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Zaraphin

Bank of Scotland Overdraft

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Hi

WE had a Bank of Scotland Overdraft for many many years until this year when everything started to go downhill including my health.

 

Surprise Surprise BoS called in our overdraft at the time when we really really needed it, however after reading the forum it seems that is how they get their kicks in life....sad people.

 

Anyway they called in overdraft in Januar 2009 couldn't pay it so they defaulted us with a letter dated 20 February 2009 which we didn't received until 1st March 2009 (Copy of Default Notice) to be remedy giving us until 21st March 2009 to pay.

 

However, on the 9th March 2009 we received a letter dated 5th March 2009 stating that a default notice has been issued and we have failed to pay by the date shown on the notice (remembering the notice gave us until 21st March) as a result they terminated our account. (Copy od letter)

 

Can anyone tell me should this have happened, should they not have waited until rememdy date 21st March (as on default notice) before sending second letter just realised this after going through paper work this weekend.

 

We have arrange a payment plan with the bank for this overdraft now but was wondering what the legal position we have read quite a bit about default notices buit not quite sure how they work.

 

SW

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Hi

Just a wee bump.....to see if anybody can help with situation in post 1

Ta

SW

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Hiya,

 

ok the DN,

 

i think it's invalid sent thursday 5th march

2 days for posting if sent 1st class would be deemed as served Monday 9th march + 14 days = 23rd march

 

2 days shy of what is required and glad you have the termination notice as well as they have recinded

 

but on the DN are they asking for the full balance?

are there any charges on that?

 

 

you

sent


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Hiya,

 

ok the DN,

 

i think it's invalid sent thursday 5th march

2 days for posting if sent 1st class would be deemed as served Monday 9th march + 14 days = 23rd march

 

2 days shy of what is required and glad you have the termination notice as well as they have recinded

 

but on the DN are they asking for the full balance?

are there any charges on that?

 

 

you

sent

 

Hiya Ida

Ta for the reply the DN was not issued on the 5th March I have detailed dates below:

 

DN was dated 20th February - received 1st March - To be remedy 21st March for the full amount of overdraft.

 

Termination Notice was dated 5th March - Received 9th March - Sent because we had not remedy the DN dated 20/2/09 their letter stated remeday date 21st march.

 

Yes Ida it was for the full balance and no there is no charges on it, we think they called it in because we were struggling to pay our credit card.

 

Ta

SW

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Hi

Have manage to post up DN and Termination Letter for everyone to see it has taking me a good few months to get back on my feet due to illness and with the help of diddydicky, citizinB and others I have magange to get a bit more fight in me to tackle these b*****s once and for all.

 

Here's the letters for you to have a read at:

 

When Default Notice was sent they requested full amount of overdraft there was no arrears and overdraft was in its limit which always had been no charges on the account either.

 

Default Notice

 

 

Termination Letter

 

Cheers

Scott

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