Debt_mountain vs BOS

[debt_mountain]

Good news bad news time.

 

Bad news is the BOS are playing silly beggars with the S.A.R - (Subject Access Request) data. Only sent some statements on 1 current account, otherone not even mentioned along with 1 of my loan accounts. Will keep pushing them for the next 2 weeks until the 40 dyas are up. I would rather have the info so I can start claiming than have to chase them for not replying fully.

 

Good news is the loan agreement they sent has a "purpose for loan" in the application form of "to pay off overdraft" so this will be included in my papers as a consequence of the unlawful charges. Hopefully a further £4500 going on some other claims.

[lisamellor]

well you can send them a letter telling them how long they have left to comply with your dpa/sar request.

[debt_mountain]

Thanks, I have just written that letter pointing out they have just over 1 week to comply. I am lovin' this new found confidence this site has given.

 

The shoe (or gutty in Scotland) is well and truly on the other foot.

[JMio]

If they miss the 40 day dealine lodge a complaint against them with the Information Commissioner's Office. Things tend to move on a bit quicker after that...

[debt_mountain]

The 40 days has now passed and not all the info has been received so I am now going to send an LBA as I have read that the Information Commisioner route is currently lengthy due to the amount of claims so LBA it is.

 

I am just going to give them 7 days or its off to court.

 

I have used template 3 in the Library files.

[debt_mountain]

currently having fun with these guys. They have failed the 40 day limit, failed the 7 day addition and got a call from Customer services asking for another couple of days to investigate before I proceed. I gave them til Friday. 3 days extra.

 

they say the clock for the 40days doen't start til they receive the DSAR and they have not received it yet as there is no proof.....I gave here the recorded slip numbers. "Oh" she said.

 

Roll on Friday.

 

 

complete cock up by them.

[debt_mountain]

Well I sent my LBA off last week for 1 account (the one they had sent all the sataments for), the next day in the post they (a different department) made me an offer for 4 times the amount I was requesting. There was an acceptance form attached for me to sign and return.

 

I called them to try to understand what this was all about.

 

After investigating they said that this offer was for my second account, I asked "is that the account you have not yet sent me the statements for"? "Yes" was the reply.

 

I have today sent a fax for a part payment acceptance, accepting the offer in part payment for the second account but as they have failed the SAR and not supplied the statements I cannot accept this as F&F settlement (I would never do that anyway). I also informed them in the fax about the LBA they received last week and that if no offer was made on that account was received the N1 would be in the court on Monday next week.

 

today they called saying all the statements had been posted yesterday by speciial delivery and I would have them today.

 

Lets see what they were trying to hide by withholding the statements.

 

Sly old dogs that they are.

[debt_mountain]

When I got home the full set of statements were sitting on the door mat and once I had entered all the data into a spreadsheet it was obvious that the bank were trying a fast one. the charges added upto 3 times the amount offeres and even compound interest at 8% came to another 4 times their offer. So off goes my next fax to BAS/Halifax, again for a hugh amount of my unlawfully taken funds.

 

What a christmas we will be having.

[debt_mountain]

got a reply to my acceptance fo their part payment, but they have now chucked the toys out the pram and have taken my acceptance letter of the part payment along with my request for the full amount of charges (some 4 times their first offer - without me knowing what they owed me) as a rejection letter and withdrawn to initial offer. Oh dear Mr Judge may not look to kindly on that.

 

LBA ready to post when the prelim times out.

[debt_mountain]

Posted the N1 to my nearest English court along with the fee.

 

Claiming a reasonable 4 figure sum + authorised interest and loss of savings interest

 

Can anyone tell me the BOS process through the English courts? Do they generally pay up the day before the end of the 14 day acknowledgement period or do they file a defence or wait for the AQs to be filed?

 

I have searched but not yet got an answer.

 

thanks

[MARTIN3030]

Well if they follow their stablemates Halifax then it does not usually go to AQ.

They will acknowledge and state intention to defend.

a couple of days later they usually settle.

As always though I say be prepared ......its not 100% that they will follow the route as they have done.

[debt_mountain]

Well if they follow their stablemates Halifax then it does not usually go to AQ.

They will acknowledge and state intention to defend.

a couple of days later they usually settle.

As always though I say be prepared ......its not 100% that they will follow the route as they have done.

 

Thanks Martin3030, I have issued the papers on the HBOS head office so it should follow the Halifax timetable.

[debt_mountain]

Got another letter from HBOS yesterday. I nearly wept as I read it, I could hear the violins in the background. They said they had offered my 6 months worth of my charges back but I had rejected that (no, I actually accepted it as part payment, but HBOS took the huff and recinded the offer but it was also before they had sent me my statements so how would I know if it was a good deal). They go on saying there are charges for bounced items (well tell me what these charges are then!!) what a shame....

 

Guess this reply was before they were served with the N1 form then.

[debt_mountain]

Got a photo copy of the above letter again for my LBA stage, shame they havent realised that the N1 was issued on them on Friday.

 

Also got a reply to my prelim telling them to stop sharing my data without my permission. Lets see how that one goes.

[debt_mountain]

no transferred to a Halifax thread as I have prelim'd, LA'd and N1'd Halifax Customer Relations. Just waiting for them to acknowledge it.....

 

>£5000 6 years and contractual interest.

 

Debt Mountain vs Halifax (Bank of Scotland)