Bank of Scotland terminated without default notice and without claiming full balance, Blair, Oliver Scott DCA

[millymollymoo]

B****r that! If they have an agreement then the charges are an unlawful penalty. If they don't have an agreement/it's unenforceable then they shouldn't have added charges or interest, so they're getting away lightly if you only go for charges!

 

Technically, if they don't have an agreement then they've just given you a gift of the money because they want to, as there has never been anything signed to say you'll pay them back. Not an argument I'd be willing to try in court (although I think some are:eek:), but technically true nonetheless!

 

That's just my opinion though, and remember I have lost all morals that I did have a few months ago after being on the receiving end of the rubbish all these companies have thrown out.

 

Lexis:)

 

 

Yes same here Lexis. I was willing all along to pay, however now because of their underhand tactics and general abuse of the CCA and their blatant unfair practices. As well as their Failure despite 5 valid requests for the DN that was 'issued' to be sent. :-xDenying account was terminated, then it is, then claiming the full balance now without a further DN:rolleyes: {right we know why they couldnt issue another as the reinstatement is unlawful anyway] but you see waht im saying can't you.... :rolleyes:

 

Milly X

[angel_1]

hiya girls and boys

 

hope its not snowed too much your end of the woods lol

 

anyway back to business, morals?? did i hear you all say

 

yes lost it completly myself, and now with cag 's help and my friends like you all , and my own desire to learn as much as possible about my rights and the law - im moving forward in the right way

 

bullish tactics just reboost my tenacity even more to find the flaws they are trying to cover up

 

keep positive laters angel x

[underdog13]

Totally agree, Lexis and Angel - when the banks accquire some morals perhaps their customers will do likewise:rolleyes:

[cleo4patra]

B****r that! If they have an agreement then the charges are an unlawful penalty. If they don't have an agreement/it's unenforceable then they shouldn't have added charges or interest, so they're getting away lightly if you only go for charges!

 

Technically, if they don't have an agreement then they've just given you a gift of the money because they want to, as there has never been anything signed to say you'll pay them back. Not an argument I'd be willing to try in court (although I think some are:eek:), but technically true nonetheless!

 

That's just my opinion though, and remember I have lost all morals that I did have a few months ago after being on the receiving end of the rubbish all these companies have thrown out.

 

Lexis:)

Sorry! I said charges but I meant anything I can claim back - I am unsure of next thing to do - have received my SAR for Preference account, am waiting on SAR for bank of Scotland Mastercard (both terminated on dodgy DN's) haven't been paying so was unsure what can claim back? thanks cleo

[lexis200]

Right okay, see what you mean:)

 

Charges are I think the easy part as they are a well worn track and as the banks really don't want to go to court with these they should be a bit easier.

 

The next train of thought is that you can claim back interest paid throughout the life of the card, as them having no agreement/enforceable agreement means they have never had the right to claim interest. Essentially as I said before, they have gifted you the money, and it's their own fault for being dozy tw*ts and not getting their paperwork in order. If they had they could claim anything they wanted and you couldn't do much about it.

 

The most radical one is to claim back everything - all payments, interest and charges. The theory is the same; they did not ever have a binding contract, you have never signed anything that says you will pay this money back, and they have no right to ask you for it.

 

I think you need a serious amount of backbone to go for this one (someone is - possibly DaveFireWalker but don't quote me on it) as it will pretty much certainly end up in court, and there is no precedent to follow.

 

I reckon really it's up to you what you claim.

Charges - relatively easy and the most likely of the three to work

Interest and charges - damn sight harder and will require complete knowledge of the Acts and (most likely) the will to see it to court.

All of it - No idea! Probably hugely tricky, you'll need to know the Acts and the law inside out and back to front, and my guess would be you'll end up having to fight your corner.

 

Of course you could just go down the zeroing route and see where that takes you. Essentially, if you work out what you've paid v what you've spent, you'll most likely find you have paid more than you have taken out. This is a good argument to hit them with if they have diddly squat in the way of an agreement, as you can legitimately say that you have already paid the debt back, so seeing as they hold nothing legally binding on you they may as well zero the balance. Oh, and then go for charges once it's (hopefully, cross fingers etc etc) done:D

[millymollymoo]

Hiya all:)

 

Been busy checking my credit files tonight. Talk about a conflict. On Equifax it shows 6 in arrears [still processing] [account is showing under query ny checkmyfile though]

 

on Call credit it shows they have reinstated the account and marked it in December as OK!! with alovely green circle after 5 arrears that have miraculously DISappeared [now who paid it!!!] lol, seriously this is dropping them further and further in the s**t! as it shows their unlawfulness without my permission to reinstate.

 

They couldnt do abetter job if they tried.

 

by the way i have worked out that I spent 28K:eek: over 8 years!!! Paid back 30k:cool: and have charges without interest of £508. So what with everything I really think they should accept waht I requested to clear the balance.

 

MillY XXX

 

I have printed this info out as banker was right and the s.a.r info corresponds!!

[angel_1]

HIYA

 

yes this is my train of thought now once i get the sars info to do the format that BRW has send me on another of my threads, to check interest paid back, money spent and charges etc

 

and especially on the ones they have defaulted us on incorrectly

 

backbone and a gobby attitude ive got, its just gaining the knowledge to fight this successfully enough, but its something im leaning towards otherwise our files will be shot for the next 6 years and the banks credit companies know this and dont care as such,,,they dont believe anyone would take them to court over it,,,,

 

but hey we continue to self learn and ask the questions here and with time we can then make the right decision

 

take care laters angel x

[underdog13]

Hiya MMM,

 

I've been following your thread for a while now and waddayaknow - I have just received the exact same letter from Blairwitch that you posted up at the start of your thread - word for word and all the same mistakes. They never learn do they?

[cleo4patra]

Right okay, see what you mean:)

 

Charges are I think the easy part as they are a well worn track and as the banks really don't want to go to court with these they should be a bit easier.

 

The next train of thought is that you can claim back interest paid throughout the life of the card, as them having no agreement/enforceable agreement means they have never had the right to claim interest. Essentially as I said before, they have gifted you the money, and it's their own fault for being dozy tw*ts and not getting their paperwork in order. If they had they could claim anything they wanted and you couldn't do much about it.

 

The most radical one is to claim back everything - all payments, interest and charges. The theory is the same; they did not ever have a binding contract, you have never signed anything that says you will pay this money back, and they have no right to ask you for it.

 

I think you need a serious amount of backbone to go for this one (someone is - possibly DaveFireWalker but don't quote me on it) as it will pretty much certainly end up in court, and there is no precedent to follow.

 

I reckon really it's up to you what you claim.

Charges - relatively easy and the most likely of the three to work

Interest and charges - damn sight harder and will require complete knowledge of the Acts and (most likely) the will to see it to court.

All of it - No idea! Probably hugely tricky, you'll need to know the Acts and the law inside out and back to front, and my guess would be you'll end up having to fight your corner.

 

Of course you could just go down the zeroing route and see where that takes you. Essentially, if you work out what you've paid v what you've spent, you'll most likely find you have paid more than you have taken out. This is a good argument to hit them with if they have diddly squat in the way of an agreement, as you can legitimately say that you have already paid the debt back, so seeing as they hold nothing legally binding on you they may as well zero the balance. Oh, and then go for charges once it's (hopefully, cross fingers etc etc) done:D

Thanks for the fab reply!! Where does that stand with just owing arrears because they terminated on dodgy DN's??

[millymollymoo]

Hiya MMM,

 

I've been following your thread for a while now and waddayaknow - I have just received the exact same letter from Blairwitch that you posted up at the start of your thread - word for word and all the same mistakes. They never learn do they?

Hiya UD!

 

No they don';t :pand its hard luck on them as the letter clearly says terminated and that the legal sum claimed is just the small amount. Cannot undo that letter now can they:D

 

 

Milly XXX

[millymollymoo]

phone log:

 

9th feb;

8.08AM

8.38AM

5.09PM

5.40PM

7.33PM

8.03pm

 

10th feb:

8.07am

8.38am

5.02pm

5.35pm

6.58pm

7.29pm

 

WHAT none so far today!!!!!!!!!!!

[millymollymoo]

HIYA

 

yes this is my train of thought now once i get the sars info to do the format that BRW has send me on another of my threads, to check interest paid back, money spent and charges etc

 

and especially on the ones they have defaulted us on incorrectly

 

backbone and a gobby attitude ive got, its just gaining the knowledge to fight this successfully enough, but its something im leaning towards otherwise our files will be shot for the next 6 years and the banks credit companies know this and dont care as such,,,they dont believe anyone would take them to court over it,,,,

 

but hey we continue to self learn and ask the questions here and with time we can then make the right decision

 

take care laters angel x

 

 

Hiya angel:)

 

yes but I have proof now that they also recreated the credit agreement which I posted on this thread earlier. It is NOTHING like the one that was alledgedly signed. oh dear..how naughty of them:roll: as you know it has to be atrue copy of the original. Your s.a.r will produce it if they hold anything and in my case I now know why they did not want to send that one:p

 

RBS are the same and there is proof on CAG on a paulwltn thread that they were doing this.

 

I did laugh yesterday when I watched the news and my two favourite banks HBOS and RBS ex- chief execs were being questioning about their FAILURES!

 

i got told by checkmyfile thjis yesterday concerning BOS reinstating my account unlawfully and what they would do if it was true:

 

Hi MMM

 

Thanks for your message.

 

If the lenders have not been forthcoming in rectifying the situation the best thing to do would be to raise a dispute directly with the agency. The lenders will then have to verify the validity of the entry and if as seems likely they are unable to do so Callcredit will remove the information from your report. The best way to contact Callcredit is by email at [email protected]

 

Regards

 

Alex

checkmyfile

 

 

Now how are they going to say to the CRA that there entry on my file is valid???

 

 

P.S am doing the same with XXX as termination date is incorrect and XXXXbecause of the recreated agreement where they added my CURRENT address and someone elses ACCOUNT number on the 2nd page when they attempted to pass it off as the TRUE ORIGINAL [minus sigs as never had a agreement]. It would have been better if next left the agreement blank and not tried to personalise it to try and fool me.

 

Milly XX

Edited February 12, 2009 by millymollymoo
names omitted

[underdog13]

Hiya UD!

 

No they don';t :pand its hard luck on them as the letter clearly says terminated and that the legal sum claimed is just the small amount. Cannot undo that letter now can they:D

 

 

Milly XXX

 

No they can't undo that letter - but they're so dozy they'll probably try;)

 

I'ts shocking how many of your 'agreements' have been faked, sorry, 're-created' - have you raised the issue of fraud with them?

[millymollymoo]

Hi UD!

 

Yep the classic in my case is unlawful reinstating cos they forgot 2 get the computer to generate the DN:rolleyes: as shown and so severly c**king up since that they are all of a tizzy - ha!!!!

 

I am biding my time regarding the dodgy recreated agreements as this I will use to my favour- nudge nudge ;)!

 

Milly XXX

[underdog13]

Ah, bankers in a tizzy - one of my favourite sights;) Wonder what state they'll be in when you do hit them with the proof of their dodgy recreated agreements?

[angel_1]

hahahh

 

so much good news it gladdens my heart

 

maybe you might even send it direct to our Pm who made the lovely man who squiremed yest his advisor or whatever title he had, something to do with the fsa too ,,sorry fuzzy head today

 

its scary that a lot of yours are being made to look like something that isnt,,,,

 

yes awaiting my sars too now await with eagerness,

 

thank you for your moral info and to everyone who posts here you have all made me laugh today and i really needed that

 

:lol::lol:

 

laters angel x

[cleo4patra]

Received a letter from Bank of Scotland (Mastercard) today saying they may send a "third party agent" to visit at our home. Anyone else had one of these - this is the one which has been terminated with dodgy DN - and sent notice of legal proceedings for a few hundred pounds (arrears only?)

 

any ideas for a response please thanks cleo

[millymollymoo]

I have had mentioned in my last letter sending an agent round my home. I havent bothered to do anything as they are a bunch of twa*ts and Id just tell em to p*ss of or I'll call the police. You can send the doorstop caller harrassment letter. I havent got it to hand but will have a look.

 

Don't worry hun XXX

 

Milly

[cleo4patra]

I have had mentioned in my last letter sending an agent round my home. I havent bothered to do anything as they are a bunch of twa*ts and Id just tell em to p*ss of or I'll call the police. You can send the doorstop caller harrassment letter. I havent got it to hand but will have a look.

 

Don't worry hun XXX

 

Milly

Thanks Millymollymoo - I have copied and pasted it into a letter basically saying they have terminated the agreement and added the doorstep bit on the end - had no phone calls at all - keep in touch

[underdog13]

Received a letter from Bank of Scotland (Mastercard) today saying they may send a "third party agent" to visit at our home. Anyone else had one of these - this is the one which has been terminated with dodgy DN - and sent notice of legal proceedings for a few hundred pounds (arrears only?)

 

any ideas for a response please thanks cleo

 

Yep, had exactly the same - sent the tort of trespass letter. Also had the account terminated, didn't receive a DN, threat of legal proceedings and they are only chasing the arrears; and all on the back of an illegible agreement8-)

[lexis200]

I have had mentioned in my last letter sending an agent round my home. I havent bothered to do anything as they are a bunch of twa*ts and Id just tell em to p*ss of or I'll call the police.

 

Don't hold back MMM, tell us what you really think:lol::lol:

[millymollymoo]

lexis!

 

Well they must of seen I was missing them as heres the bombardment of calls yesterday:

 

8.10am

8.41am

then they went nuts!!!!

 

5.12pm

5.42pm

6.54pm

7.25pm

8.06pm

8.37pm

 

I must be getting to them:D!

 

milly XXXXXXx

[angel_1]

hiya guys

 

ive had that letter too and not yet responded, so i feel i now must

 

will attempt a letter later thanks

 

oh by the way im really going to see if my hubby will buy us the truecall this month, i dont hear the calls at present so the house is so peaceful:-D

 

but truecall will really screw them up when they have to say who they are and then i can ZAP them lol mak71 has a thread and its soo funny seeing them calling and being zapped,,,lol

 

i think it will finally be payback time dont you think such huge satisfaction they are not actually even disturbing me any more

 

anyway keep up the good work guys

 

laters angel x8)

[underdog13]

I got the 'our agent will call on you letter' - I sent the tort of trespass letter to the agent company CLS or CSL, whatever they're called; it caused them to throw a major hissy fit. They had a go at HBOS, who sent me a grovelling apology and back tracked:D

 

Sweet, sweet revenge - my favourite dish.

[cleo4patra]

lexis!

 

Well they must of seen I was missing them as heres the bombardment of calls yesterday:

 

8.10am

8.41am

then they went nuts!!!!

 

5.12pm

5.42pm

6.54pm

7.25pm

8.06pm

8.37pm

 

I must be getting to them:D!

 

milly XXXXXXx

hi MMM - notice half an hour between calls!! I sent them telephone harrassment letter - and received a reply within two day!! "With the sincere hope of reaching a mutually agreeable way forward - held all calls and correspondence for FOUR WEEKS!!