Blair, Oliver and Scott

[berrylover]

Anyone got a landline telephone number for them, rather than the 0870 number?

[42man]

I think there is only an 0870 number for them....you could reverse the charges ?...feeling brave this morning Berry ?

[berrylover]

Aye, am a bit bored, thought I might phone them and ask them if they are going to pursue my debt with BOS despite it being in dispute, and also if they can answer who decided to call them Blair, Oliver and Scott and if it was hard to think of three names that sounded official but also tied in with the BOS initials.

[42man]

I do hope you will record the call !!

[postggj]

blair oliver scot

no relation to hbos as they would like us to believe

 

think they are called

 

barmy, orrible and stupid

 

just as there name implies,

 

he, he

[berrylover]

Ooooh they are appparantly not "BANK OF SCOTLAND" but charged by Bank of Scotland to collect debts, I asked them why their initials are the same and they said "Well we are part of Bank of Scotland group". Exactamundo! I can see a fight coming on here. Is a dispute letter enough now. I spoke to the Credit Card collections department and they said they are not prepared to deal with it anymore and that Barmy, Orrible and Stupid are dealing now. Do I CCA them, even though I CCA'd Bank of Scotland credit card in June and got nowt back, or do I leave it with the dispute letter that they signed for on the 18th September 2008 and reckon has not hit the file yet (must be a long way from their post room to the first school to get the letter read for them).

[lexis200]

Hey - you've got the same signature as me!!!

 

And I thought I was unique:D:D

[lexis200]

Except mine's not showing now:confused: Perhaps it's shy:)

[berrylover]

Have I?

[lexis200]

Yep - Time flies like an arrow etc - only mine isn't showing??

 

>

[berrylover]

Our sigs only show sometimes, only the admins show all the time.

[lexis200]

Just in reference to your question...

 

If you CCA'd BOS when it was being dealt with them, and they've not got anything back to you, they shouldn't have passed it on as it would have been in default.

 

If you wanted to be sure though, you can always copy the CCA request to BlairOS (literally copy - they've already had your £1!) so they're under no illusions about the state of your account.

 

Who did you send the dispute letter to? BofS or BlairOS (damn them having the same initials, it makes typing very tedious:)) Actually, either way it's probably worth sending it to whichever one you didn't, if that makes sense.

 

Depending on when you opened your account though, even if you do get something back from BofS about your agreement, it may well be rubbish. I've had two now, one still with BofS and one with BlairOS - both are laughable.

[lexis200]

Oh, well that answers that then! I thought I was going mental:)

[postggj]

hi lex

 

ditto on your last post

 

it took me 6 months, but in the end no default and no account history on the cra files

 

it can be done

[berrylover]

OK, spoke to collections again at BOS. Apparantly the account was defaulted by them in November 2007 (I have never received a default notice from them, hmmmmm). I sent them the letter asking for my CCA in June and the 2nd letter on July 14th placing the account in dispute.

 

They claim that they can pass it on to Barmy, Orrible and Stupid as I haven't paid anything. They have also said that they do not have to notify me of them passing the account to Barmy, Orrible and Stupid as they sent a default notice out in November 20007 (even though I didn't receive it) and that all Barmy, Orrible and Stupid need to do is write to me to let me know they have taken over the debt.

 

They also told me I could not complain to the FOS until I had exhausted their complaints procedure.

[postggj]

hi berrylover

 

in the end i demanded for a copy of my default notice

they sent me a very poor copy dated 1997

 

but i never had an account with hbos till 2005

 

need i say more

[lexis200]

Right, well I'm not sure about the FOS bit, although I'd be pretty sure you can complain to them at any time, but they probably won't look into it unless you've exhausted BofS complaints procedure.

 

They have to have sent you a Default Notice, and if they're claiming they did I think you really need to get an SAR out to BofS so you can check for yourself. Make sure you have asked for everthing relevant to the account, including the CCA - I have a very good template that another poster gave me which encompasses the lot if you need it.

 

The account is well and truly in dispute so BlairOS can not pursue you for payment while that continues, and they know it. Was it passed to them after the account was put into dispute or before? If it was before they haven't done anything wrong, but if they've done that since July they're breaking rules on the CCA1974 as accounts in dispute can not be passed on to third parties.

 

I did think that the OC had to inform you of an account being passed on to a DCA aswell as the DCA informing you, but I'm not sure on that so don't take it as gospel.

 

Also, I would very strongly suggest that now's the time you stop talking to them on the phone. When you do they can argue points of law (almost exclusivly incorrectly), and unless you're superbly versed you won't be able to hold your own against them. Also, keeping everything in writing means there's no disputing facts if you end up in court, and you can keep letters extremely polite and reasonable, which will make you look much better to a judge should it come to that.

 

Have you sent them a formal complaint? This is one way to 'exhaust' their complaints procedure. You send them your 'account in dispute' letter again, but head it with Formal Complaint'. They send you back something that probably won't answer your questions but is their final response on the matter. At the end of this they're obliged to tell you that you have the option to complain to the FOS, and bingo you're in for a complaint to them.

[lexis200]

Hi postggj

 

I'm so pleased to read you won this with them! Well Done:D:D

 

Did you have to go to court to achieve this or did they end up just backing down?

 

My OH's has two cards with them that I'm dealing with. One has been in dispute for a while now, and the other went into dispute a week or so ago. I'm waiting on a reply from their complaints dept. which should be with me by Friday (ooh look, a flying pig...), but I'm not sure how to go about getting CRA stuff cleared etc.

[berrylover]

I only phone them when I am bored and need entertaining to be fair. Its funny to hear them struggle to answer hard questions.

 

Ok, so if I send a formal complaint, as the 40 days for the SAR is well and truly up. And also complain about the account being passed to Barmy, Orrible and Stupid and mention that I have not received the default notice that they claim to have sent last year that should do it.

[berrylover]

Actually, going through my files I sent BOS this on the 11th September.

 

LETTER BEFORE ACTION

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

ACCOUNT IN SERIOUS DISPUTE.

Section 7 – Data Protection Act 1998

 

Dear Sir,

 

Account:

 

You have failed to comply with my Data Protection Act Subject Access Request dated 24th July 2008.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

 

[postggj]

http://www.consumeractiongroup.co.uk/forum/halifax-if-successes/116741-halifax-default-credit-agreements.html

 

its post 112 that did it for me

 

hope it helps

[lexis200]

That'd do it!

 

I didn't realise you'd already SAR'd them, so you're already way further than I thought. I'd get a complaint to the FOS in now then.

 

ps. sorry about the 'don't phone' info - I didn't notice you've been around for a good while, and would have known that. Doh!

[lexis200]

Excellent, thanks postggj - on my way over to have look now!

[adarling2006]

Creditors have to inform you if they intend to pass on your account to a third party, it's in the OFT debt collection guidelines and the Law of Property act 1925 section 136 that they have to give you a notice of assignment. Failing to do so now puts them under the New reg's and practicing unfair business practices. In short if they don't comply with the Regs tradings standards can actually do something about it as well as the OFT.

oft debt collection guidelines..pdf

Law of Property Act 1925 (c_20).txt

[berrylover]

Is it classed as passing it to a DCA if it is their In-house DCA?