HBOS, Blair et al, Wescot - final payment help!

[edinburghbeerbucket]

Hi Folks,

 

I have been going back and forth with Bank of Scotland over various issues regarding a credit card I have with them for several years now. Blair Oliver and Scott have been involved at various stages, but thanks to requests for them to produce a deed of assignment, copy of the credit agreement, etc, and regular payments which I've sent to the bank directly, I have kept them at bay.

 

About a year ago, the bank and I finally reached an agreement, and I've been paying that. I just made my second last payment.

 

A few days ago, for the first time ever, I got a letter from Wescot. I've responded with the usual requests.

 

Here's the challenge: when I send my final payment to the bank, I need to ensure that this finishes everything. I don't want to find out in 6 months that the bank signed the debt over to Wescot, or that they somehow "have no record" of the agreement we reached.

 

I talked it over with a friend, and he said to send a postal order for the last payment, together with a letter saying that if they cash the postal order then the account is fully satisfied, etc. I like the idea, but then the bank could just turn around and say "we didn't get the letter". So I could send it recorded delivery, but then they could claim I just sent a blank sheet of paper or something.

 

Does anyone have any ideas how I can ENSURE that when they take this last payment I have a complete defense to any future claims to the debt?

 

Thanks in advance everyone!!

 

Edinburghbeerbucket.

[silverfox1961]

Hi,

sorry you were missed. Not surprising really looking at the time you posted:)

 

The immediate thought would be to get your friend to witness the letter you send I.E confirming it was put in the envelope and sent recorded delivery then if they say they never got it/blank paper, your friend can say otherwise.

I'm assuming you have a written agreement from the bank regarding the payments.

The bank may try to get away with "partial settlement" when you thought it was a full settlement.

In your letter I would get them to reply saying it is a F&F payment.

Here's hoping.

 

fox

[craigers]

I would only deal with Blair Oliver Scott ie Bank Of Scotland in disguise. Wescot were handling a BOS card of mine and we agreed a full and final settlement. A year later I get a letter from anoth DCA saying I owed the difference between the balance and the settlement. Nobody wanted to claim responsibility and eventually I got a letter from BOS offering a 60% reduction. I phoned them to say I'd made a F+F and they agreed to look into it. When I phoned up a fortnight later the account was closed. Moral of the story - Don't deal with Wescot when it comes to F+Fs!!

[edinburghbeerbucket]

Thanks for the input guys, I'm getting ready to mail the final check.

 

I got another letter from Wescot yesterday saying that they're going to file a county court claim against me if I don't pay-up by... December 25th! LOL. My strategy is to mail this last payment directly to Bank of Scotland, with a notarized letter saying:

 

- by accepting this final payment, they agree to close the account

- they agree that the account has not and will not be transferred to a debt collector

 

This way, with the letter, plus a copy of the cheque I send them, if Wescot *do* take me to court I can show that I have settled that account, and that they have no claim to the debt.

 

I have also notified Wescot in writing that they must not contact me under any circumstances unless they produce the original agreement, statements and deed of assignment, so if they DO take me to court I'm going to file a counterclaim for harrassment. Is this what other people do?

[edinburghbeerbucket]

OK, so I've been thinking about this for a while, and I think I have an idea.

 

All I have to do is link the cheque I send them and the letter I want to accompany it. I can do this in one of three ways:

 

1. Print the entire letter on the back of the cheque in really small writing.

 

2. Print the cheque on the letter in such a way that it can't just be torn off.

 

3. Write "only deposit this cheque if you accept the terms of my letter dated (date)"

 

1 and 2 are a bit crazy but there's no doubt the cheque and letter would ever be separated. I've heard banks sometimes charge a processing fee if you use anything other than the cheques they print for you - but I'd be happy to pay this for the peace of mind!

 

My fear with 1 is that I think the bank would have a reasonable defense in saying that it's not possible to read something that small and it was missed.

 

Does anyone have any other smart ideas?

[silverfox1961]

Morning,

I like your ideas but why not just link the cheque to the letter by putting the cheque number on the letter.

So long as you have that agreement with your bank in writing then wescot can do bu**er all.

If at a later date someone tries it on with you then you will be able to deal with them quite easily.

 

fox

[rory32]

I got another letter from Wescot yesterday saying that they're going to file a county court claim against me if I don't pay-up by... December 25th! LOL

Apart from the obvious fact that they can't lodge the claim, a county court claim would be legally incompetent as the court doesn't have jurisdiction. You should certainly make a complaint to the OFT about this letter.

 

3. Write "only deposit this cheque if you accept the terms of my letter dated (date)"

 

I don't see anything wrong with that in conjunction with silverfox's advice that the letter is witnessed with the cheque number on the letter. You may also wish to photocopy the letter with the cheque for your records.

[photoman]

I would simply call the bank, and request written confirmation of your arrangement.

Ask that they put in writing that the payment your about to make will be accepted as the full and final one, with no further action to be taken on their behalf provided you make the payment.

The ask for their account details, and make the payment by Direct Debit.

(If you do not have an account in credit that will enable you to do this, then give the cash to someone who can).

 

Then upon receipt of the letter, make the payment by direct debit and use their case reference number as reference.

 

Then, you will have a letter confirming the arrangement, and a bank statement that confirms the payment as having been made.

 

Any attempts to renege on the deal, claim further sums or claim that your payment was not received can be countered by evidence of the letter confirming the deal, and bank statements shoeing the payment as made.

 

PM

[edinburghbeerbucket]

Thanks for your advice, everyone! It is genuinely appreciated.

 

I like your idea, photoman, so I will try that first. If for some reason the bank won't send that letter, I'll go with the advice from silver/rory.

 

I'll let you know the outcome!!

[blueda]

Contact the bank by phone and arrange to make your final payment at your local bank, and get the final payment signed on document signed by witnesess.