sazz v BOS ***SETTLED IN FULL***

[sazz]

Result from Royal Bank, now for the Bank of Scotland...

3 accounts DPA letter requested for and 40 days notice. Also included a £10 postal order

 

I'm still obviously waiting on full statements etc but reckon in the region of £2500...

Keep you posted

[Bookworm]

Nice. And results trickling in, I see, even nicer

[sazz]

DPA letter received for 3 accounts today, so I will start 40 Days as of Tuesday. I think that's more than fair!

With regards to Equitable Escoppel, could someone shed any light on this? As mentioned in a previous post, the Bank of Scotland credited one account with £349 when it should've been £3.49. Obviously I spent the cash thinking it was my benefit or something but then Branch contacted me around 2 weeks later claiming Cashier Imput Error and to return the cash. I then had the cash debited out of a 2nd unrelated, unconnected current ac with them. This was without any warning, any authorisation or any correspondence. The money also happened to be most of my housing benefit for my rent, which obviously wasn't paid...

Anyways, I think that as I spent the money and changed my position as a result of their error, they have to stand the loss. Is this a correct interpretation?

Many thanks for any ideas or comments in advance :twisted:

[daniel_r_clarke]

I hope i'm not out of my depth saying this but i believe the money is Theirs. A couple of years ago, i bought something from Burtons and paid by switch. The money wasn't taken straight out of my account, and to cut a long story short, when the money was finally taken out of my account it pushed me overdrawn.

 

I queried the bank about this and they said they were well within their right to take their money for anything up to 6 years after the transaction. (Why is it always 6 years?)

 

Anyway my point is, as far as i am aware, any institution is allowed to take money after the transaction point for up to 6 years.

[Bookworm]

(Why is it always 6 years?)

 

Statute of Limitations = 6 years.

[BankFodder]

Statute of Limitations

The Limitation Act

[daniel_r_clarke]

So i was right? Good! I have finally given something back to the forum!

[sazz]

Reply to my DPA Request today...

 

'Dear Ms Sazz

 

Thank you for your letter requesting access to the personal information held about you regarding the quoted accounts. Plase find enclosed copies of the following 3 leaflets for your information:

 

'About You - Personal Information & Your Identity'.

'Credit Scoring - How we work out whether we can give you credit'

'Personal Customer Complaints - Here's what we'll do'

 

I have received your fee of £10 and confirm I'm currently processing your request and a copy of the information you are entitled to receive will be supplied to you as soon as possible, and certainly within the 40 days allowed by the Data Protection Act 1998.

Please note, HBoS is not obliged to supply records held in paper format as they do not form part of a relevant filing system.

Further details about the DPA, how personal data is defined your rights under the act are available on the Information Commissioner's website at http://www.informationcommissioner.gov.uk.

In the meantime, if you have any particular queries regarding your request, please don't hesitate to contact me.

Yours Sincerely,

J O'Donnell (Miss)

Data Protection Consultant

Retail Business Risk

 

NOT allowed to supply records held in paper format??? Nice to see the letter was signed by the actual signotary instead of being computer generated. If it helps, there's a direct line number on the letter -- 01422 332991 Fone or 01422 394512

[sazz]

Received letter dated 30th March regarding my query on my student account Account no 1). they are sorry for all the kerfuffle and have stopped a £28 charge going out at the end of the month, and she has also refunded £84 to my account. ( 5 days now but still no refund...) The usual blah blah not happy within 8 weeks the case is closed.

 

I telephoned the usual customer service number 08457 213141 and asked why I hadn't been refunded yet, it was agreed 5 days ago? She said it wasn't a refund as such because it wan't 'actual money, 'just a charge'. I said well that makes no sense anyways, plus the fact a refund means a refund. It would show on my statement and it doesn't. I then asked for the refund to be mailed to me via cheque.

She then put me on hold and then a manager took over the phone.

She said that the account had passed on to a debt collector on 1st April and she could'nt see anything about my account. It's not held on the system anymore. I replied that they had to keep all that sort of stuff for 6 years. She hummed and hawed n put me on hold whilst she spoke to HER manager. She came back on the phone and told me the same schpiel. I told her it wasn't personal, just sick of being intimidated by illegal banking practices

She told me to make an appointment with the branch which I will be doing and will speak to the manager. I'm also going to request a copy of the conversation with the manager at the call centre. The manager actually wished me good luck!

 

Anybody have any suggestions of what else I can suggest to the bank tomorrow?

[sazz]

So I went into the BOS branch my account's held with and asked to speak to branch manager regarding an unlaful & defamatory default on my Student account.

I was 'helped' by one of the advisors instead but took her thru my story about the default. I aslo mentioned to her I was waiting on info being sent from another branch using a DPA Request. (I didn't discuss the details though).

She telephoned Credit control & they confirmed the account was with them at collections. (no mention of default tho). I've to get a reply asap with reards to putting my student overdraft back on.

I queried the refud and stopped charge & she said it 'was a decision taken by Dogan to do this. I rplied 'to give me a wee bit of cash you stole in the first place so I' shut up?' to which she just kind of laughed n said she couldn't comment on that.

 

Basically still getting a run around for now, but more to add to my complaint to the IC and they do still have a wee bit of time left under the DPA before I can really do much about it. I'm going to go into the branch again tomorrow to ask some more questions...

Also my calls to telephone banking (08457 21 31 41) are now put on hold at the customer services end and then connected to Blair Scott & Oliver Debt Collectors... so much for customer service...

[sazz]

Just went into my Online Banking & they've cut my service access to their online banking system, plus the two telephone calls I've requested to be included in my disclosure request may not be available, as not all calls are recorded. If it's been recorded, the manager Scott, who is based at the Shandwick Place branch, said it'd be included, if it's not been recorded then no can do.

 

How do we actually know that there is no redording of the calls in question? I mean, fair enugh they have to comply to the request within 40 days, but how do we really know they've sent everything? Since it's clear that the banks are already working to their own laws ofthe land, what's to stop them fobbing off request for information that proves the banks are in the wrong about charges and they know it?

[sazz]

Prelim letter hand delivered to Branch Manager in Edinbra! Yay!!

 

I'm getting telephone calls at least 3 times every day (including yesterday, which was a SUNDAY!) from Bair Oliver & Scott Solicitors regarding the accounts that are CLEARLY in dispute.

 

I've asked them to cease all callas as I won't discuss banking matters on the phone, and also that as the accounts are in dispute, they shouldn't have any details. I was just told on the phone 5 minutes ago by one of their phone minions that that's not true...

 

Well, let's see when I report you for harassment even though I've asked for ALL correspondence in writing, plus the fact the accounts are at prelim letter stage. I also still haven't received a copy of my statements, or a copy of my signed contract, or a transcript of a call I rquested so they've also not complied with the DPA. I went into the branch and said this & was told they'd be ordered for me urgently, & sh'ed look into the transcript. That was roughly 2 weeks ago...

[sazz]

Do you have to name the Branch Manager on the summons, or do you just write Branch manager, address etc...? I only know her first name, & I'm getting all my forms and charges ready for tomorrow!

[jonni2bad]

Although the form does show "Bank Manager's name and address here" it will be fine to put the company name only.. i.e. Bank Of Scotland PLC - that type of thing.

 

On a seperate note, please try not to make several threads in relation to the same dispute, I felt me head starting to spin when I saw all your different threads -and I still can't work out what needs to be merged further!!!

 

Good luck

[sazz]

Many apologies, I promise not to do it again, Just other people were talking about it and thought I'd ask!

 

I'm off to sort out the last of my forms and stuff to go along to the court this morning, wish me luck!

[sazz]

Just so peeps don't get confused, the last few post regarding the name for the summons is actually about my RBS thread, I made a mess of my threads and Jonni had to sort it out... MEH! much apologies, I'm a dufus

 

BOS is still at prelim letter until tomorrow, then it's off with my lurvely badge curtesy (sp?) of Mechs wifey (I feel so rude, I don't know your name and yer blokey keeps calling you the wifey!), and my LBA to the main branch in Edinbra!!

 

Incidentally, I received a letter form Blair & pals on Friday stating they are about to commence court proceedings against me. The thing is they've been saying that for a year now...

[sazz]

I'm due to issue a small claims summons to BOS tomorrow, I'm just wondering if anyone has put a paragraph relating to removal of defaults? I have an account that is due charges of £332 with a default of £322.

 

The other account has a default of £1142 with charges of £258. This account is fair enough, but considering I've been having appointments with 'branch managers' trying to sort out the mess they caused in the first place to both accounts is unbelievable. I would be paying them something back every month, but I want to get my charges back first then make a repayment plan for this account.

 

Any thoughts on what to put on the particular of claim for the removal?

[jonni2bad]

There needs to be specific mention of the DPA in the claim....

 

"If a user is claiming money and also is claiming a breach of the data protection act -- nondisclosure or inaccurate data -- the claim (which must be made on an N1) must refer to the data protection act. It must refer by section to the duty which the user alleges that the bank has. It must then refer to the breach which the user alleges has taken place. It must then refer to the relief sought by the user and the relevant section number which creates the power to give the relief.

In any claim for anything you must always allege: --

The duty (the source of the duty)

The breach

The damage suffered

The relief sought"

 

I will try to resolve your specifics for you - if you don't see a reply here in the next day or so, then PM me and kick my ***.

[sazz]

No probs

[sazz]

Receied letter stating the charges are fair blah blah... Now, instead of offering me £123 as full & final, they've upped it to £299.

 

Just a pity that I'm due almost £600 & their LBA time ran oot on 5th June

[jonni2bad]

Will hopefully be getting the above resolved tonight.

 

Just out of curiosity, you have mentioned this in your initial letters haven't you?

[sazz]

I've stated in all correspondence, phone calls meetings and via psychic vibes to the branch & 'customer relations' that I require full payment of charges owed & removal of defaults.

 

Many thanks for all the help, I keep getting around 6 phone calls a day from the DCA's asking to speak to me regarding 'personal business'. I tried telling them about the disputes with both accounts & the fact BOS are going to have a summons from ME, but now I just say 'She's not available/alive/interested/painting the walls & watching them dry'...

 

I've also asked them to stop the harrassing phone calls & issue a summons or take me to jail as they've been threatening as I'd have a pretty strong counter claim etc, then funnily enough, they hang up!

[jonni2bad]

Hello again!

 

Spoke to BF today and we are going to have to read the DPA sections again to make sure we specify the exact breach etc.

 

We should hopefully get this resolved by Monday, but I will certainly update you asap.

 

Just so that you are fully aware, these actions (mine included) are going to be very new, and courts may not know how to deal with them yet, likewise the banks. It is likely that the court would try to move this to a higher level, but we need to be firm with them that this is not required. This might even mean putting your views to the Court Manager. Perhaps if my case has been dealt with soon, you could even refer to it.

 

You can also, if you wish, deal with the money separately to the default issue, but this would obviously require 2 actions rather than 1.

 

On the subject of telephone calls, write to them using this letter. Be prepared to follow up the 'threats' of action mentioned though....

 

****************************

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

NAME HERE

This should do the trick, but, if it doesn't, keep your cool and report them to the Office of Fair Trading and your local trading standards office. There is now a specific complaint form which you can download from the internet to make an official complaint and you can obtain it here:

http://www.oft.gov.uk/nr/rdonlyres/b3999175-a9bc-469d-ad5b-ba284de36e01/0/complaint.doc

 

PLEASE USE IT

 

Remember, keep your cool at all times, don't be intimidated by a piece of plastic, if you don't like what you're listening to, put the phone down - and remember the most important thing of all is to put and get things in writing at all times.

 

[sazz]

Hey

 

I sent off a letter very similar to the above letter to the banks and their minion debt wizards so hopefully that should put a stop to them. If not, I just managed to get my hands on a nice wee set of DECT phones for the house and will be signing up to caller ID etc tomorrow

[sazz]

Hey

 

I finally got a hold of my credit file this afternoon from Callcredit. After going through all three CRA files, it looks as though the 'default' they've filed is a default within the bank, not actually on my credit file (yet anyway!)

 

They sent me letters for both accounts quoting the default notification served under section 87(1) of the CCA 1974. I also have a phone trascript I asked for with my DPA in which the call centre 'adviser' told me accounts were both defaulted on 17th March 2006. I just assumed that since nothing showed on my Experian & Equifax that they must have registered it with Callcredit, but it seems they haven't.

 

Many apologies Jonni, I owe you a few pints for the amount of time you & others have put into for the wording for me. I may still need the particulars anyways as I'm now getting court action letters every other day from no less than 4 DCA for 2 accounts! I'm also a bit disappointed as the default removal may have pushed them into court, which I'd love!

 

As it's now just charges I'm dealing with, court summons will be handed into Edinbra Sheriff Court tomorrow