Michael v Bank of Scotland/Halifax

[mikieboy70]

Hello my names Michael, I think this site is fantastic and I have learnt a lot from it but I’m a bit stuck with my situation and would be really grateful for any advice you good people could give me.

Michael v Bank of Scotland/Halifax

 

I opened my BoS credit card account in 1997

I had a messy divorced in the early 2000s and was left with over £20,000 debt.

I defaulted on the account and went onto a repayment plan.

Around 2005 I got the balance to around £2000 and asked if I could have another card which they sent out to me and 3 years (and many credit limit increases) later I stupidly got in debt again.

I started paying £35 a month and they were happy enough with that.

In Dec 2009 I requested my Consumer Credit Agreement and received a copy of my application form and a reconstituted version of my credit agreement.

I requested my SAR, sent a reminder, letter before action and reported them to the ICO and received no paperwork at all from Bos.

I was paying £35 a month but I stopped paying in May 2010 and haven’t received any letters from Bos asking why.

I received a letter a couple of days ago from BoS saying although they haven’t changed their charging policy, to resolve this complaint they are will to refund the remaining balance of the charges £193.56.

They have also sent a credit card statement with £3,762

They go on to say that although the account is now closed the outstanding balance is with collections and the money will go to reduce the amount owed.

I send all my correspondence recorded delivery and keep copies of everything.

I would really like to get the debt removed from my credit file as it’s the only bad thing on there.

I have asked Experian to remove it but they haven’t yet.

I am unsure of how to proceed and would love to hear from you guys

Thanks Michael

[MARTIN3030]

Have you got statements for the £3762 outstanding ?

If so you need to get copies of them,since there is a strong possibility that there will be charges and interest on those charges as forming part of this.

Did the ICO uphold against BOS?

[mikieboy70]

Hello Martin, Thanks for replying

 

I only have the one statement that BoS sent me a couple of days ago which shows £3,762.68.

I had had been paying £35 a month for around 1 and a half years and in that time they have frozen the interest (I stopped paying this in may which was when the 40 day had ran out)

 

I had not heard from the ICO so I rang them and they gave me my reference number and told me someone would look at my case but I havent actually heard anything since.

 

I'm really unsure what my next step would be

[MARTIN3030]

You say that they agreed to refund charges of £193.56 which they have used in partial set off towards alleged arrears.

So did you request a refund of charges ?

Banks are of course still refunding charges taken from card accounts-although in most cases only £12.00 per charge.

I would think that most of your charges were before late 2006/2007 so before the OFT announced that £12 was deemed acceptable.Its likely that your charges would have been £28-£35 per default.

 

What you need to do is to get copy statements to show how the figure of £3762 .68 is calculated.

You should also get copies of the payments made.

The copy statements are available under a SAR with the fee of £10.

These should also be showing any payments that you have made.

It is difficult for you to deny any liability to any debt here since you WAS paying £35 per month.

If you are challenging the arrears on account of the fact that you do not agree with the existing balance,then you need these statements.

 

When you sent the SAR to BOS did you include the fee ?

How was it sent ?

Did you specify what you wanted ?

How long ago did you send it ?

 

If BOS did not comply,then you need to send a letter demanding they comply-this is available in the CAG library.

 

The ICO would want to see any response in writing from BOS,and copies of letters from you,if they are to look at your complaint.

 

I assume that you stopped the payments of £35 because they did not comply with your request under the CCA ?

[mikieboy70]

Martin,

Thank you for you reply

 

I started the SAR in May 2010 and used the templates from money saving expert site, giving Bank of Scotland the allowed time to respond.

every letter was send recorded delivery and I have all the signatures.

Because I did not know how much money I should have claimed I sent the standard SAR request, Reminder and Letter before action.

I opted for claim unknown amount ;/

 

You are correct, Bank of Scotland did not respond to my SAR request.

I have received the letter from them a couple of days ago stating they would refund the £193.35 but I think this is a responce from my query with experian when I asked to have the default removed from my credit file.

Thanks again for your help

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.