BoS Credit Card - exhausted - need some input!

[edinburghbeerbucket]

Hey Guys,

 

I've posted about this before, but I think I was too lengthy in my explanation, so I promise to keep this as short as I can!

 

So, for various reasons related to customer service issues, Bank of Scotland offered to settle my credit card which had an outstanding balance of about 2300 pounds for 2000. They sent me a "settlement agreement".

 

I amended the agreement to 1600 and gave my reasons for this (they'd charged interest and fees on the original transaction at issue), signed it, and added the following conditions:

 

- they would mark my credit file as "fully satisfied"

- they would close the account

- it would be paid over 12 months in installments no less than 50 pounds, at intervals not exceeding 60 days

- by accepting the enclosed initial payment, they accepted the agreement

 

I enclosed an initial payment of 100 pounds by cheque.

 

I made all the payments to total 1600, and with the last payment I sent a letter saying "here's the last payment per our agreement, please close the account". I wrote on the back of the cheque "only deposit this if you agree that this is the final payment" (paraphrasing). I had hoped that was the end to it.

 

Wouldn't you know it, a month later I got a letter saying "we didn't get the initial agreement, but we're keeping the money you paid, and you still owe us the rest". "the rest" is almost 2000 pounds again.

 

I really feel like they're messing me around here, just trying to keep squeezing until something pops. They have since tried to use debt collectors to collect the ever-increasing balance, but I have successfully fended-off two debt collectors now to the point where they handed the debt back to BoS.

 

I am way past the end of my tether with them, so I filed a (very large!) complaint with the Financial Ombudsman Service.

 

Here's my question/concern: what if the FOS side with the bank? What do I do then?! What are people's opinions on the security of my "case"? Any advice on what else I could be doing? Should I just do nothing and leave it for the FOS to decide?

 

TIA, all!

[Guest Old_andrew2018]

Bump

[exasperated]

Hey Guys,

 

I've posted about this before, but I think I was too lengthy in my explanation, so I promise to keep this as short as I can!

 

So, for various reasons related to customer service issues, Bank of Scotland offered to settle my credit card which had an outstanding balance of about 2300 pounds for 2000. They sent me a "settlement agreement".

 

I amended the agreement to 1600 and gave my reasons for this (they'd charged interest and fees on the original transaction at issue), signed it, and added the following conditions:

 

- they would mark my credit file as "fully satisfied"

- they would close the account

- it would be paid over 12 months in installments no less than 50 pounds, at intervals not exceeding 60 days

- by accepting the enclosed initial payment, they accepted the agreement

 

I enclosed an initial payment of 100 pounds by cheque.

 

I made all the payments to total 1600, and with the last payment I sent a letter saying "here's the last payment per our agreement, please close the account". I wrote on the back of the cheque "only deposit this if you agree that this is the final payment" (paraphrasing). I had hoped that was the end to it.

 

Wouldn't you know it, a month later I got a letter saying "we didn't get the initial agreement, but we're keeping the money you paid, and you still owe us the rest". "the rest" is almost 2000 pounds again.

 

I really feel like they're messing me around here, just trying to keep squeezing until something pops. They have since tried to use debt collectors to collect the ever-increasing balance, but I have successfully fended-off two debt collectors now to the point where they handed the debt back to BoS.

 

I am way past the end of my tether with them, so I filed a (very large!) complaint with the Financial Ombudsman Service.

 

Here's my question/concern: what if the FOS side with the bank? What do I do then?! What are people's opinions on the security of my "case"? Any advice on what else I could be doing? Should I just do nothing and leave it for the FOS to decide?

 

TIA, all!

Did you ever get any written correspondence back from them acknowledging they had received your revised F&F.

Do you have a copy of either this or the original offer.

Exasp

[edinburghbeerbucket]

Did you ever get any written correspondence back from them acknowledging they had received your revised F&F.

Do you have a copy of either this or the original offer.

Exasp

 

Hi Exasp,

 

I never got anything specifically acknowledging the revised F&F, BUT as I said I did include a cheque as an initial payment and I have the records showing they deposited that cheque.

 

I do have copies of both the original and the revised F&F.

 

Any ideas?

 

Thanks,

 

EBB.

[noddyaccount]

Hi Exasp,

 

I never got anything specifically acknowledging the revised F&F, BUT as I said I did include a cheque as an initial payment and I have the records showing they deposited that cheque.

 

I do have copies of both the original and the revised F&F.

 

Any ideas?

 

Thanks,

 

EBB.

 

Do you have Proof of the link between the initial cheque and revised F&F . i.e photocopy in situ . ?

Have you seen any cca agreement re. this card ?

[edinburghbeerbucket]

Do you have Proof of the link between the initial cheque and revised F&F . i.e photocopy in situ . ?

Have you seen any cca agreement re. this card ?

 

Nothing definitive... I have a photocopy of the agreement with my signature on it, and I hand-wrote the cheque number on the front. I can also show that the dates line up.

 

I've not seen a CCA, no... And although I've never asked the bank for one, the account has been in the hands of two debt collectors, both of whom I CCA'd, neither of whom were able to produce.

[noddyaccount]

Nothing definitive... I have a photocopy of the agreement with my signature on it, and I hand-wrote the cheque number on the front. I can also show that the dates line up.

 

I've not seen a CCA, no... And although I've never asked the bank for one, the account has been in the hands of two debt collectors, both of whom I CCA'd, neither of whom were able to produce.

 

If you used the Standard template from this site , the Dca s should have been obliged to produce a CCa , therefore no need to ask the bank , although you could.

As you have not had a cca produced , well within your rights to stop paying them ,that should increase your negotiating position .

[exasperated]

Hi EBB,

Have you placed this account in dispute with the template letter from this site?

Exasp

Edited November 4, 2009 by exasperated