Fred Bassett v Bank of Scotland/Blair Oliver Scott

[Fred Bassett]

Wow, i'd missed FDPMs thread. Probably explains why things are so quiet.

Let me know if they agree to 5%.

Thanks Jon

 

Will do. It won't be for a couple of months as a I have another one I want to sort out first, but I'll post up what happens.

 

Regards.

 

Fred

[tanqueray74]

Hi fred

I 've done nothing but read about you and been posting threads regarding my preference account - i seem to have acquired as a result of a loan i took out but unsure where to go from here ! Could you please take a look at my thread

 

Re: Preference Account Holder since i took a loan out !!! HELP!

[/url]

 

Hi thanks for replying !

An update since i've been unclear in my thread.

I have sent a Subject access request with a £10 cheque to Capital Bank and on the last day of the allowed 40 i receive communication , in the shape of a list of transactions from the start of the loan to the end of it and only one default ( NO default notice served ). But this isn't my issue, the Preference Account that derived from this account ! They say they hold no other information other than the loan ??? !!! This confuses !!

I still have had to use this card as a way to survive the rollercoaster, no realising the APR and the min payment only just covering the high interest- i have no recollection of signing for such card, and this account has stopped me obtaining credit due to the debit card facility at the cash point - but experian classing it as a credit account !! What can i do ? I'm on the sick waiting for a back operation, my stress levels and my money worries are not helping !

Would love some help ? Advice ? direction - Heads in shed !

How can i ask for help from Mr Bassett himself or Abbey or Site Advisors ?

heres my last post !!

Edited April 14, 2010 by citizenB
Included link to thread referenced.

[questioner]

I have posted up an example of one of these strange BOS split-page loan come preference account jobs on this link.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218250-bank-scot-questioner-no.html#post2954518

 

Post number 19

[Fred Bassett]

Just an update on this. My credit report in 2011 was marked for this account "closed in November 2011". Sure enough it has now dropped off the list. I don't suppose these means I've heard the last of it - BoS have probably sold it on. Has anyone else heard anything on their preference account recently?

 

Regards.

 

Fred

[reallymadwoman]

Not heard anything for at least 3 years and account is now very close to statute barred.

[Dorabell]

i aven,t heard a thing for a couple of years

[Fred Bassett]

I wonder if these have been sold on to somebody. I can't believe that they would simply just write them off without attempting to get some money back.

[citizenB]

I wonder if these have been sold on to somebody. I can't believe that they would simply just write them off without attempting to get some money back.

 

 

I am wondering (hoping) that they have recognised these are mostly duff accounts, some with mega charges and PPI that was neither requested or required.. and they have indeed written them off!

[Fred Bassett]

I am wondering (hoping) that they have recognised these are mostly duff accounts, some with mega charges and PPI that was neither requested or required.. and they have indeed written them off!

 

Fingers crossed you're right CitiB, but we still have to be vigilant. I think HBoS realised that BoS made a massive mistake with these cards. They did try it on with some Caggers, but they got seen off. Power to the people!

[jon888999]

I've not heard from them since I asked them whether there discount offer was an April fools joke! I had the same letter as post 262 dated 1st April 2009.

Mines gone from my credit report now as it was defaulted in November 2005.

[Fred Bassett]

I've not heard from them since I asked them whether there discount offer was an April fools joke! I had the same letter as post 262 dated 1st April 2009.

Mines gone from my credit report now as it was defaulted in November 2005.

 

That's exactly the same as mine, defaulted in 2005 and now off my credit report. However, I was making payments to this account through the CCCS early in 2008, so it's not stat. barred yet.

[babydoll0141917]

I too have not heard about mine for over a year now!! I did get the 40% off letter way back in 2009!! This card use to show up on my online backing showing what I owe!! Its gone from there ..not checked me Credit score in a long time tho!!

[jon888999]

That's exactly the same as mine, defaulted in 2005 and now off my credit report. However, I was making payments to this account through the CCCS early in 2008, so it's not stat. barred yet.

 

Hi Fred, My Last payment via

the idjits at Iqor was 1/10/08 I stopped after I CCA'D them and they provided a bit of toilet roll!

[jon888999]

Oh heres a copy of the letter I sent them:

Cut and pasted from another thread!

Dear Sirs

 

With reference to your letter dated 1st April 2009, which I can only assume to be Aprils fools joke. A copy is attached for your ease of reference. The contents of which are noted.

 

I must admit to bemused and concerned about your Frivolous demands for payment. This account is subject to a serious formal valid dispute and has been for some considerable time.

 

 

Clearly, the alleged debt is disputed. You have been provided with full details, but have failed to make any substantive effort to resolve the dispute. It should not be necessary to remind you that the Office of Fair Trading Guidance on debt collection is clear that failing to suspend collection activity whilst a dispute is unresolved is an Unfair practice. Your activity also appears to be contrary to ss.3(b) & 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

As you have failed to provide an enforceable Agreement, you are now in breach of OFT Collection Guidelines, and have also breached my s10 Data Protection Act request , My request for refund of Unlawful and unauthorised charges has also been ignored.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40.

 

 

I note your Frivolous threats to sell my account to a debt collection agency, under no circumstances are you permitted to transfer my account to any third party. If you transfer my account to any third party, this will be invalid & unlawful.

Immediate complaints will be made to all relevant regulatory bodies including. Trading Standards, OFT and the Data Commissioner.

I will also complain to My Local MP.

 

I will also advise any third party you assign or sell this account to, to seek redress from yourselves.

 

I have repeatedly requested a signed copy of the credit agreement, which complies with The CCA 1974, which you have not been able to produceand I do not recognise any liability to you or your legal right to pursue this alleged debt.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

Should I need to pursue court action there I am currently in discssions with a firm willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs.

 

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. This alleged account is subject to a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any information in respect of this account with any of the credit reference agencies.

You may not issue a default notice related to this account.

Consequentially any legal action you pursue will not not only be VIGOROUSLY defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

 

I trust this outlines the situation.

Yours Faithfully

[Abby25]

Mine was sold on ... had a chasing letter, replied stating unlawfully sold as still in dispute, and told them why i.e the cca provided contained no reference to regulation under the CCA74 - despite BOS confirming the account to be a credit card and regulated under the act.

 

As you would guess, no reply ... and nothing further recd to date ...

 

Abs

[cleo4patra]

long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

[Abby25]

blimey well done, thats a result and a half !!!!!

[citizenB]

long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

 

Cleo, this is fantastic news - do you have a thread of your own for this ?

 

Do not destroy that letter.. keep it safe for at least a couple of years

[hatesdebt]

long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

 

Hi Cleo,

 

Was there any particular letter / wording used that made them give this reply?

[tosh1]

Good result

[cleo4patra]

I had a thread but can't find it!! Just thought a post would be useful though - also very very important to keep all letters WITH envelopes which I have done.

[jon888999]

Hi, my preference account was stat barred in July. Got the first statement in 6 years on Saturday email Ce of Bos with Stat barred letter, got home today to find letter with £150 offer for the inconvienience and accepting stat barred.

Balance was over 15k!

[intend]

why post on these old threads??

[watts60]

why post on these old threads??

 

Well you just did.

[jon888999]

Because the original posters will be notified and it shows others not to give up.