Bank of Scotland/Blair, Oliver & Scott - do they take you to court?

[palomino]

My wife has a preference account with Bank of Scotland (or Capital Bank as they like to call themselves).

She is behind with payments to the extent that Blair, Oliver & Scott are involved. Blair, Oliver & Scott are threatening court action.

 

Do they actually go as far as lodging a County Court claim? If so, in whose name - Bank of Scotland or Blair, Oliver & Scott?

 

I'm rather enjoying this. Bank of Scotland are actioning (or not) two formal complaints, and a further matter has gone off to the Information Commissioner. Blair, Oliver & Scott have received one formal complaint so far, with another one imminent. They have written a number of lies which my wife unsurprisingly took exception to.

[Fred Bassett]

My wife has a preference account with Bank of Scotland (or Capital Bank as they like to call themselves).

She is behind with payments to the extent that Blair, Oliver & Scott are involved. Blair, Oliver & Scott are threatening court action.

 

Do they actually go as far as lodging a County Court claim? If so, in whose name - Bank of Scotland or Blair, Oliver & Scott?

 

I'm rather enjoying this. Bank of Scotland are actioning (or not) two formal complaints, and a further matter has gone off to the Information Commissioner. Blair, Oliver & Scott have received one formal complaint so far, with another one imminent. They have written a number of lies which my wife unsurprisingly took exception to.

 

Palomino,

 

I would urge you to send off a CCA request. This will, at the very least, put things on hold until such time as they can produce a copy of the agreement. There is also a very good chance that will struggle to do this and/or that if they can, it will not be enforceable.

 

These are very strange agreements and I'm having my own battle with IQOR/BoS over one of these. (see my thread).

 

Regards.

 

Fred

Edited October 12, 2008 by Fred Bassett
Teaching my Grandmother to suck eggs.

[palomino]

We sent a subject access request in July and they haven't responded. That's the complaint to the Information Commissioner.

In that request we explicitly specified any applications, agreements etc. No response.

[berrylover]

I would make sure that if you have a hbos group current account at all then your wife transfers her wages etc into a non hbos current account as Barmy Orrible and Stupid will try to take any money in the accounts to cover the debts.

[Fred Bassett]

We sent a subject access request in July and they haven't responded. That's the complaint to the Information Commissioner.

In that request we explicitly specified any applications, agreements etc. No response.

 

In that case, stop paying them. You're in charge now.

 

Regards.

 

Fred

[palomino]

In that case, stop paying them. You're in charge now.

 

Umm, she never started!

[angel_1]

hiya palomino

 

just found this thread of yours, did you ever get any court action as unfortunatley, i have had my first letter from the so called solicitors blair oliver scott, ref my bos account,

 

i will update my threads later this eve so where im at,

 

many thanks appreciate your advice

 

have a fun day

 

laters angel x

[UnmoderatetheNet]

From my time on here and personal experience BOS don't usually do the dirty work they will sell to some pond life like CL Finance who will have a claim in Northampton court faster than you can say CCA unenforceable

[millymollymoo]

Hey angel blair witch are PROFESSINAL DEBT COLLECTORS lol!!! thats what was on my letter I nearly pee'd myself.

 

Solicitors now hey;) they get around lol!

 

Lexis [sweetie] provided me with a letter that proves they are Bank of Scotland in house and CONNECTED.

 

milly XX

[Pinky69]

BOS didn't have an agreement on mine. It went round the houses then finally they wrote it off - took a year. They cannot take you to court without an agreement and it looks as if they don't have one.

[palomino]

just found this thread of yours, did you ever get any court action as unfortunatley, i have had my first letter from the so called solicitors blair oliver scott, ref my bos account,

 

No it didn't get that far. My wife's paying BOS a small amount each week and everything's gone quiet on that front.

 

The complaint to the Information Commissioner has been acknowledged [by the ICO].

 

HBOS still haven't complied with the DSAR request - in a few days it will be six months since it was sent. A few days ago we sent off a LBA giving them a deadline to comply or we will be off to the local County Court to seek a compliance order. So, this is still rumbling on.

[gettingthere]

I had a credit card with BOS - when asked for CCA they sent totally illegible application form. Stopped payments and numerous letters to BOS. They said they had complied with s.78(1) and passed it to next desk Blair Oliver Scot. I received many letters before action and they received many CPR requests back. Then passed to Moorcroft, EOS & IQor who all backed off when presented with the facts.

They have finally after 18 months written debt off but state they have done so because of my ill health - if they had gone to court I would have defended as the alleged agreement is totally illegible and an application form to boot.

[angel_1]

hiya palomino thanks for the reply

 

sorry i should have explained my bos is a credit card acc

 

also are you saying they have not sent you or your wife details from you subject access request?? thats why its with the information commissioner?

 

i was going to request the sar today for all my hbos accounts held

 

well thanks for the info and good luck

 

laters angel x

[spartathisis]

my hbos cc recently sold to cabot, but a DSAR had already been sent to halifax! They have just returned everything required, oh wait everything but the Agreement, default notice and Deed of Assignment, oopps.

 

Sent an account in dispute letter as it was past the 40 days (50), even though they said they were "looking" for my application form!! Think they will be very lucky (or me unlucky) as it was taken out in 1988, though they have sent a list of transactions from 1994 to 1999 including raising my credit limit while 2 months in arrears and over my credit limit by £600. responsible lending uuhh.

 

I have had no notice or deed of assignment from halifax or cabot, just cabot demanding money and sending a payment card. looks like the ringtone allotted to cabot (halloween) is going to start again

[angel_1]

thanks for that spartathisis -loved the halloween comment

 

interesting,,,,thanks for the info

 

laters angel x

[spartathisis]

so ok. with the theme tune at least the kids know not to answer my mobile!

[palomino]

also are you saying they have not sent you or your wife details from you subject access request?? thats why its with the information commissioner?

 

Correct!

[empowered]

BOS have issued court claim against OH - the docs they have sent in response to my SAR were absolute rubbish - including a blank template DN:p

We put in the defence, and they said before Christmas they didn't agree with our defence (although we didn't go into specifics) and were going to instruct the court to continue - nowt heard so far:D

[lexis200]

OK, how did you two get them to write it off???? Was it just that they got bored with you arguing, or did you do something special?

 

We've been fighting since June last year (usual stuff; no cca, no historic terms, one of the accounts terminated on a dodgy DN), but they've so far declined my request that the balance is zeroed. I have only just asked this though, so obviously I'll be doing it again:D:p

 

Oh, and we had a Notice of Intended Prosecution from the lovely Blair Oliver Scott in November. Sent them a CPR for the agreement etc - not a dicky bird since, and BOS seem strangely reluctant to acknowledge that they tried the legal route...

 

We haven't paid since July (have to say I was hasty in this - now I leave it a looongg time to make sure there is no agreement, but I was just starting and thought it was the best way to go at the time).

 

I think - from our experience anyway - if they are on dodgy ground they shy away from court. All mouth and no trousers springs to mind!

[Pinky69]

This is my last letter to the BOS in July 2008. It was sent to the Rosyth address because they wrote to me after I made a formal complaint to the BOS Chief Executive. You can use from this letter what you want.

 

Bank of Scotland Customer Relations

Dundas House

Viking Way

Rosyth Europark

Rosyth

FIFE

KY11 2UU

 

Dear

 

 

Your ref

 

 

Addendum to my complaint of 3 March 2008

 

 

I am in receipt of your letter of 20 June 2008 in reply to my complaint of 3 March 2008. Your reply has taken 4 weeks to reach me and I can only assume that was to ensure that your offer of reduced settlement would not be taken up. It is academic anyway because you are not in a position to make a reduced offer on alleged debt for which there is no properly executed agreement.

 

Firstly, I did not say a letter to Blair, Oliver and Scott had been returned. If you read my complaint carefully, I said that I understood that any letter sent to Blair, Oliver and Scott was returned marked “unknown” ie it is a common experience and I wasn’t going to waste my time writing there.

 

You are correct that after my request for a copy of the original agreement pertaining to the disputed account I did not receive a response indicating you were unable to obtain a copy of the original signed agreement – no such letter was sent or I would have received it. The OFT’s view of the kind of constructed copy you have sent is that there is no way of knowing if it relates in any way to the original as the original is missing. Therefore you remain in default of sending me a true, signed copy of the original agreement as requested and consequently this account remains in dispute.

 

Reference to activity on the account prior to my request for a copy of the credit agreement is irrelevant. I am legally entitled to request a copy of the agreement anytime and the Bank of Scotland failed to comply. Not only did they default under Section 77 of the Consumer Credit Act 1974 but they do not have a properly executed agreement pertaining to the disputed account. The Bank knew this at the time of my request but in spite of this knowledge breached the Consumer Credit Act 1974 in not ceasing all activity on the account and continuing to charge interest on a disputed account. They further breached the Consumer Credit Act 1974 and the Data Protection Act 1998 by assigning the disputed account to a debt collection agency, namely Capquest, for that agency to continue further breaches of consumer law on the bank’s behalf viz breaches of the Consumer Credit Act 1974, the Data protection Act 1998 and OFT guidelines. I have proof of this in writing. They even tried to make out it was a different type of account that has a lesser onus of proof under the Consumer Credit Act 1974.

 

The bank is not entitled to pursue an account in dispute nor to pursue an alleged debt for which there is no properly executed credit agreement. Nor, contrary to your assertions, is the bank entitled to continue adding interest and charges to a disputed account. The bank is not above the law and cannot make up its own rules as it goes along, although obviously from your reply it thinks it can. If the issue of legal proceedings to recover a debt is not a method of enforcement, I don’t know what is!!!! That statement about the views of Courts is total nonsense! Sale of an account in dispute would be a breach of the Consumer credit Act 1974, the Data Protection Act 1998, OFT guidelines and the Consumer Protection Against Unfair Trading Regulations 2008, effective from 26 May 2008.

 

I am afraid a “welcome letter” from an agency when an account is “allocated” does not meet the legal requirements of assignment under S136 of the Law of Property Act 1925. To be valid, a Notice of Assignment must be from the assignor ie the original creditor, on the debtor. It must be served via recorded post and the creditor must have proof of posting to prove the service was effected. The bank breached the Law of Property Act twice by assigning an account to agencies viz Legal and Trade and Capquest without serving valid Notices of Assigment.

 

Pursuing a disputed account for which there is no properly executed agreement is harassment – the bank knew they were breaking the law when they did so. This harassment was particularly vicious under Capquest and the bank are responsible for that as Capquest were acting as the bank’s agents.

 

Costs of phone calls are not detailed on ordinary correspondence.

 

Much of your reply is in breach of the Consumer Protection Against Unfair Trading Regulations 2008 because it is misleading.

 

You have 2 weeks in which to bring this matter to a close. If I do not receive a satisfactory response in that time, I will make a formal complaint to the Financial Ombudsman Service and claim substantial compensation for the bank’s breaches of law, harassment and for the stress caused by all their unlawful activity on an account in dispute for which there is no properly executed credit agreement.

 

That was it - the end - they wrote it off.

[deepdebt]

Hi Pinky69,

 

Just like to say, NICE LOOKING LETTER!

[creditcardmug]

They have passed mine to moorcroft, iqor, and now rob way...wonder who will get it next:rolleyes:

[angel_1]

hiya pinky thanks for the letter

 

will use bit s of it to other creditors,,,lol

 

have a fun eve all angel x

 

oh lexis, you sent yours off now, pity maybe next one will be part of pinkys, they might even think they are being haunted lol

 

laters all

[lexis200]

hehe angel:D

 

Thanks Pinky, I'll certainly be cannibalising parts of that! I do love letters that are completely polite, but read in the tone that I would use to chastise my 6 year old:D:D

[Helmetfire]

I had a credit card with BOS - when asked for CCA they sent totally illegible application form. Stopped payments and numerous letters to BOS. They said they had complied with s.78(1) and passed it to next desk Blair Oliver Scot. I received many letters before action and they received many CPR requests back. Then passed to Moorcroft, EOS & IQor who all backed off when presented with the facts.

They have finally after 18 months written debt off but state they have done so because of my ill health - if they had gone to court I would have defended as the alleged agreement is totally illegible and an application form to boot.

 

Almost the exact same thing happened with my two accounts with them...they eventually wrote them both off earlier this month (a year after I CCA'd them) after complaining to the FOS (who were useless). BOS stated that the reason for writing off was that they agreed that they should not have passed my account to outside DCA's(three of them) while my CCA request had not been fulfilled by them:eek: If you ask me they just realised that there was no point in pursuing it any further.