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Bank of Scotland - Default Removal


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Can anyone help me?

 

Found out today by getting my credit file from Experian that there are three defaults recorded against me. Two of these defaults are the same debt - one relates to an overdraft from the Bank of Scotland and this debt has also been registered by Lowell for the same amount.

 

All three of the defaults are for two current accounts I had with Bank of Scotland (a few years ago now closed) they are recorded as:

 

Default 1

Bank of Scotland £417 (was £1498 I made payments to clear) 16/11/05

 

Default 2

Bank of Scotland £184 16/11/05

 

Default 3

Lowell Financial £184 15/12/05

 

I’m planning on claiming back all my charges from the Bank of Scotland for these two current accounts and have sent a request asking for the statements and a copy of my original contract as this site recommends. I followed the template letters sent of the two postal orders for £10 (still waiting it is early days) I have also sent a request to Lowell inclosing £1 and asking them to prove their claim to the debt (copied template from here)

 

I have been reading a lot recently how because of the OFT, banks are refusing to get into litigation until the OFT have made a firm decision as to the practices and refunds of money owing. Indeed some County Courts are refusing to accept small claim actions because of the backlog until a decision has been reached.

 

It is far more important for me to get these defaults removed, I’d happily pay the money owing if that’s what it took, (But there isn’t a guarantee they’d remove them is there?) I can claim back all charges anyway once things have been made more clear.

 

What is my best course of action, force the banks to:

a) Give me my statements for the last 6 years, make a claim for the charges and demand that the default be removed as it was because of the charges that these debts occurred in the first place?

b) Negotiate with the bank to remove them now if I pay what’s owing?

c) I didn’t get any default notices and try and get the bank to remove these unlawful and undefended entries?

 

All advice would be welcome.

 

G :) (thanks)

Edited by gymguy

:!:Currently at war with Bank of Scotland and Lowell

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Heard back today from lowell advising me that bank current accounts aren't covered so pay up!

 

What can i do. Should i pay and negociate the default removal, not sure they are authroised to chase this debt.

 

Anyone help?

:!:Currently at war with Bank of Scotland and Lowell

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  • 2 weeks later...
  • 5 weeks later...

Hey Wanted some advice can mods or experienced help please?

 

HAD 2 current accounts with the Bank of Scotland. Both account closed the bank has recorded defaults against me for £495 and £183.

 

Offered to pay both amounts if defaults were removed they refused.

 

I followed advice of this site and issued S.A.R - (Subject Access Request) on the bank, I maintain that the amounts owed were the result of unfair and unauthorised charges.

 

I have had my statements back for the last six years from the bank, astounded I have gone through them followed the advice here, asked them to refund my charges totally some £9k including the interest.

 

Their defence rested on the OFT's stay and they said they also wouldn't remove the defaults as they were for account conduct and not money owing. How would I know this as I have never at at time recieved any default documentation, despite me asking them several times to provide it.They maintain that as a customer I don't have a legal right to have sight of the default notices.

 

Today I have sent off my claim to the County Court so I'm in the queue ready if the OFT ever get their act together.

 

In the meantime I want the defaults removed. I have served on their data controller a notice to disist from processing/holding data about me especially in the light that I am no longer a customer. I have also written to the CRAs who true to form side with their 'client' the bank and say that information given to them can not be removed unless the bank agrees....blah blah....blah...

 

Is there anything else left for me to do?

Read a post on here about a Subject Access Request for The Data Protection Act? Anyone know where the template for this is? and who it gets sent to.

 

In an effort to get all cuddly and warm with the bank I even offerred to give up my claim for unfair charges (£9k) if they would remove the defaults. They refused and laughed wishing me luck especially in light of the OFT's stay.

 

Could really use some advice as to my next course of action. Most importantly I want the defaults removed.

 

All advice appreciated. Bank of Scotland if you are reading this post, take my offer and remove the defaults?

:!:Currently at war with Bank of Scotland and Lowell

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Thanks Andy,

 

I have seen this and already done most of it. The Bank of Scotland refuse to remove the defaults as they maintain they are for account conduct and I maintain that they are excessive and unauthorised charges.They actually recorded on the defaults with nominal financial amounts - so this plays into my belief that these are debts for charges and not account conduct.They have also agreed to 'freeze' these alleged debts until the county claim can go through the courts pending the OFt's decision. They refuse to remove the defaultl in the meantime however.

 

As I've entered into a county court claim for claiming back the charges I'm hoping that the pressure appiled to claim back the £9k in charges will make them re-think the defaults. The OFT stay however has put a serious delay on the process though.

 

I suspect I have to go down the route of a Subject Access Request under the Data Protection Act. I've read a few threads where this is possible but haven't seen the template. I have searched but in vain.

 

Can anyone point me in the right direction in serving an S.A.R - (Subject Access Request) under Data Protection? - As the Bank have unfair, inaccurate and continue to process damaging data about me. Can I serve them in supplying the documentation? (They don't have it as I've never received any)

 

I've asked them several times to supply the true orginal default documentation and they have replied saying they don't have to.

 

All help appreciated.

Edited by gymguy

:!:Currently at war with Bank of Scotland and Lowell

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My point exactly Tinkerbell.

 

The defaults they listed on my credit file relate to amounts left when I closed my account - They are alledged debts which Bank of Scotland say I owe (I refuse)

 

They say the defaults they issued were for account conduct and are not realted to these amounts. So why in the default information on my file list the financial amounts? (£490 & £187)

 

Crucially they also refuse to give me sight of the default notices (they said the customer is not entitled to see the notice to make it valid)

 

Wish I could place a default on their corporate credit file for £9k!!!!!

:!:Currently at war with Bank of Scotland and Lowell

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Looks like you have it all stitched up and the only way to go is Court.

 

Having said that, be weary, though - take a look at my GE (for an example of how things can go wrong) and my Barclays default removal threads (to see how things can go very right) to see what you have coming.

 

Short of testing the water in Court, to see if they will settle, then getting the right Judge on the day of the final hearing, if you get there, there's little else you can do in all honesty.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks Car.

 

Are you suggesting that my bank claim for unfair/excssive charges will also get them to remove the defaults? This will have to wait until the OFT decision though surely?

 

OR do I need to serve them seperately in court under the data protection act for removal of the defaults?

 

If so can you point me in the direction of the S.A.R - (Subject Access Request) for Data protection Act or help with the formation of the N1 form for the court please?

 

I'm happy to take them court twice, I just want the defaults removing sooner rather than later...

 

G

:!:Currently at war with Bank of Scotland and Lowell

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If you are querying the accuracy of the Defaults because of the charges applied, you'd be well advised to wait the outcome of the OFT case - if you issue solely for Default removal based on charges, the case will be stayed, most likely, for the result anyway.

 

On the other hand, if you want Default removal and charges reclaimed, you'd be better off issuing now, where the claim will still be stayed, but you'll be able to recover interest from the date the claim is issued.

 

You won't be able to get the Defaults removed prior to the OFT case outcome, unless you can show they are inaccurate in a way that doesn't involve charges, IMHO.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks Car.

 

Good advice.

 

My court application for costs/charges has already gone off, so I'm waiting for notification.

 

G

:!:Currently at war with Bank of Scotland and Lowell

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So new strategy.

 

Decided to play nice.

 

I have today written to HBOS asking if they'd remove the defaults from my file IF I pay both outstanding amounts immediately.

 

I know they owe me £9k in unauthorised charges and I'll let the courts decide that one, my application is in and waiting for the OFT finalisation.

 

However there is a small chance that paying up the 'alleged' debt of £600+ will get both defaults removed immeditely, my request was sent 'without prejudice' and I'm not holding my breath. Worth a try I think though.

 

I'll keep you posted. If they refuse It looks as if I will spend a lot more than £600 on legal representation getting this through Data Protection legislation to try and get the unfair and unjust defaults removed.

 

:(

:!:Currently at war with Bank of Scotland and Lowell

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  • 1 month later...

I have followed much of the amazing advice on this site and so far have been successful in removing a CCJ and 1 x default notice.

 

 

Now I am stuck with BofS who in response to my recent request that they send me a true and signed copy of the default notice they issued against me said:

 

"...If I may explain, the fact that you have a charge claim lodged with the bank is not a moot point in this case as the registering of defaults with credit reference agencies is a totally different contingency to a charge claim and any subsequent decision on that aspect. The defaults have been registered on your credit file due to the way the two accounts have been conducted. A customer does not have to have sight of the default notice issed by the bank, what is imperative is that the bank issued it on an account to the address held at the time of the default on the file of the customer..."

 

They won't therefore give me a copy of the default notice they claim that it is all about account conduct even though the default has a financial amount of £498. My position is that the amount owing is 100% made up of excessive and unauthorised penalty charges.

 

I have a claim for £10k with Birmingham County Court for the reclaim of charges. What's my next legal move to get this default (and one other issued by Lowell onbehalf of BofS) removed?

 

All help much appreciated.

 

Gymguy.:-x

:!:Currently at war with Bank of Scotland and Lowell

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Update:

 

Birmingham County Court sent me through the Allocation Questionaires and I have followed the advice on here and send them off together with the £200 and £35.

 

BofS have issued a template blanket stay which i have objected to (The advice on this site is just so great!)

 

I await to see exactly what Birmingham CC will do now.

 

Would they take my £250 for AQ if they were going to stay the cases?

 

Apart from the £££ I want back I want the defaults removed and BofS haven't conformed to my SAR they sent through the statements but nothing in terms of terms and conditions and default notices.

 

Treid playing nice a recent letter to their CEO responded telling me to get lost. So court it is.

 

Watch this space.

 

G

:!:Currently at war with Bank of Scotland and Lowell

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Whattttttt?????????????? I think legally they should have to sent you a letter informing you that you are about to be defaulted.

 

I further believe that an account cannot be defaulted once you are in dispute - and if filing at court is not in default when is the right moment? (Yes I know - the moment you wrote your 1st letter.) I would ask a site helper to have a look at this thread but I imagine your next move would be to inform the court about this latest move as it has just left me speechless and angry on your behalf. HOW DARE THEY......................

 

Have just sent PM to ssl for you.

Edited by sallysas
addition

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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Have they added the default AFTER you started your claim? If so as Sally says, they cant do that with the account in dispute.

 

I am giving you an excellent link for you to read. Everything you should need is on there.

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

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No......the default was issued a year before I commenced the claim for charges.(Love it when you get angry though;))

 

The bank have marked the default on my credit file as 'satisfied' although I haven't paid them the £498. In fact the account is in despute and I have paid nothing.

 

They say they won't and can't remove the default as it hasn't been put there for any alleged debt (my claim is the alleged debt is 100% because of account charges) but is due to my account conduct and that they issued the default because of the way I conducted my account. that they are reporting to the finance market at large by using the default as a means of recording my account conduct (In other words do not lend this guy money!)

 

They have marked the default with a financial amount of £498 because that is what they maintain I owe on my overdraft (limit was £2k) I refused to pay saying that the charges they have applied during the last six years they actually owe me NEARLY £6K for this account.

 

I thought a default was for a debt or failing to pay and not for conduct?

 

At no time have I ever received a default notice and they maintain they have sent one. They refuse to supply a copy for me to actually see and have ignored my Data Subject Access Request.It would be very interesting to see what act they have used to actually default against me.

 

As it looks as though my claim for charges in the County Court will be stayed until the OFT pull their finger out, I'm seriously considering following Car2403's line that as this relates to an overdraft and that is covered by the CCA the default (even if they issued one) is unlawful and must be removed.

 

Waiting for them to pay me anything in bank charges could take months and I want to take action for default removal now!

 

:confused:

:!:Currently at war with Bank of Scotland and Lowell

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  • 3 weeks later...

Ever felt that the powers that be are biased against you?

 

I have written extensively to the Information Commissioners Office and the FOS.

Today I called to find out where my complaint is in the waiting list to be dealt with. (I orginially wrote to both organisations in July) I was informed today that they currently are experiencing a major backlog of complaints and mine is in a long queue for a case adjudicator to begin reviewing.

 

I am told I could experience a delay of up to a year before they will get to my case! A YEAR - this cannot be right can it?

 

It looks now as if the courts are the only speedy resolve in getting my data protection and CCA issues heard. Both the Information Commissioners Office and the FOS have told me if I commence legal proceedings then they won't be able to look at my complaints (like I'm really going to wait a whole year)is the courts system as slow?

 

This cannot be fair and equitable can it? It seems totally biased towards the financial institutions.

 

How long have you guys been waiting?

 

:mad::confused:

:!:Currently at war with Bank of Scotland and Lowell

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  • 3 weeks later...

I have two cases against BofS one has been allocated to the small claims track and is to be heard in November (Good)

 

The other is over the £5k threshold and although the BofS applied for a stay pending OFT decision I objected and won and I also asked that this case be taken through the small claims court despite the amount as it is the same as my other claim against them - just for more money on the reclaim of bank charges.

 

I have today received a notice that the judge wants a 30 min allocation hearing and I need some help and advice. I have filled in allocation questionaires for both cases previously.

 

What documentation do I need to send out and prepare in advance?

What should my stance be at the hearing? What can I expect?

 

All help much appreciated.

 

Thanks

Edited by gymguy

:!:Currently at war with Bank of Scotland and Lowell

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  • 1 month later...

Morning,

 

Can anyone help clarify for me or explain what I do next as the order is somewhat vague and I'm a little confused.

 

I have had both of my bank charge claims against my bank stayed by my local county court (who hasn't eh?) Therefore I decided to fight two defaults that are a direct result of excessive bank charges on my overdraft/account. I no longer bank with this bank.

 

The bank cannot produce the default notices or a copy of my original signed agreement.

 

I issued a claim against the bank under the Data Protection Act for immediate removal of the default.

 

Namely: A default and termination of an overdraft agreement which has been completed unlawfully and not within the prescribed form required by the Consumer Credit Act 1974.

 

No credit agreement provided that complies with the act, the defendant cannot seek to rely on enforcement in the form of a termination notice. Defualt Notice or other, as a requirement of the CCA 1974

 

The Default issued against the claimant by the defendant is therefore unlawful and inaccurate. The claimant seeks an order for the removal of the default notice and any other prejudicial information from Credit Reference Agencies.

 

The claim was undefended by the bank and I won by default and asked that the court issue a judgement in this regard. Following this they have sent me an order which I am confused about. it reads:

 

Upon considering this matter:

 

IT IS ORDERED THAT

 

The Claimant must identify the specific date that he wished the court to make an order upon which supporting evidence before the order he seeks under the Data Protection Act can be made.

 

 

So what proof should I send and what is the date they the judge is refering to?

 

Please help.

 

G:confused:

:!:Currently at war with Bank of Scotland and Lowell

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Sticking to one thread per claim would be good for starters.

 

What were your POC?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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