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Disabled & Scared! Owe 20k to Halifax!**WON** DISCONTINUED AND WROTE OFF


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Hello HP,

 

 

BOS almost always ignore any letters sent! In fact one of their phone operators even admitted that they rarely read them. They just bin them!

 

The letter you received is a standard letter from them, so I wouldn't panic. I have had 20 to 30 letters from them all similar, some claiming I had 24 hours to pay up. These were always received after the alleged 24 hours had expired. I had one claiming that Court papers were being prepared and would be filed if I did not contact them immediately. It's all Bull***t! Eventually, your account will get passed from DCA TO DCA, these will back off when told that the account is in dispute and no CCA as so far been produced.

 

Have a read of some threads involving BOS! Including mine.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121252-bank-scotland-blair-oliver.html

 

Also read reallymadwoman's threads. She complained to the FOS and was awarded compensation! This one is a great read and may offer some inspiration.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102011-blair-oliver-scott-bank.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

 

Finally, do not phone them under any circumstance!!! Do not make any payments!!!

 

If and when they produce a true copy of your agreement containing all the prescribed terms, then you may begin to discuss repayment proposals!

 

 

Good luck and happy reading!

 

Jeff.

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Hello Everyone!

 

I am back home now but just wanted to say thanks ever so much for looking after OH. He sent the letter off yesterday by RD, so they should receive it today.

 

The dates (42 days) are up tomorrow (12th June 2008) Do I call Trading Standards or would it better to send them a letter? Either way, what do I say to them? TBH, I would prefer to manage this via letters/post as I dont have alot of energy for talking etc. Would this be acceptable?

 

I am back in hospital in 10 days, but want this sorted in the mean time. I must call Halifax today and pay the £2.00 on my OD as I dont want them saying I have not been paying that.

 

Thanks again. Hugs to all of you too!!

 

HP

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Report them as soon as they enter the offence stage and push your local TS with this:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

 

Glad to hear you're back home and, as always, you're very welcome to any help, advice and support :)

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Just an update. I have just spoken with Halifax as I needed to pay my fixed agreed amount and I have now been passed to a customer priority team, which means that I will only deal with 1 person directly with regards to my overdraft of £1600. The lady was lovely and she said I would not be receiving any phonecalls from them and that I would be sent a welcome pack from them. I have to provide evidence that I am ill, but that is fine. I have letters from the CAB confirming this and letters from DLA and OT etc.

 

While she was on the phone I explained about the credit card debt which she asked the number for. She told me that it had been assigned to BOS and when I told her that I was receiving threatning letters and calls she seemed rather distressed. I stated that the way in which I was being treated by them was horiffic and causing me great stress. I asked if BOS had a specified team for disabled people so I could be assigned a case worker with them and she didnt know. I told her that I was now not ansering the calls from them and that all calls were being screened...she said that she didnt blame me. She did seem very genuine, but you can never tell if they are playing good cop, bad cop. I asked what I should do and she said to call them and tell them how ill I am and she said that "ethically" they should leave me alone.

 

Anyway, I thought you should know.

 

HP

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I would be sent a welcome pack from them. I have to provide evidence that I am ill, but that is fine. I have letters from the CAN confirming this and letters from DLA and OT etc.

i am sure she was genuine and it really will take an another leap of faith to get under the skin of the BOS perhaps one of the peeps on here have an address for a major shareholder director and see if a personal human touch can bring BOS to their sensess

but at least you are getting somewhere glad to see you have perked up since your first letter on her so well done keep your spirits up

patrickq1

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Hi HP, Nice to see you back on the forum again. :) Take care now {{}}}

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi There

 

I have had another letter this morning dated the 9th June and they are threatning and preparing for court. They are saying that Halifax have asked them to do this. The are applying for a CCJ. This needs to be paid by today 16th June 2008.

 

I havent been able to contact TS yet as I was quite sick the end of last week.

 

Is there anyone higher I could contact and ask them to back off. This is really starting to distress me.

 

Is this just a standard letter or should I be worried? I have asked them politely to leave me alone and that the debt is in dispute.

 

Can I do anything else?

 

Does anyone have a snotty letter I can send them that they may listen too?

 

Thanks

 

HP

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Hi There

 

I have had another letter this morning dated the 9th June and they are threatening and preparing for court. They are saying that Halifax have asked them to do this. The are applying for a CCJ. This needs to be paid by today 16th June 2008.

 

I haven't been able to contact TS yet as I was quite sick the end of last week.

 

Is there anyone higher I could contact and ask them to back off. This is really starting to distress me.

 

Is this just a standard letter or should I be worried? I have asked them politely to leave me alone and that the debt is in dispute.

 

Can I do anything else?

 

Does anyone have a snotty letter I can send them that they may listen too?

 

Thanks

 

HP

 

 

 

 

Hello HP,

 

 

There is no doubt whatsoever that this is yet another threatogram! It is a standard computer generated letter. File it under H for harassment!

 

They will completely ignore any letters you send them, but you can send something along the lines of this if you wish;

 

 

 

D Hood

Blair, Oliver and Scott Ltd

P.O. Box 66

Rosyth

Fife

KY11 2WG

 

September 25th 2007

 

Re: Account Number XXXX XXXX XXXX XXXX

 

 

Dear D Hood

 

 

With reference to your letter dated XXXX XX XXXX.

 

I find it absolutely incredible that you continue to ask for further payments whilst your client, Bank of Scotland is in default of section 77(1) of the Consumer Credit Act 1974.

 

A request was made to your client in a letter dated XXXXX XX XXXX, to supply all documents required by s77(1) of the CCA 1974. The statutory fee of £1.00 was included by way of a cheque/postal order. (Number XXXXXX). This cheque/postal order was banked on XXXXX XX XXXX, therefore my request was accepted. Your client received and signed for the letter on XXXXX XX XXXX.

 

As you should be very aware, the CCA 1974 allows twelve days for your client to comply with the request. If they do not, then they are in default, and the agreement becomes unenforceable. If the default continues for a further calendar month, then an offence is committed. It is also your client’s legal obligation to comply with this request.

 

The deadlines for your client to comply with my request expired on XXXXX XX XXXX, and XXXXX XX XXXX respectively. I think you will agree that your client as had more than sufficient time to comply. To date your client remains in default of section 77(1) of the Consumer Credit Act 1974, and the agreement remains unenforceable. Until such a time as your client complies fully with my request, all payments will cease.

 

As you have now continued to request payments, you are in breach of the CCA 1974, and the Office of Fair Trading guidelines on debt collection. Therefore I now request that you forward me full details of your complaints procedure. You will be well aware that you have eight weeks to comply before a complaint will be lodged with the Financial Ombudsman Service.

 

I can also confirm that I will no longer be contacting your company with regards to the above numbered account. In future I will only be contacting the original creditor, the Bank of Scotland, regarding payments or any other matters. Therefore any further contact from your company will be deemed as harassment, and a further complaint will be raised to the relevant authorities.

 

I trust you understand the contents of this letter.

 

 

Yours sincerely

 

 

They will, of course, ignore this letter. They will also fail to provide you with details of their complaints procedure and eventually I think you will be passed on to another DCA! If so, then you can then complain to the FOS!

 

 

Best wishes, Jeff.

Edited by Jeff2000
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HI HP, I received one of the Blair Oliver Scott threatograms as you describe.

 

At the very top of my letter in BOLD RED LETTERS AND UNDERLINED, I put the following

 

WARNING

AS THIS IS NOW SUBJECT TO COURT PROCEEDINGS

PLEASE DO NOT IGNORE THIS LETTER

 

I received a letter the dated the day after it was received by BOS from Halifax's Customer Care Manager advisng that they were looking into things.

 

Please be aware that there are certain procedures that need to be followed before they can take you to court and it would appear that none of these steps have been taken.

 

{{{{hugs}}}}

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I wrote directly to Andy Hornby, the Chief Executive of HBOS, telling him I was writing to hin as I didn't know the address of the complaints department and asking hime to pass it on! That was 4 months ago and I haven't heard a peep from them since!

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Thanks!

 

I have just contacted Royal Mail and there is no way I can find out if the PO has been cashed! I have to download a form and send the receipt to them and this could take about 30 working days. I explained I was disabled, but the lady said that they can not check on their computers.

 

What should I put into the bit on the letter about the PO dates? ....should I just put the date the letter was signed for by them?

 

Thanks

 

HP

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Thanks!

 

I have just contacted Royal Mail and there is no way I can find out if the PO has been cashed! I have to download a form and send the receipt to them and this could take about 30 working days. I explained I was disabled, but the lady said that they can not check on their computers.

 

What should I put into the bit on the letter about the PO dates? ....should I just put the date the letter was signed for by them?

 

Thanks

 

HP

 

 

 

 

Hi HP,

 

 

Yes! All you are pointing out is that you know the letter was received by them. If they have signed for it, then that's fine!

 

 

Regards, Jeff.

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Hi There!

 

Just an update.

 

Today I have received 2 letters from Halifax.

 

(1)A letter about my OD which has been passed to the Customer Priority Team. They have asked for a letter from my GP stating illnesses etc and have popped in a pre-paid envelope for me. I have 21 days, but if I need longer then I can call them on their freephone number to ask. I have been assigned my own personal staff member and I will directly with her and no-one else.

 

(2)A letter from Halifax (not BOS) regarding the Credit Card debt. They have noted my letter stating that I am unhappy with them and the way I have been treated. They have asked a customer care manager to look into my case and investigate the points I have raised and I will reply no later than 4 weeks. They have included a copy of their complaints procedure. If I need to contact them in the mean time,I have been given a direct geographical number.

 

I am pleased about both letters as they seem quite positive, but was wondering what happens when BOS get in contact. Does this mean that the Halifax have taken back the CC debt which they gave to BOS if they are now contacting me:confused:

 

Do you think the letters seem they are heading in the right direction?

 

Thanks

 

HP

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It does look as though there is some good news lurking on the horizon for you HP.

 

It would certainly seem to me as though BOS has decided to hand the file back for Halifax to sort out. {{{}}} :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hello HP :)

 

Just popping in to send my continued support, and to say I have been reading your thread and watching what's been going on. I do think things sound a lot more positive for you now and at long last your difficult situation is being taken seriously by these companies.

 

Stay strong x

 

Love and cyber hugs

SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hi There!

 

Just an update.

 

Today I have received 2 letters from Halifax.

 

(1)A letter about my OD which has been passed to the Customer Priority Team. They have asked for a letter from my GP stating illnesses etc and have popped in a pre-paid envelope for me. I have 21 days, but if I need longer then I can call them on their freephone number to ask. I have been assigned my own personal staff member and I will directly with her and no-one else.

 

(2)A letter from Halifax (not BOS) regarding the Credit Card debt. They have noted my letter stating that I am unhappy with them and the way I have been treated. They have asked a customer care manager to look into my case and investigate the points I have raised and I will reply no later than 4 weeks. They have included a copy of their complaints procedure. If I need to contact them in the mean time,I have been given a direct geographical number.

 

I am pleased about both letters as they seem quite positive, but was wondering what happens when BOS get in contact. Does this mean that the Halifax have taken back the CC debt which they gave to BOS if they are now contacting me:confused:

 

Do you think the letters seem they are heading in the right direction?

 

Thanks

 

HP

 

 

 

 

Hi HP,

 

 

Yep, it looks like you are at least getting somewhere at last!

 

Good luck and keep us all informed of any more developments!

 

 

Regards, Jeff.

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Thanks for all your support guys!

 

If BOS send another letter, I will scan the letter from Halifax with the complaint ref and send them the copy.

 

I am back in hospital next week for my second round of chemo. Feeling tired but okay. Looking at wigs ATM...lol...always wanted to have long hair.

 

HP

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