darling v bank of scotland (for himself)

[darling]

Here we go yet another one: DPA - SAR: sent today.

[closey]

Blimey Darling, you're busy!

 

Best of luck x

[darling]

Right this ones different, its Royal Bank of Scotland Equipment Finance. We financed a sunbed for our shop from these shysters. We owe them £2,127.09. Have had a request from Buchanan Clark & Wells Collection Agents for £9,105.84. (I have written to them and told them this a/c is in dispute). Must admit have had a few requests from company called Debt Enforcement Services before regarding this, but stupidly was ignoring it. Received this reply today.

I inquire in regards to your 'requesting a refund'. Have you requested this in writing to BOSEF? If so, have they responded in writing? A hold will be placed on your a/c for max 14 days from date of this letter. By which time you should have forwarded your payment proposals. Next bit says we are not able to access credit reference files etc. And are not in breach of DPA 1998.

To assist you with settleing this outstanding account we can accept £6 K as a one off payment to clear your debit.

 

How can a debt jump up £6,977.86 is that just interest etc. What the hell do I do now. HELP Please.

[hagenuk]

In the first instance, try to find out how the amount has increased so much, probably due to charges and punitive interest. If they do pursue you and attempt to take you to court then you could put in a counter claim for the charges and ask for the case to be stayed until they have provided you with the information you need to raise your counter claim.

 

This could be a good move for you as it will delay the court date by which you should have received the data pursuant to your DPA SAR or alternatively it may make them back off altogether if they feel they are going to be forced to reveal their costs in court in order to pursue you for these inflated arrears.

[hagenuk]

Darling, something like this.

 

Dear

Re:

I am in receipt of your letter of (date) and note the contents.

 

Clearly it was not my intention to renege on my loan repayments and by way of explanation I would like to point out that my company is privately funded and there have been a number of extenuating circumstances I have endured which have placed a colossal financial burden on me.

 

I am mindful, however, that your concern lies with the payment to your clients and I would like to assure you that at no time was there ever the intention to evade my financial responsibilities.

 

However, I am not in a position at this time to make a proposal to clear the arrears but I expect to be able to do so within the next 21 days whereupon I will be in touch again with my proposal. Should I be able to make a payment in the meantime, I will of course do so.

 

Furthermore I reserve the right to claim for unlawful charges debited to my account and the interest charged thereon and request that any action be stayed until (BOSEF) have provided me with the information I need in order raise my counter claim.

 

I trust that this is acceptable and as mentioned above I will be in touch again shortly