Fred Bassett v Bank of Scotland/Blair Oliver Scott

[Fred Bassett]

Good Evening CAG friends.

 

I thought it was about time I took on the dreaded Blair Oliver Scott so tomorrow I'm going to send them a CCA letter regarding a Bank of Scotland Preference Account.

 

Now this is an interesting sort of Account. It's a kind of Credit Card/Current Account that I simply got given when I bought a car on finance about 8-9 years ago. I didn't ask for it and I don't ever remember signing anything in connection with it so I'm betting that there is no enforceable agreement. I hope not because I'd love to give this shower a metaphorical kick in the gonads.

 

Does anyone else have experience of this type of account?

 

Cheers.

 

Fred

[miss muppet]

Not that particular kind of account no, but my OH has 3 with them, we cca'd them and they are in default of the l2 + 2 days just counting down the 30 days now, although no agreement no payment after the 12 days. He had been on a DMP with them for about a year but never had a statement of any kind - decided to cca them after reading Michael Browne's excellent thread.

Good luck, let us know how it goes.

[Fred Bassett]

Not that particular kind of account no, but my OH has 3 with them, we cca'd them and they are in default of the l2 + 2 days just counting down the 30 days now, although no agreement no payment after the 12 days. He had been on a DMP with them for about a year but never had a statement of any kind - decided to cca them after reading Michael Browne's excellent thread.

Good luck, let us know how it goes.

 

Thanks Miss Muppet, I appreciate your help. I don't suppose you've got the link to Michael Browne's thread have you?

 

Cheers.

 

Fred

[rory32]

Hi Fred,

I came across someone with your type of account the other day in the DCA subforum. BOS were able to supply a copy of the agreement but you'll be pleased to know it was a bit of a dogs dinner (no pun intended) and didn't comply with the CCA1974.

So I'll imagine their slap dash format won't have changed any since you took out your account.

[Fred Bassett]

Hi Fred,

I came across someone with your type of account the other day in the DCA subforum. BOS were able to supply a copy of the agreement but you'll be pleased to know it was a bit of a dogs dinner (no pun intended) and didn't comply with the CCA1974.

So I'll imagine their slap dash format won't have changed any since you took out your account.

 

Thanks Rory, I'll check it out.

 

BTW, did you have a look at my new web site? CSLRWanchors - I'm sure you'll find it to your liking!

 

Regards.

 

Fred

[rory32]

Just had a look Fred.

 

All good stuff

[Fred Bassett]

Just had a reply from Blair Oliver and Scott which reads:

 

Dear Sir/Madam,

 

Account Number xxxxxxx

 

Thank you for your recent letter.

 

Please be advised that we have now requested a copy of the orginal (sic) account agreement and this will be forwarded to you as soon as possible.

 

We would also ask you to confirm if you are still dealing with the CCCS and why you do not acknowledge this debt when payments have been made to the account for some time for £xx.xx and most recently £1. (The £1 of course was the CCA request fee which they have wrongly used). We also note that we have had direct conversations with you in relation to this account and the payments being made to it.

 

We look forward to your response.

 

Thank you for your assistance.

 

Yours faithfully,

 

J Smyth,

Manager,

Litigation.

 

Anyone got any suggestions as to how I should respond to this?

 

Cheers.

 

Fred

[kennythecelt]

Hello Fred

 

At long last I meet a fellow preference account holder, have been trying to find one.

 

I think we were "preferred" because they could get more money out of us. Can't remember how I got it though and don't have any record/ agreement.

 

I paid mine off some time ago and had forgotten about it. Used to pay lots each month and the total never really cleared. You could make cash withdrawals on it as well, use the cheque book, etc. Interest was high.

 

The reason I remembered it was due to looking through old statements.

I know I will have had charges on it as there were difficulties at the time.

It is on my list but I have not done anything about it yet, but would like to.

 

If I can help please let me know.

[rory32]

Personally I wouldn't bother to reply. However, if you wish to:

 

Dear eejit,

 

Thank you for your correspondence dated xxxx. I am at a loss to understand why you wish me to confirm my reasons for not acknowledging this debt. I thought my previous correspondence on this matter, dated xxxx, was quite clear.

 

I have attached a copy of this letter for you reference and would request that this time you read it thoroughly. If you are still having difficulty understand the contents of the letter please seek legal advice.

 

Yours faithfully

 

Mr Fred Bassett

[Fred Bassett]

Personally I wouldn't bother to reply. However, if you wish to:

 

Dear eejit,

 

Thank you for your correspondence dated xxxx. I am at a loss to understand why you wish me to confirm my reasons for not acknowledging this debt. I thought my previous correspondence on this matter, dated xxxx, was quite clear.

 

I have attached a copy of this letter for you reference and would request that this time you read it thoroughly. If you are still having difficulty understand the contents of the letter please seek legal advice.

 

Yours faithfully

 

Mr Fred Bassett

 

Thanks Rory,

 

I wasn't sure whether to respond or not. That should wind them up nicely though, so I might just do that.

 

Cheers.

 

Fred

[Fred Bassett]

Well I'm in a frustrating position now - see my thread: CCCS Won't Stop Payments.

 

If anyone can help, please let me know.

 

Regards.

 

Fred

[Fred Bassett]

Evenin' all, what do you reckon to this statement regarding my CCA request from the wonderful Blair Oliver and Scott?:

 

"We would also ask you to confirm if you are still dealing with the CCCS and why you do not acknowledge this debt when repayments have been made to the account for some time for £nnn.nn and most recently £1.(the statutory fee). We also note that we have had direct conversations with you in relation to this account and the payments being made to it."

 

Needless to say, I haven't responded. Also needless to say, they haven't sent me the necessary paperwork even though my original letter was 6 months ago.

 

I know, I'm a bit slow in getting around to all of this, but I'm stuck in a DMP and the CCCS refuse to stop payments, so now I'm going to ditch the CCCS and go it alone. How would you respond to this portion of their letter if indeed you would respond?

 

God knows what I'm letting myself in for here.

 

Another question. If I stop paying these b********, can I still reclaim back bank charges?

 

Cheers.

 

Fred.

[Brassed off]

Hi Fred

 

It seems that good old BOS have used your statutory fee of £1 to make a payment to your account - a typical tactic I'm afraid;)

 

They have obviously received your CCA request as they have written to you.

 

I'm inclined to agree with ditching the CCCS and going it alone - after all, you have all your CAG mates to help you:)

 

I will ask a MOD to move your thread to the DCA Forum as I'm sure someone will have a nice letter to keep them at bay! They have received a formal CCA request and are just bluffing.

 

Bo

[rory32]

Thread moved to DCA Forum

[diskmandave]

Evenin' all, what do you reckon to this statement regarding my CCA request from the wonderful Blair Oliver and Scott?:

 

"We would also ask you to confirm if you are still dealing with the CCCS

None of their business IMHO.

 

and why you do not acknowledge this debt when repayments have been made to the account for some time for £nnn.nn and most recently £1.(the statutory fee).

Because you have not complied with my CCA request which is a legal obligation on your part.

 

We also note that we have had direct conversations with you in relation to this account and the payments being made to it."

So what?? Section 78(6)(a) of the CC Act now prevails.

 

Needless to say, I haven't responded. Also needless to say, they haven't sent me the necessary paperwork even though my original letter was 6 months ago.

 

I know, I'm a bit slow in getting around to all of this, but I'm stuck in a DMP and the CCCS refuse to stop payments, so now I'm going to ditch the CCCS and go it alone. How would you respond to this portion of their letter if indeed you would respond?

 

God knows what I'm letting myself in for here.

 

Another question. If I stop paying these b********, can I still reclaim back bank charges?

 

Cheers.

 

Fred.

 

Section 78(6)

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

Regards, Dave.

[rory32]

If you don't want to you don't have to respond to their letter. BOS are aware of their legal obligations.

[Fred Bassett]

Thanks to all for the replies.

 

I've written to the CCCS telling them that I want to cancel this DMP, so now I know that I have to take these creditors on. Some, like BOS, I am quite sure of, others less so.

 

I do appreciate the help of everyone on here and I'm certain to be asking for more.

 

Regards.

 

Fred

[diskmandave]

I do appreciate the help of everyone on here and I'm certain to be asking for more.

Next step then Fred....

 

Cancel SO/DD to the CCCS - It's a shame because they do such sterling work only to be let down by their inflexibility and often poor to non existent and sometimes poor & ignorant knowledge of Consumer Credit Law. (IMHO)

 

Can you say who your debts are to and how much (ball park) ?

 

Are there penaly charges to be reclaimed?

 

And finally, as i'm sure you've guessed... I'm going to tell you to CCA them all! You've been here long enough (nearly as long as me!) to know that already!!

 

On a stark reality note Fred... It's head out of the sand time...

That said, we're all here for you... Whatever... Whenever..!

 

Good luck & best wishes, Dave.

[Fred Bassett]

Next step then Fred....

 

Cancel SO/DD to the CCCS - It's a shame because they do such sterling work only to be let down by their inflexibility and often poor to non existent and sometimes poor & ignorant knowledge of Consumer Credit Law. (IMHO)

 

Can you say who your debts are to and how much (ball park) ?

 

Are there penaly charges to be reclaimed?

 

And finally, as i'm sure you've guessed... I'm going to tell you to CCA them all! You've been here long enough (nearly as long as me!) to know that already!!

 

On a stark reality note Fred... It's head out of the sand time...

That said, we're all here for you... Whatever... Whenever..!

 

Good luck & best wishes, Dave.

 

Dave,

 

I did post them all, but thought better of putting all of this information in one place. Do you mind if I pm you with the details?

 

Regards.

 

Fred

[diskmandave]

Dave,

I did post them all, but thought better of putting all of this information in one place. Do you mind if I pm you with the details?

 

Regards.

Fred

Fred, strictly speaking this is against forum rules.

 

On a personal note it's my advice to you to actually post what i've suggested previously in open forum and if you like in all the gory detail...!

 

Provided that there are no names and no company names mentioned we can give you the best advise possible, and for one i'll keep an eye open for your posts!

 

Good luck & best wishes..... Dave.

[Fred Bassett]

Dave,

 

Here we go:

 

I've CCA'd them all.

 

I have various debts totalling well over £60k. As you can see, I'm in the sh*t. The good news is that my sex life is now fantastic but it's costing me a bloody fortune in chandelier bolts.

 

Regards.

 

Fred

[sosumi]

Dave,

 

Here we go:

 

I've CCA'd them all.

 

As you can see, I'm in the sh*t. The good news is that my sex life is now fantastic but it's costing me a bloody fortune in chandelier bolts.

 

Regards.

 

Fred

Good for you Fred!! We'll be doing the same soon with those we haven't CCA'd yet.

Love the last line!! :D:D

[Newborn]

Well done on your sex life, chandelier bolts - the mind boggles. Do we need to start a thread on it??

Good luck!!

 

Newborn

[Fred Bassett]

Nah, it's the thread on the chandelier bolts that's causing the problem.

[Fred Bassett]

Update.

 

I stopped the CCCS plan and since December I haven't paid the creditors who I consider haven't got enforceable agreements. Blair Oliver & Scott have been trying to contact me. Umpteen calls on my mobile in the last 2 days which I didn't answer and 1 call to my wife today.

 

They rang again tonight, once on my home 'phone and once on my mobile and I answered both. I didn't answer their security questions and told them that I would only deal with them in writing. So far, they've been ultra polite but I don't expect that to last once they realise that I have absolutely no intention of paying them another penny.

 

Watch this space.

 

I seem to have 2 threads going on this one. Can they be merged? If so, how is it done? Here's the other one: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/94614-fred-bassett-bank-scotland.html