Blair Oliver and Scott/Bank of Scotland ** Compensation awarded by FOS **

[reallymadwoman]

It seems Bank of Scotland have finally noticed that the FOS complaint has been resolved, and I've had a request from their 'Legal Section' to contact them regarding a repayment plan.

 

That well known phrase regarding left-hand and right-hand immediately springs to mind. I think my reply may be rather sarcastic.

[bathgatebuyer]

Left hand /right hand......................a*se / elbow........................proverbial in a brewery.....................have all applied to this shower in my experience!

[reallymadwoman]

I've offered to send them copies of previous correspondence at £12 each.

 

What's good for the goose ....

 

 

Also noticed when typing the letter that the 'Legal Section' has exactly the same address as Blair, Oliver and Scott. Might this be an attempt to circumvent my absolute refusal to have anything more to do with this company?

[steven4064]

I've offered to send them copies of previous correspondence at £12 each.

I like it

 

What's good for the goose ....

 

 

Also noticed when typing the letter that the 'Legal Section' has exactly the same address as Blair, Oliver and Scott.

I think I've pointed out before - "Blair Oliver & Scott" -> BOS -> Bank of Scotland. Suspicious or what?

 

I don't think any of Messrs Blair, Oliver or Scott actually exist - I think this is a psuedo-legal partnership and is actually just a department of BOS. 2p.

[hisholinessthepope]

Blair Oliver Scott are Halifax Bank Of Scotland. I had a row with a member of Blair staff a few months back, she admitted that Halifax was on her payslip each month.

[babybear39]

I can categorically confirm thet B O & S are part of HBOS

[steven4064]

I can categorically confirm thet B O & S are part of HBOS

I never doubted it

[reallymadwoman]

I do wonder if Bank of Scotland have had so many complaints about Blair, Oliver and Scott that they've effectively 'rebranded' them as the 'Legal Section'.

[babybear39]

Probably...

[kel123]

The HBOS KIDS, Blair Oli and Scoty have told me that they are in no way conected to HBOS, They are not a subsidary, They are not a department of and that they only have contact through business. Are you telling me that they lied to me on the phone LOL:)

 

A gutted, confussed and bewildered old Hector

[steven4064]

The HBOS KIDS, Blair Oli and Scoty have told me that they are in no way conected to HBOS, They are not a subsidary,

[kel123]

Reallymad woman

 

My preference account ('Loan/credit card') - same cca as yours (my copy, they have not supplied one yet), has an APR of 17.8%, it is actully 18.8%. They use a +1 system which is against OFT

 

My halifax loan (they have supplied this one and it was returned as faulty) because of the same APR error.

 

OFT says

P1 + P2.....P60 = 60 payments

 

given 1 months free payment =

F/Payment + P1 + P2....P60 = 61 payments

 

They have clouded the issue by saying comencing 2 months from the date of agreement, which in it's self is correct but they have used the agreement date as a node i.e.

 

A/date + F/month + P1 + P2......P60 = 62 payments

 

and have workeed the APR's out on this

[steven4064]

Hi kel

 

Can you give me the loan amount and monthly payment figure and I'll run it through dualcalc (unless you have already)

[kel123]

Yes I already have but here is the agreement

[reallymadwoman]

I had real problems putting this in dualcalc and never did decide if the APR was correct or not, however it's probably irrelevant as there is another entirely fatal flaw relating to signatures with my agreement.

 

In the section under APR, shouldn't someone have put figures in for insurance payments?

[steven4064]

Thanks kel - you are (of course) absolutely correct, the APR is 18.8%.

 

The regulations allow for a certain error in the APR (which is a prescribed term )- it has to be within - 0.1% to +1% so anything between 18.7% and 19.8% would be OK. The value on your agreement is way out of that range and I would say it makes the agreement unenforceable.

 

Paragraph 1A of schedule 7 of the Consumer Credit (Agreements) Regulations says

For the purposes of these Regulations, it shall be sufficient compliance with the requirement to show the APR if there is included in the document--

(1) a rate which exceed the APR by not more than one; or

(2) a rate which falls short of the APR by not more than 0.1

[kel123]

Just to complete the set

 

I sent this back pointing out the errors of their ways. APR should read 14.6%

 

[steven4064]

Same again, way out of tolerance. Unenforceable IMO

[Having_A_Knightmare]

I though the APR alone is not a perscribed term.

 

Am I correct.

 

HAK

[steven4064]

For a loan there are 3 prescribed terms and all must be present (and correct)

 

Amount of loan

Repayment amount and number

APR

 

If any are missing or wrong, the agreement is unenforceable

[reallymadwoman]

Bank of Scotland obviously knew I wouldn't have very much to do today and have kindly provided some entertainment in the form of an identical letter to the last one. I couldn't be bothered to write a whole new letter, so I've just annotated the last one. And I'm sending it without a stamp, but marked 'payment enclosed' so they pay for it. Anyone think they might notice that I'm not intimidated by their threats any more?

 

 

XXXXX

 

 

XXXXX

 

 

XXXXX

 

 

XXXXX

 

 

 

XXXX, 2008 – this is the date I originally sent this letter, signed for in your offices on (next day). I am posting this copy on (10 days later).

 

 

Bank of Scotland

Collections and Recoveries

Legal Section

PO Box 66

Rosyth

Fife

KY11 2WG

 

Your reference XXXXXX

 

Re: Account numbers XXXXX, XXXXX, XXXXX

 

Your letter dated XXX is acknowledged, however either you have been severely misinformed by the Customer Relations Department, or the various departments within the Company simply do not communicate at all.

 

Please read this bit very, very carefully

 

My complaints regarding the above three accounts are most certainly not resolved, and I would refer you to previous correspondence. However, as you will no doubt be unable to locate any such correspondence, despite the fact that delivery has been confirmed by Royal Mail, I will provide a summary of the current situation below. If you would like copies of any of the correspondence, please forward a cheque to the value of £XX per letter, and I will be happy to oblige. My invoice for sending a copy of this letter is attached. Please settle promptly.

 

Account number XXXXXX

 

This account is now the subject of a further complaint, acknowledged by the Financial Ombudsman Service on XXXX, following the failure of Blair, Oliver and Scott Ltd (whom I note have the same address as Bank of Scotland’s Legal Section) to acknowledge or in any way respond to a complaint signed for on XXXXX at their offices by ‘XXXX’. No doubt you will be hearing from the FOS in due course. In fact, Mr XXX of the FOS tells me you’ve already had correspondence from him. He is waiting for a reply too. It is gratifying to note that it’s not just my correspondence that you ignore. However, if you really want to issue proceedings, don’t let me or the FOS stop you. Please feel free. In fact, I’ve been asking you to do so since (7 months ago).

 

Account number XXXXXX

 

A complaint regarding this account is being dealt with by Customer Relations under their reference XXXX. I believe that I made my position clear in my letter of XXXX, to which I have received no response. As the time limit for receipt of said response has long since expired, I now consider the matter closed, in accordance with the final paragraph of the aforementioned letter. Do you want a copy of this letter? If so, why not just ask for it? Or you could send me another demand for a telephone call, which I will take to be a request for a copy of my letter, at a fee of £XX.

 

Account number 4462800107176790

 

Again, a complaint regarding this account is being dealt with by Customer Relations under the reference quoted above. I also made my position regarding this account clear in my (separately sent) letter of XXX, and I am not prepared to enter into any further correspondence. Again, did you want a copy of the letter?

 

This bit is very, very important too. Read it carefully!

 

You may or may not be aware that my previous complaints against Bank of Scotland and Blair, Oliver and Scott Ltd were upheld by the FOS and substantial damages awarded. Should Bank of Scotland and/or their agents persist in sending further ill-informed and unnecessary correspondence, I will have no hesitation in making a further complaint and/or seeking legal redress. So that there can be no confusion, ill-informed includes stating that complaints have been resolved when they have not, unnecessary includes everything else. Either take me to court, or leave me alone. This is my final word. Unless it bears a court stamp, any further communication from Bank of Scotland, Blair Oliver and Scott Ltd and/or any other part of the HBOS group or their agents will prompt an immediate application for an injunction under s5 of the Protection from Harassment Act, 1997 together with damages at the court’s discretion.

 

[steven4064]

ill-informed includes stating that complaints have been resolved when they have not, unnecessary includes everything else

Love that bit

[bathgatebuyer]

I think that's pretty straight and to the point! HBoS / BOS or Retail Collections within that group do not communicate with any other part of the organisation. Even when I was in correspondence with their CExec's Office over bank charges, the Collections people were still chasing for money long after a settlement was agreed.

 

Good luck - don't let the barstewards grind you down!

[reallymadwoman]

Love that bit

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I didn't want to give them any leeway!

[babybear39]

Great letter RMW Keep fighting the ***** They'll eventually get the message