgot all about this until recently when I checked my credit report on Noddle so in response knowing the age of the account I fired off the template provided on here for debts affected by scottish law. In response I received this back: I therefore raised a complaint to the Financial Ombudsman outlining the same complaint and informing them of the response and failure to comply with the relevant legislation/financial guidance. This was the response from the ombudsman: So rather than appealing via the ombudsman, following their failure to make a decision based on the actual complaint of hbos pursuing a statute barred debt I emailed a complaint to Antonio Horta-Osorio(CEO). To which I received the following reply: So I'm kinda lost and not sure where I go from here... any help would be appreciated.
  11. Hi folks, I raise a claim via my mobile phone insurer Lifestyle Group. This is underwritten and owned by the same people as #protectyourbubble (Assurant). I go through all the process and log my claim for lost phone. My policy says that it will be dealt within 1 day. After 3 days I'm told it's been passed to the fraud department. This is due to a system that told them to do this!! Eventually get phone call from this guy Sam in fraud. He is are that I have a disability and suffer from depression. He asks challenging and private questions. At all times I am told I can cancel my claim. I start doubting myself and cancel my claim. I make alternative arrangements and get a new phone. After looking on google about protect your bubble, lifestyle group, assurant, (most bank packed accounts) are dealt with by thes people. Anyway 8 weeks later I log a complaint wi them and suggest that the fraud department bullied me, had caused exasperated my mental health issues and brought back bad memories. I also said that I have been at financial loss due to the way I was treated. The company decide my claim was valid and we agree a cash settlement for the claim...Not for my complaint. They have now offered me £100 for my complaint and I am not happy to accept. Having rad the FOS guidelines they may have breached disability discrimination legislation. I have advised the company I require £1,500 compensation and that I have evidence of the way the treated me. All calls recorded, and agents advised at time. They say they have now reviewed there practise and changed. My question is using the FOS takes a long time.m I've advised I will take legal action. Has anyon had xperience with this company and what letter should I send them. The are discussing my request but I suspect they will decline. Any help much appreciated.
  12. Hi all, this is my first post, although I have been loitering around the CAG forums for a long time, such a wealth of great advice and knowledge. this is my situation; I took out a loan of £12k with Bank of Scotland in 2008, I was happily paying the monthly payment until 2010 when a 50% pay cut at work followed by a split from my partner left me in dire straights. I sought advice from CCCS, did a budget sheet, got the interest frozen etc. and reduced my payments to a token payment of £1 per month, which I have been paying since. Currently the details are as follows; Account start date 16/09/2008 Opening balance £ 10,994 Regular payment £ 139 Repayment frequency Monthly Date of default 30/11/2010 Default balance £ 9,657 The token payment is made via Moorcroft (these were originally chasing me when i first defaulted but have been quiet since). However, I receive my annual statement from Bank of Scotland. I have recently received some inheritance (approx £5k) naturally thought i would put this towards clearing my debt with a F&F offer, as it is my debt after all. After making a few phone calls to HBOS and Moorcroft, it turns out Bank of Scotland still own the debt and Moorcroft are purely acting on their behalf. Going on the above default date, it should in theory drop off my file 1st December 2016 (I have heard stories of creditors changing default dates??). is it worth making a F&F settlement offer? if so do I send this direct to Bank of Scotland? Or do I just ignore everything and wait for the default to disappear from my credit file? I am asking as I currently private rent and would hope to one day in the next 5 years or so look to get a mortgage. The default has also made it incredibly difficult to obtain any kind of credit such as mobile phone, car lease etc. I have reclaimed all charges / PPI already. The only thing I have not done yet is CCA, is this worth doing if the debt is still owned by the original creditor? Apologies for the war and peace effort! I have worked incredibly hard over the past 5 years to clear any other debts and get my self financially stable, this is the last hurdle! Any advice would be massively appreciated! Skank
  13. Hi there I live in England and need to take the Bank of Scotland to Court for a Money Claim of around £35K; I put in my claim to the CCMCC and the forms have been returned stating that I need to accompany the Claim Form with Form N510. The form can be ticked in about 8 different places, but you can only tick 1 ! I've tried understanding which one to tick, but some are REALLY similar. Could someone please tell me which one? Many thanks
  14. Hi Guys, I'm glad i came across this site. I've been doing some in depth reading regarding the process to have an SAR carried out on various lenders etc. In the past I've had the following: Black Horse Loan (2002ish) Applied for my PPI back and told they couldn't find account (now they've been fined 110+ million i'm sure they'l be more helpful Halifax Bank Account BOS Bank Account Birmingham Midhsires Mortgage. I guess my question is can i just send a single SAR to Lloyds banking group HQ (now that they own all these subsiduaries) or will I have to make one to the individual companies within the group.
  15. Hi, I received a letter in the post today with a cheque attached for £50. I have dialed the number for customer services but no anwer just automated then music. I have an old debt to Capital Bank lost my job and defaulted but think it was after 2007 so if they passed the debt out to a DCA would be around 2009. Anyway things going through my mind 1) is this just an out an out $cam 2) Is this a clever new DCA technique I bank the cheque they now have my confirmed home address and my bank account can be identified from the account it is cleared through. 3) Just paranoid about my past catching up to me, it is legitimate. Thanks [ATTACH=CONFIG]58079[/ATTACH]
  16. Hi all I took out a loan with Varooma, I have looked again at the agreement after they said I had put the wrong registration number on my most recent payment ( I have had arrears).. The details on the agreement are wrong. wrong car model and reg. I have asked for a copy of the BOS but they are not forthcoming. .is this enforceable and what should I do Any help appreciated
  17. Good day all. So I'm hoping having gone through this with other institutions that I have got this one right. That said I would very much appreciate somebody just checking my logic and attached letter. I took out a loan with BOS/HSPF and at the same time they issued me with a card, presumably a credit card though I'm not certain that is what technically classed as such. Fees were added and I would like to launch a claim for these back with interest. I have used the normal template - will this be subject to the same rules as more standard credit cards etc? Many thanks L1882
  18. Hi All, I'm currently with Bank of Scotland, well for the next 56 days anyway. I'll start at the beginning: I received 3 payments amounting to over 5k split between my current account AND ISA account. I was not expecting these payments (initially thought possibly sent by family - unfortunately this was not the case) and so contacted Bank of Scotland to notify them of this. I was told to either move the money into another account as to ensure that I wouldn't spend the money or leave it where it was (which I did) and wait for a letter notifying me the money would be taken out and paid back to the original sender. The next day or so I went to the bank to withdraw money, card was swallowed by cash machine I then went into branch to discuss this - was asked to bring in more ID, did this and was then told my account had been frozen. Turns out the payments were not made in error but rather fraudulently - They were FPI payments so I assume they were paid from the other party's online account. I was told I would receive further information the next day on the issue. The next day I am told my accounts will be closed as they believe I am behind the fraud. At this stage I did try to discuss why they thought this and how could I prove otherwise etc but was met with only the phrase (along the lines): "The account will be closed and no more offered" I did also ask if I would have any type of markers against my name now which would affect me and was told no initially and then when I probed further was given a "maybe" Doing some research on my own I see that in these situations bank will apply for a CIFAS which is very serious as it can affect employment and access to other accounts from different banks. I am of course extremely worried by this whole mess as I fear it could now affect my current job which is in Insurance - who of course will be unlikely to keep someone on with a fraud marker; as well as any future employment I may seek. To the best of my knowledge none of my account information has been stolen or compromised - It seems to me from my conversations with several Bank of Scotland staff If I was to have lied and said my card was lost etc I probably wouldn't be in this situation of being blamed. I accept it may be possible my online account was hacked or card details copied/cloned but as I said to the best of my knowledge this is not the case. Any advice on this whole situation would be greatly appreciated, as well as any information you may have on CIFAS and how long it lasts - If it is applied for I will of course appeal this and if anyone else has any experience of this Id like to hear from you also. Thank you all for reading this rather long post. -Sofail P.s before anyone asks, NO I am not a fraudster. I am innocent and another victim of this fraud in this whole situation.
  19. In June 2002 I applied for and duly received a marbles c/c, then issued by HFC Bank Limited. Attached is a redacted copy of the agreement which I received following an SAR to HBOS, the now owners of marbles. As far as I'm aware the agreement was a single sheet, as here, although it's possible there might have been a separately enclosed sheet or there might have been some information on the reverse of this sheet. However, I'm pretty certain that I signed only on the face, in the box just above the HFC rep's signature, bottom right, and neither initialed nor signed anything on the reverse, nor appear to have been asked to do so anyway. I do know that at some later point in response to a CCA to BoS I received another copy of this together with a typed note of initial credit limit and interest rate each of which was actually wrong anyway. I don't owe marbles anything so I'm not looking to avoid any debt but I am taking issue with HFC about something they've done - or rather not done - and I wonder if I'm right in thinking that this 'agreement' fails the relevant parts of the CCA and so makes any contract dependent on it unenforceable. TIA for any advice, V
  20. What makes the BoS void? My BoS from a LBL company has a witness signature but it's from their own employee who dealt with my borrowing from them. Surely the witness should be a 3rd party and not linked to the lending company in any way?
  21. Hi, I recently received an unsolicited settlement offer/letter from Marlin Financial Services which appears to relate to a BoS Budget account(no Bank reference number given) The settlement offer 40p in the £ appears to relate to an account which is currently being payed monthly via s/o to the BoS. This being an ongoing arrangement made via CAB which froze interest back in 2003. I have had no statements from BOS for years, so can not verify that the amount outstanding is correct. I have had no notification from BOS that they have sold the debt to Marlin. I am interested in clearing the debt at a lesser more affordable amount approx 32p in the £ Can someone advise me on the best way to proceed. I figure I need proof that they legally own the debt. Establish where monthly s/o payment are going. Also that the amount they claim is owed, which doesn't appear to be to far out by my calculations, includes recent payments. All before making an offer of settlement. Is there any template letters that cover this sort of scenario? I've had a good look but can't appear to see anything. Also is there anything else I should or should not do before proceeding? Many Thanks
  22. Thought this may be of some use. Bank of Scotland has been unfairly double billing customers who fell behind on their mortgages, a High Court judge in Belfast has ruled. In a scathing verdict, Master Ellison said the bank's behaviour had been "unconscionable" http://www.bbc.co.uk/news/uk-northern-ireland-28842534
  23. Hi. I asked for about £225 from BOS for £12 late payment charges on a credit card from around 2010 back from BOS. They refused. I added interest and issued county court papers in December. They are defending the claim. We have to exchange court bundles by Monday. I had theirs this morning and have just about finished mine. A firm called SCM solicitors have been dealing with the matter. What I am wondering is does anybody think they will deal before court baring in mind it's only 20 days away, will they turn up? Is it worth calling them and asking for a deal? They also state they want all their costs back. I closed the account in 2011 btw. I ask because I'm a very nervous person and dreading court. I'm not sleeping and wish I hadn't started now. Any thoughts appreciated
  24. BOS have decided to withdraw their overdraft facility. So nothing new there then. I was half expecting it, I have been giving them grief for sometime over their mishandling of my finances. However I was below the limit and had paid all interest charges, so why is it worse then? They start gibbering down the phone to me, and it was quite surprised when I was not only ready for battle but quite clued up as well, entirely thanks to this site. I asked the aforementioned to state exactly when they intended to withdraw the overdraft and he stated that it would be 17/10/13. I asked to confirm in writing and he did. This was on the 9th this month. So much for 28 days warning. Today a threatogram arrived stating that they intended to withdraw immediately and my overdraft would become 'unauthorised' and would attract the unacceptable rate of interest that we are all used to battling. Finally they tried to use this to try to bully me into a loan etc. etc. My plan is to wait until the default arrives and then use my missing 28 days to start a defence. When they start with the usual telephone assault, log all the calls and get them for harassment as well. How am I doing so far? Have I missed anything obvious. Kind regards to you all.
  25. Can anyone advise please; I have been paying BOScott £26 per month since 2006. I get a letter from them on a fortnightly basis saying I'm one month in arrears (not) also they threaten to take payment from any money in my account even if it is my Husbands. I was made redundant, illness etc & till now have paid up BUT the letters never stop. I have sent a letter asking for details of the debt agreement as I had read on a previous thread. This morning I have received the usual letter Plus a letter from Bank of Scotland telling me they are trying to obtainthe original CCA docs but if that if I'm using a claims Mgt Co. they have quoted a warning issued by OFT re 'even if an agreement was to become unenforceable customers will sill owe any outstanding balance to the lender' etc they cannot have it both ways, who do I owe Halifax or Blair Oliver Scott? I have put up with phone calls, letters etc since 2006 & have letters from Bank of Scot. apologising for any harrasment. I give up!!!
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