Help needed with the Bank of Scotland Default!

[swingtop]

Any help with the following would be welcome. In 1999 i opened a student account with the bank of scotland. To cut a long story short i asked them to change it to a graduate account in 2003, i forgot to give them the neccesary documents, i moved house and the account was passed to Wescot who added their own charges and the Bank of Scotland kept adding interest. I naively entered into an agreement with Wescot to pay £40 a month. I did this for a while, moved house again and did not continue with payments. I got a phone call a couple of months ago from Capquest saying they where handling the account. They said they wanted the whole balance cleared straight away i refused and agreed to pay £60 a month to buy a bit of time. They told me they found me through experian. Is there anything i can do about the charges etc that have been levied on my account? The cheques im paying to Capquest are payable to the Bank of Scotland with their ref number on the back. Im already in the process of getting charges refunded from the BOS and also trying to get the default notice removed. Thanks in advance

[BotB]

What does it say in the terms & conditions of the account about recovery of the cost of pursuing you for the debt in the event of default?

[Stopthethieves]

Interesting you write about capquest finding you through Experian.

 

I have a enquiry against me from Capquest although I haven't given them my explicit consent to check my file and I am interested to know if they have a right to do so.

 

 

Regards

[caledfwlch]

Interesting you write about capquest finding you through Experian.

 

I have a enquiry against me from Capquest although I haven't given them my explicit consent to check my file and I am interested to know if they have a right to do so.

 

 

Regards

 

I have been wondering the same to - surely no company has a right to look at your credit file unless you give them permission? and if the original account has been closed and the debt sold on, surely definatly not allowed to look?

 

Violation of Data protection?

[Stopthethieves]

Maybe not, if they purchase a debt, I am led to believe that they have all the rights and obligations under it. Therefore any outstanding agreement is assigned in it's entirety.

 

This would mean they do have the rights, the same as you probably consented to the original lender. If this is however the case then the company who purchased the debt should be responsible for ALL of the matters arising...including the supply of statements and the charges.

 

I have asked before and it is just because most original lenders provide the information and refunds anyway that it seems to have not really been answered.

 

I would really like to know the purchasing companies LEGAL rights and obligations.

 

Any help????

 

Regards

[caledfwlch]

but surely - anyone you have an account with, your bank say even while your in credit and on good terms cannot go into the CRA to search you without your permission? you usually agree for a credit check upon joining to acertain whether they want you or not, that does not give them the right to continually dip in?

 

Maybe not, if they purchase a debt, I am led to believe that they have all the rights and obligations under it. Therefore any outstanding agreement is assigned in it's entirety.

 

This would mean they do have the rights, the same as you probably consented to the original lender. If this is however the case then the company who purchased the debt should be responsible for ALL of the matters arising...including the supply of statements and the charges.

 

I have asked before and it is just because most original lenders provide the information and refunds anyway that it seems to have not really been answered.

 

I would really like to know the purchasing companies LEGAL rights and obligations.

 

Any help????

 

Regards

[Stopthethieves]

From the terms and conditions for an EGG card:

 

 

It would appear you are giving them that right.

 

Any further comments?

 

Regards

 

 

 

 

Egg Card credit agreement

 

 

 

 

 

 

 

21.4 We and other Group companies may disclose your Personal Information:

 

• to credit reference and fraud prevention agencies or registers. We will make searches of your details with credit reference and fraud prevention agencies when we consider your application. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We will also give details of how you manage your Account to credit reference agencies. (We do not use credit reference agencies in connection with applications for, or the management of, savings products.) The information that we give to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations. Organisations access and use the information recorded with fraud prevention agencies to prevent fraud and money laundering, for example when checking details on applications for credit and credit related or other facilities, managing credit and credit related accounts or facilities, recovering debt, checking details on proposals and claims for all types of insurance and checking details of job applicants and employees. You can ask us for details of the fraud prevention agencies we use and can find out more about how credit reference agencies use information in the Frequently Asked Questions section on New Egg Home. The fraud prevention agencies' records can also be accessed and used by organisations in other countries.
  
• to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your Personal Information strictly confidential;
  
• to Linked Suppliers to the extent that they need your Personal Information to provide additional benefits or services to you;
  
• to any bank, financial institution or company to whom we may assign or transfer our rights and/or duties under this Agreement;
  
• if we are required or permitted to do so by law

[caledfwlch]

yes, but once the account is sold on, the terms and conditions no longer apply.

 

the original creditor updating how you handle your account is not quite the same as a DCA purchasing your debt then using searches (which in themselves will negatively affect your rating as they show up) to hunt you down.

[Stopthethieves]

yes, but once the account is sold on, the terms and conditions no longer apply.

 

the original creditor updating how you handle your account is not quite the same as a DCA purchasing your debt then using searches (which in themselves will negatively affect your rating as they show up) to hunt you down.

 

to any bank, financial institution or company to whom we may assign or transfer our rights and/or duties under this Agreement

 

The above means Egg may ASSIGN or transfer the agreement and anything that is in it....this would give the purchaser the same rights and obligations as Egg had. These I believe may still be current since YOU STILL OWE MONEY

The enquiry would probably be listed as an UNRECORDED ENQUIRY, this would NOT affect your credit rating.

 

 

 

I do need clarification though....

 

 

Regards

[elsinore]

I think surlybonds would be interested in this one and would probably give you an authoritative answer.

 

Elsinore

[phunkeymonkeh]

They will not have performed a traditional credit search, their entry will show up as an Audit search i believe. Lenders do not see these searches.

[swingtop]

Because it was so long ago i cant remember the terms and conditions. I have asked for my charges to be paid back and also for the default notice to be removed but im wondering if i can recover costs added on by wescot and capquest. When i make payments to Capquest they always request cheques be made payable to the BOS which they call their client. I had a letter from the BOS the other day after sending in my first letter, which said there is someone looking into it and i will hear from them within two weeks

[swingtop]

Just an update on this. Capquest have been sent all the neccesary letters requesting proof of debt ownership etc as have the Bank of Scotland concerning the default etc. The time limit for these have all passed and i have yet to have a response from either. i am just wondering what to do next? The Bank Of Scotland have strangely taken the £1.00 statutory fee payment though so i am wondering what to do next?

[swingtop]

Is there anyone that can help me with this one because i have looked around the site and people are saying they have defaulted on the account etc. but i cant find anything that really tells me what the next stage is

 

Sorry to bump this but i really need some help dont know what to do next and im stuck!! Thanks

 

im stuck now guys dont know wht the next step is, would appreciate any help now as the time is up for these people!!!

[sarahpp]

They have committed a criminal (not a civil) offence and you can report them to their local Trading Standards Office (make sure you do it for both Westcot and Capquest if you have sent them both a request). You are also within your rights to write to them and tell them that you are reporting them, that they have no legal right to this debt and you require confirmation of this from them in writing.

[swingtop]

Thanks a lot. Its it their local trading standards office or is it my local office? Im having trouble with Wescott as they say they have no record of the account and the Bank of Scotland are yet to respond as well. I also requested past statements of account and that was over a month ago still no reply. Experian are on the case about the default notice and hopefully i will have success with that as i had one removed which was placed on my file by Vodafone

[swingtop]

I feel i am really stuck now!!! Asked for a copy of the original default placed in my Experian file in 2003, as per letter on this site. Deadlines all passed so i contacted experian who have stated that the Bank of Scotland said the data on my file is accurate and the customer should contact Capquest who are dealing with this account!!! Capquest nor the BOS can provide me with anything relaing to this account. Bank statements etc. and have recieved nothing. They cant prove the default was issued. Experian said they cant do anything, so im stuck! Can anyone help! Please!!!!!!!

Edited February 26, 2009 by swingtop

[alexifa]

Some questions first:

 

Is the default settled or is there money outstanding?

 

Did you send a CCA request, a SAR or just a letter asking for a copy?

[swingtop]

Hi. The BOS say there is £2000 still owed on the account. They say its an old current account and this is the overdraft. i made the request under the CCA and the fee i sent was cashed. I also requested and paid for past bank statements, again no reply. A request was also sent to Capquest, who lied and said that sent the documents out! But i know they haven't got them because i asked for them to be sent recorded delivery and they refused. I really want this default removed but i feel stuck. I have had success with Vodafone and Argos concerning defaults but im stuck now, Thanks!

[alexifa]

OK. so they have 12 days to comply with the CCA request which they have not done. I would now send a preliminary letter stating that you beleive the default is unwarranted and that you require them to substantiate it. Remind them that they have failed to comply with the CCA request. Give them 14 days to comply. Then send a LBA restating what you want and giving them 14 days before court action. After the 14 days issue court proceedings at county court asking for removal of the default under Section 14 of the Data Protection Act 1998.

[happyh]

re-help needed with bank of scotland default. swingtop,go to this link you will find a lot of really helpful stuff,(remove default notices on a credit file-we show you how. good luck happyh.

[swingtop]

sorry which link? I have had no problem with argos and vodafone. Bloody BOS! Thanks for your help.

[jonni2bad]

NO LINKS -

 

These companies will ask for a fee to remove something from your credit files - it won't happen and you'll be out of pocket.

 

If the default has been placed unfairly or unlawfully you can get it removed.

[swingtop]

Missread the last message thought happyh said follow this link, no matter. I have had co-operation with vodafone and argos without paying a fee. Guess three out of three would have been too much to ask. The forty calander days are up. A preliminary letter is this next step i think. Is the information commissioner a good route to go down? Does anyone know what powers they have?

[happyh]

jonni2bad would you be good enough and mailme adn let me know how i can contact you in private as i dont know how.