B o S Preference Account -Bank Account or Credit Card ?

[Zaraphin]

Hi

Regarding the Bank of Scotland Preference account I have read on here many different explanations but still not sure if its a classed as a Bank Account or Credit Card Account on my Experian Credit Report its listed as a Credit Card on some letters I receive they refere to it as a Credit Card however there is some letters that names it as a Overdraft Bank Acount.

 

However I CCA Blair Oliver Scott about a week ago and today I have received a copy of a CCA BUT it is not mine it is for someone completely different any ideas how I should approach this with BOS I am sure the other person would be very delighted to learn the fact that they have sent somebody else his CCA anyway they do refere to the short hand written note on the compliment slip attached to it that this is for me and as we are aware they do not need to send a signed agreement.

 

Well this is a signed CCA but not for me for someone else.

 

Any suggestions what I should do, I know firstly I shall need to contact them to tell them that this does not belong to me but would you try and contact the named person to let them know what BOS are doing.

 

DATA PROTECTION........who said there was data protection.

[IdaInFife]

i would send a stern letter to their data controlled about receiving private information about another customer and that you would be very concerned if they have sent your details to someone else.

 

i personally would make contact with the other person to mae them aware of what has happened

 

ida x

[Zaraphin]

Hi Ida

 

Many thanks for your reply Ida I have now contacted the owner of the CCA (or rather his family) by telephone and they are livid.

I cant believe this is happening such incompetence.

I really want to send a really stern letter but I am not very good at writting these sort of letters.

 

If anybody out can help me comply a stern letter to Blair Oliver Scott regarding this cock up I would be very grateful the sterner the better

no holds barred

Obviously my details are flying around out there now god knows who has them maybe another cagger.

Ta SW

[IdaInFife]

Dear xxxxxx,

 

I recently wrote to Blair, Oliver and Scott requesting a copy of any alleged agreement for account no. xxxxxxx

 

I received a reply on xx/xx/xx but was dumbfounded to receive and agreement between Bank of Scotand and Mr xxxxxxxx re account no. xxxxxxxx. I have now got the contact and financial details of another Bank of Scotland customer.

 

To say that I am astonished to the complete lack of privacy and care that BOS has taken would be understated. I am now very concerned that my details have been passed to another customer or too many other customers.

 

I will be sending this letter to the data controllers and complaints departments of Bank of Scotland and also to the Information Comissioner due to the serious nature of this clear breach of the Data Protection Act.

 

I await your reply on how you will resolve this serious issue and what measures you have taken to ensure that any of my personal and financial information have been retrieved for any other customers you have sent this too.

 

As this is a matter of urgency, I would expect written confimration of letter by return,

 

 

sent this to bank of scotland data controller:

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

 

 

 

 

and their complaints department

 

Bank of Scotland

PO Box 23581

Edinburgh

EH1 1WH

 

 

and go to the information commisioners website and make a complaint:

https://forms.ico.gov.uk/data-protection-complaint.aspx

 

ida x

[24233513afw]

Sorry couldn't help myself butting in letter is bloody FANTASTIC

Edited August 18, 2009 by 24233513afw

[Zaraphin]

Dear xxxxxx,

 

I recently wrote to Blair, Oliver and Scott requesting a copy of any alleged agreement for account no. xxxxxxx

 

I received a reply on xx/xx/xx but was dumbfounded to receive and agreement between Bank of Scotand and Mr xxxxxxxx re account no. xxxxxxxx. I have now got the contact and financial details of another Bank of Scotland customer.

 

To say that I am astonished to the complete lack of privacy and care that BOS has taken would be understated. I am now very concerned that my details have been passed to another customer or too many other customers.

 

I will be sending this letter to the data controllers and complaints departments of Bank of Scotland and also to the Information Comissioner due to the serious nature of this clear breach of the Data Protection Act.

 

I await your reply on how you will resolve this serious issue and what measures you have taken to ensure that any of my personal and financial information have been retrieved for any other customers you have sent this too.

 

As this is a matter of urgency, I would expect written confimration of letter by return,

 

 

sent this to bank of scotland data controller:

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

 

 

 

 

and their complaints department

 

Bank of Scotland

PO Box 23581

Edinburgh

EH1 1WH

 

 

and go to the information commisioners website and make a complaint:

https://forms.ico.gov.uk/data-protection-complaint.aspx

 

ida x

Hi Ida

Fantastic letter sorry about the first message I have another relative on here who praises you very much (but its true Iwe sat for ages trying to comply a letter then as if by magi your letter appeared you make it look so easy. I will get this away to them tomorrow and let you know outcome (think my other relative tried to butt in on us)

never mind as long as we can get a result, I was wondering what BoS might do or say or maybe they just ignore it hoping it shall go away.

WE did manage to contact the other person by phone and they are raging mad. (So hopefully theyy follow this up also I have sent them a copy by 1st Class post today as they have been waiting on this agreement for 2 months and now need it desperately.

[Zaraphin]

Hiya everyone

 

Long time since I posted on this thread, however was looking through the file I have on this account and found something that I am not quite sure adds up can anyone help.....

 

Received this default notice from Bank of Scotland for my Preference account it is dated 24th August 2009 I have marked it received 2nd September 2009 to be remedy 14th September 2009 dates do allow for the 14 days but I did not receive this until 2nd September which would only allow me 12 days to remedy (Not sure how to prove this.

 

Copy of Default Letter

Default Letter

I have also found a letter telling me they are terminating my agreement.

This was dated 11th September 2009 (remebering default notice was to be remedy by 14th September 2009.

 

Copy of termination letter

Termination Letter

 

Can somebody explain to me how they can terminate my agreement with a letter dated 11th September 2009 when Default Notice was to be remedy by 14th September 2009 (you never know I could have won the lottery within these 3 days and paid them everything....wishful thinking I can only dream.

 

Am I correct in thinking that something here does not add up or am I clutching at straws. They have Iqor on my back just now and they are getting very demandin and threatening.

 

Still not sure how this account is meant to be regulated as it states Credit Card on my Credit File, Overdraft on the default notice and letters from BOS.

 

Questions

1. Can they send a default notice out on 24/9/09 and expect me to get it next day and remedy by 14th September 02 when I did not receive DN until 2nd sept 09.

 

2. How can they terminate on 11th September 09 if default notice is to be remedy on 14th September 09.

 

3. After terminating this account on 11th September 09 they sent me a statement on 2nd Jan 10 increasing the balance by charging me more interest any idea what they are playing at.

 

Scott

[citizenB]

Hiya everyone

 

Long time since I posted on this thread, however was looking through the file I have on this account and found something that I am not quite sure adds up can anyone help.....

 

Received this default notice from Bank of Scotland for my Preference account it is dated 24th August 2009 I have marked it received 2nd September 2009 to be remedy 14th September 2009 dates do allow for the 14 days but I did not receive this until 2nd September which would only allow me 12 days to remedy (Not sure how to prove this.

 

Copy of Default Letter

Default Letter

 

I have also found a letter telling me they are terminating my agreement.

This was dated 11th September 2009 (remebering default notice was to be remedy by 14th September 2009.

 

Copy of termination letter

Termination Letter

 

Can somebody explain to me how they can terminate my agreement with a letter dated 11th September 2009 when Default Notice was to be remedy by 14th September 2009 (you never know I could have won the lottery within these 3 days and paid them everything....wishful thinking I can only dream.

 

Am I correct in thinking that something here does not add up or am I clutching at straws. They have Iqor on my back just now and they are getting very demandin and threatening.

 

Still not sure how this account is meant to be regulated as it states Credit Card on my Credit File, Overdraft on the default notice and letters from BOS.

 

Questions

1. Can they send a default notice out on 24/9/09 and expect me to get it next day and remedy by 14th September 02 when I did not receive DN until 2nd sept 09.

 

2. How can they terminate on 11th September 09 if default notice is to be remedy on 14th September 09.

 

3. After terminating this account on 11th September 09 they sent me a statement on 2nd Jan 10 increasing the balance by charging me more interest any idea what they are playing at.

 

Scott

 

Hi Scott,

 

Well in answer to Question 1: They probably do expect it .. but sadly for them it aint so and.... this is where having a calendar handy is useful.

 

24th August 2009 was a SUNDAY !!. the 25th August was Bank Holiday Monday, so for starters that DN would not have left their building until the Tuesday, 26th. I dont suppose you kept the envelope it came in ? In the absence of proof that they sent it anything other than by 2nd class mail then it is deemed delivered 4 working/business days after popping in the post. Sooooo it didnt go in the post until the 26th August , 4 working/business days after that would be Tuesday, 1st / Wednesday, 2nd September. So that fits in with the day that you received it.

 

They then go on to say they want you to remedy BEFORE the 14th September which IMHO leaves you just 11/12 days to remedy. Not enough.

 

But then, oh great joy and do keep that Termination letter very, very safe.. they go on and terminate your account a whole 3 days before the remedy date. I love it.

 

Can I suggest you contact diddydicky who will explain the process of recission of contract and what you will need to do next.

 

It is really interesting that they are managing to add interest to an account which in all reality no longer exists

[diddydicky]

have you paid them anything since 11 september 2009?

 

have you written to them since thenm||?| if so pls post up any letters and responses

[Zaraphin]

Hi diddydicky

 

Will look it all out tonight and let you know and will post up letters I have sent. Thanks for the speedy reply.

Cheers

Scott

[Zaraphin]

Hi Diddydicky

 

Don't know what I am thinking about.....head in the clouds with worry.

 

I don't need to look out anything as I have not paid them any monies or contacted them in any way, no letters or telephone calls, they do phone me about a dozen times a day but have been ignoring them for months.

 

 

The only contact I made was on the 9th August I requested the CCA which they sent me on 2nd September I can post this up if you want to see it.

 

Many thanks for your speedy reply it is mmuch appreciated.

Cheers

Scott

[Fred Bassett]

Hiya,

 

Bank of Scotland are in a mess with these accounts. You might want to take a look at this thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/231206-battle-continues-against-preference.html

 

They are actually taking somebody to court over this one but they've picked on somebody who is well aware that they are trying to have it both ways, i.e. claiming it is both a bank and a credit account.

 

Once you get a copy of your agreement it will be easier to make some kind of recommendation.

 

I haven't heard from BoS for yonks. I suspect that they are picking on a few people who they hope won't fight in the hope of winning a court case and then brow beating the rest of us into accepting that they are right.

 

No chance.

 

Regards.

 

Fred

[Zaraphin]

Hi Fred

I have a copy of the original agreement that they sent to me this was taking out along side a loan in 1997 and they still had the copy. It does state on it that it is an overdraft, however some of the letteres I have received from them have credit card account and some have overdraft it is registered with the Credit Reference Agency as a Credit Card they just can't make up their bloody mind.

I shall get a copy of the agreemnet posted up asap.

 

I am also awiting diddydicky getting back to me regarding the default notice and termination letter don't know what a lot of us would have done without this site there is a lot of amazing kind people like diddydicky and yourself helping people get a wee bit fight back in themselves as when you are down they(The Creditors) kick harder

Cheers

Scott

Edited February 23, 2010 by Zaraphin
spelling mistake

[Fred Bassett]

Hi Fred

I have a copy of the original agreement that they sent to me this was taking out along side a loan in 1997 and they still had the copy. It does state on it that it is an overdraft, however some of the letteres I have received from them have credit card account and some have overdraft it is registered with the Credit Reference Agency as a Credit Card they just can't make up their bloody mind.

I shall get a copy of the agreemnet posted up asap.

 

I am also awiting diddydicky getting back to me regarding the default notice and termination letter don't know what a lot of us would have done without this site there is a lot of amazing kind people like diddydicky and yourself helping people get a wee bit fight back in themselves as when you are down they(The Creditors) kick harder

Cheers

Scott

 

My suspicion is that they claimed it is a bank account for the purpose of getting bank charges claims stayed, but a credit card account for the purpose of trying to enforce it. They can't have their cake and eat it though. I suspect that your 'agreement' will be familiar to a few of us here, i.e. the bit for the loan contained references to the CCA, but not the bit for the Preference Account.

 

Regards.

 

Fred

[Zaraphin]

Hi Folks

This is what I received in reply to my request for the CCA for my Preference Accout:

 

Response Letter

Statement of Account

Copy of CCA

Terms & Conditions (Think they were on the back of agreement)

More Terms & Conditions

Page 1

Page 2

Page 3

Page 4

Page 5

 

Would be grateful for your comments regarding this CCA and default notice and Termination Letter.

 

Cheers

Scott

[diddydicky]

dear Sirs,

 

Re Your Ref -Account xxxxxxxxxxxxxx

 

I refer to my letter of 13 September 2009 in which i accepted your unlawful repudiation of the above alleged agreement.

 

I note that you have not as requested, supplied me with the exact amount of arrears truly outstanding (and not including unlawful charges made to the account) at the time of your unlawful termination of the agreement.

 

I beleive that i have a valid counterclaim against you but require the information referred to above in order to evaluate my position

 

 

Yours sincerley

 

 

XXX

[Zaraphin]

Hi diddydicky

Can you tell me do I send this letter to BOS or Iqor.

Also you state at the beginning of letter:

 

"I refer to my letter dated 13th September 2009 in which I accepted your unlawful repudiation of the above allege agreemnt".

ALso I think the arrears they were asking for in the default notice was correct - there again I might be wrong - meed to check that out.

Forgive my ignorance but I didn't send them any letters regarding this account.

 

It was the dates on the termination letter that were wrong and according to citzenB the default notice dates were wrong too.

 

Sorry for pestering you again my medication plays havoc with my brain and I maybe missing something and I don't want to make any mistakes especially when I don't really know what I am talking about.

 

Cheers

Scott

[diddydicky]

Hi diddydicky

Can you tell me do I send this letter to BOS or Iqor

 

. Whoever is dealing with it- if it is iqor then change text to refer to "your client" etc

Also you state at the beginning of letter:

 

"I refer to my letter dated 13th September 2009 in which I accepted your unlawful repudiation of the above allege agreemnt".

 

ALso I think the arrears they were asking for in the default notice was correct - there again I might be wrong - meed to check that out.

 

Ignore the DN- you are accepting the letter of termination - which was unlawful

Forgive my ignorance but I didn't send them any letters regarding this account.

 

 

really !!!!! | (why dont you double check your files )

 

It was the dates on the termination letter that were wrong and according to citzenB the default notice dates were wrong too.

 

Its not for you to point out to them WHY they have unlawfully terminated- just that they have (thats what they pay their lawyers for)

Sorry for pestering you again my medication plays havoc with my brain and I maybe missing something and I don't want to make any mistakes especially when I don't really know what I am talking about.

 

Cheers

Scott

[citizenB]

Well according to that first link it is a "Personal Loan" account.

[reallymadwoman]

Hiya,

 

Bank of Scotland are in a mess with these accounts. You might want to take a look at this thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/231206-battle-continues-against-preference.html

 

 

Could anyone who has one of these accounts and might be prepared to give a witness statement please look in on the above thread.

[Zaraphin]

Well according to that first link it is a "Personal Loan" account.

 

Hi citizenB

 

Hope I have managed to put this quote in - not too familar with this site yet.

 

How did you come to the conclusion that according to the first link (which was the response letter) its a personal loan - there was a personal loan taking out at the same time as this preference account.

 

Not doubting your word I just can't see where you get that from but I think what is wrong with me the worry sort of blinds you and you start thinking of all the bad things they could do us that are not as clued up as some of the CAgs on here - you are all a bunch of guardian angels

 

Enjoy the rest of your evening

Cheers

Scott

[IdaInFife]

cause it says personal loan on the first line and in bog bold above your sig says PLEASE SIGN FOR YOUR PERSONAL LOAN

 

ida x

[Zaraphin]

cause it says personal loan on the first line and in bog bold above your sig says PLEASE SIGN FOR YOUR PERSONAL LOAN

 

ida x

 

Hi Ida

 

I thought citizinB was referring to the first link which is "Response Letter"

I can see from the CCA what you are saying - they also state on the other half of the page - Preference account overdraft limit will be determined by us from time to time.

 

However on Credit File states Credit Card on letters I have received states Credit Card then other letters stating overdraft.

 

I wish they would make up their b****y minds. They are getting away with murder.

Cheers

Scott

[Zaraphin]

Morning all,

 

Many thanks diddydicky for all your advice and help up till now I would have been a total b*****t case by now if it wasn't for people like yourself taking the time to help people like me, I am sure everyone shall be in their debt to this site for god knows how long.......

 

Right down to facts...sent letter of to DCA as advised regarding the unlawful termination.

 

Trying to take one step at a time however I do have another thread going regarding my overdraft/current account which also has been unlawfully terminated by BoS (it seems to be that BoS have made major amount of mistakes regarding DN & Terminations.

 

Here is a link to my Overdraft thread please can someone take a look I have had advice from diddydicky but I haven't posted up the copies yet, will get round to doing that today.

 

Bank of Scotland Overdraft Account Thread

 

ONCE AGAIN MANY THANKS

Cheers

Scott

[citizenB]

Hi citizenB

 

How did you come to the conclusion that according to the first link (which was the response letter) its a personal loan - there was a personal loan taking out at the same time as this preference account.

 

Not doubting your word I just can't see where you get that from but I think what is wrong with me the worry sort of blinds you and you start thinking of all the bad things they could do us that are not as clued up as some of the CAgs on here - you are all a bunch of guardian angels

 

Enjoy the rest of your evening

Cheers

Scott

 

cause it says personal loan on the first line and in bog bold above your sig says PLEASE SIGN FOR YOUR PERSONAL LOAN

 

ida x

 

Hi Ida

 

I thought citizinB was referring to the first link which is "Response Letter"

I can see from the CCA what you are saying - they also state on the other half of the page - Preference account overdraft limit will be determined by us from time to time.

 

However on Credit File states Credit Card on letters I have received states Credit Card then other letters stating overdraft.

 

I wish they would make up their b****y minds. They are getting away with murder.

Cheers

Scott

 

Scott, my apologies.. I should have been a little clearer:(

 

The CCA Link

 

Copy of CCA

 

It states as Ida says, over on the left hand side.

 

This Personal Loan Agreement

 

I agree that they couldnt have made it more confusing for you to understand exactly what it is you have entered into.