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

[reallymadwoman]

can i suggest calling your local friendly stockbroker, and buying a single share of the OC's bank, and then writing to their cheif executive informing him you intend to ask some questions in the AGM.

 

What a glorious idea! Shame I didn't get one when the price fell so much! And what a wonderful use for the money they gave me! I can't think of anything more appropriate. Now how exactly does one go about buying shares? I don't think we have any stockbrokers around here.

[reallymadwoman]

I believe we ought to start a share buying scheme. Just imagine if everyone in the Blair fan club bought a share and turned up at the AGM with a list of questions ....

[reallymadwoman]

I have an appointment tomorrow with a solicitor, recommended by a family member who is a family law solicitor, for some initial advice re prospects of success and wording for an injunction application. This is no reflection on the help I've had on the forum, especially from Steven, but just a bit of insurance because I'm still worried about the implications for costs. On the face of it I can't lose, but if the judge has had a bad day, who knows?

 

Well I'm back and there's good news and bad news - isn't there always?

 

I turned up with my barbie pink file and gave a brief outline of my sorry tale. Solicitor was very interested in the FOS decision - he said with that he couldn't see that Bank of Scotland had any defence if they wrote to me again, however the recent correspondence has only been from Blair, Apex and EOS. Whilst he agreed that perhaps BOS shouldn't have been passing the files around, he thought it would make the case more difficult to prove. He suggested that I will only want to do this once, so I had better make my case watertight against BOS and Blair, and to do that I need to first follow through with the complaints I've already submitted. Once each complaint has either been acknowledged or gone to the FOS, been allocated and had some contact with Blair, then if they write to me again I could practically guarantee success with the injunction against both companies. He even said at that stage he would be happy to submit the legal help forms on the grounds that he thought I would have a reasonable chance of success.

 

So a bit more waiting, but 1 complaint has been acknowledged already, 1 will be off to the FOS by Monday, and the 8 weeks will be up for the other two by the end of the month. I realise it may take some time for the FOS to allocate each complaint, but I still think we're looking at 3-6 months maximum before I could start the process. If anyone ever writes to me again, that is. Nothing for a whole week! I'm starting to wonder if there's a postal strike in Rosyth! Or perhaps the threatomatic machine has broken down.

[reallymadwoman]

I can't remember if I made it clear that BOS and Blair are the same company, and I certainly didn't realise that Blair don't have a consumer credit licence - I was going to try and get it taken away!

 

I'll email him the above info and see if it changes his opinion. I still need Blair to send me some more letters though. Where are they when you really need them? This is most unfair!

[reallymadwoman]

Does any one know what a 'non-trading' company actually means?

[reallymadwoman]

I have received responses to two of my complaints this morning. I've started a new thread for the first here :-http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137462-bank-scotland-blair-oliver.html#post1458341 or I'm going to get confused. I think this thread is better used for 'general' measures rather than in relation to a specific account.

 

The other thread I started some time ago, here:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112921-bos-preference-account.html

 

There's quite a lot of questions if anyone can help. Thanks.

[reallymadwoman]

It's all gone very quiet all of a sudden. The postman doesn't visit any more! I'm getting lonely!

 

Has Bank of Scotland finally called off their monkeys, or should I expect something truly horrible in a day or two? The suspense is killing me ....

[reallymadwoman]

Now that's the sort of post I don't mind.

 

The only post the whole household has received in the last 10 days is son's wage slip (good), circular from social club (OK, but binned once read) and the gas bill (good - payments reduced by £8 per month).

 

Bank of Scotland's lack of correspondence is forcing me to watch TV every evening. Why are they persecuting me like this?

[reallymadwoman]

They might even make me watch Eastenders! (Apologies to fans, but I can't stand it!)

[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.

[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?

[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'.

[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?

[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.

 

[reallymadwoman]

Love that bit

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I didn't want to give them any leeway!

[reallymadwoman]

Daughter has gone to 'Download' festival and won't be back until Monday, OH is due home (after 4 weeks away) tomorrow but house is already spotless, large quantities of food and wine already purchased, all correspondence up to date, been to the post box, visited local county court, and now have absolutely nothing to do until it's time to go to the station tomorrow afternoon. After that I might be busy though!

[reallymadwoman]

No chance - I'm busy for a few days!

[reallymadwoman]

Some time ago I asked the FOS for copies of correspondence between themselves and BOS relating to this complaint, in case it would be of future use - like in court. They refused as they say it's not 'personal data' under the DPA. I queried this with the Information Commissioner, and I've finally had a reply.

 

The ICO are saying it is personal data under the DPA as I can be identified from it but the FOS probably have a 'use limitation' on the data which means it can only be used in connection with resolving a dispute. The only way to find out for sure is to make a formal request under the DPA and wait for their response, then pass it to the ICO for investigation, which is likely to take forever. As things have gone really quiet, I'm not going to bother at the moment as the FOS have already agreed to keep the data in case it's needed in future.

[reallymadwoman]

I'm a bit annoyed with BOS as they've now sold a disputed account to Cabot, see this thread if you really need to know the details :- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151228-oh-no-cabot-after.html

 

On the basis that I was pretty bored anyway this afternoon, mostly cos just about all I'm allowed to do is sit at the computer or watch TV, I decided to do another nice letter to them.

 

 

XXXXX

 

 

XXXX

 

 

XXX

 

 

 

11th July, 2008

 

 

Bank of Scotland

Customer Relations

PO Box 29112

Dunfermline

KY11 2ZX

 

My reference (please quote)XXX (had to give them all references cos otherwise I don't know which account they're on about - they never use them though)

 

Complaint

 

Dear Sirs,

 

Re: Account number XXXXXXX

 

I have recently received correspondence in respect of the above account from Cabot Financial (Europe) Ltd (hereinafter Cabot) purporting to be acting on behalf of Bank of Scotland. I would point out that this is the sixth such agency from whom I have received correspondence.

 

I regret that I feel obliged to make the following complaints:

 

1. Breaches of the Office of Fair Trading Guidance on Debt Collection Practices

 

The following sections are taken from the Office of Fair Trading Guidance on debt collection practices (the OFT Guidance), all of which have been breached by Bank of Scotland and/or their agents (hereinafter BOS)

 

From Section 1 – Introduction

 

BOS have failed to comply with the requirements of credit or other consumer legislation, see ‘Consumer Credit Act, 1974’ below.

 

BOS have engaged in business practices appearing to be deceitful, oppressive or otherwise unfair or improper (whether unlawful or not), see breaches of guidance detailed below.

 

From Section 2 – Unfair Business Practices

 

2.1 Communicating in an unclear, inaccurate or misleading manner, e.g.

 

leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

 

Under S77-79 of the CCA 1974, whilst a creditor is in default of a request they may not take enforcement action, i.e. they are not legally entitled to ask for payment. I therefore contend that the correspondence from Cabot is intended to mislead me into believing that

(a) they are entitled to take enforcement action through the Courts

(b) they are entitled to demand payment

Further, no default notice has ever been issued in relation to this account, and therefore legal action is precluded in any event.

I hold BOS liable on the grounds that they failed to pass on a full and accurate account history.

 

failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested

 

A full and accurate statement of account, requested on XXXX, remains outstanding.

 

ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, for example, shift workers who ask not to be telephoned during certain times of the day

 

Under reference XXXX, the Ombudsman has previously ruled that, because of my disability, continual requests to telephone whilst ignoring written communications is unfair. I therefore contend that the correspondence from Cabot is unfair because the response demanded is a telephone call. I hold BOS liable for failing to pass on a full and accurate account history.

 

not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties

 

The information passed to Cabot clearly did not include any history whatsoever. BOS have been aware of my above mentioned disability for some time, and I can conceive of no reasonable excuse for not passing on at least that information. Furthermore, BOS have neglected to inform Cabot of the outstanding disputes regarding the account, and have passed on an incorrect balance.

 

not informing the debtor when their case has been passed on to a different debt collector

 

BOS have once again, despite a previous complaint against them on exactly the same grounds being upheld by the Ombudsman Service, failed to inform me that the account was being passed on.

 

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

 

The account has been in dispute since XXXX.

 

not passing on payments received within a reasonable time resulting in delays that adversely affect a debtor's financial position.

 

Not all payments made to BOS between XXXX and XXXX of 200X have been credited to the account. These payments were made strictly in accordance with instructions issued by BOS in a letter dated XX XXXX, 200X, and I find it extremely worrying that some payments made under the same standing order instructions have been credited whilst others have not.

 

failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

 

See above two paragraphs

 

2. Breaches of the Consumer Credit Act, 1974, s77-79

 

Following a request, accompanied by the required fee, made under the above sections BOS have

a) Failed to supply a legible copy of the executed agreement

b) Failed to supply a copy of any other document referred to in it

c) Failed to supply an accurate statement of account

The request was made on XXX, 200X, the letter being signed for at your offices by XXXX XXXXon XXXX. In accordance with the prescribed time limits the above mentioned documents should have been received 12 working days after this date, i.e. by XXXX, and an offence was committed on XXXX.

Further, the Act also states, in s77-79 (4) (a) that where a creditor has failed to comply with a request, he is not entitled, while the default continues, to enforce the agreement. I would therefore contend that all correspondence received since the above date in which payment is requested and/or legal action is threatened is in breach of this section of the Act.

 

3. Breaches of the Data Protection Act 1998

 

Despite the dispute, BOS have continued to record inaccurate data with the credit reference agencies and have also passed inaccurate data to a third party, Cabot. This is in breach of Principle 4 of Schedule 1 of the Act

‘personal data shall be accurate and, where necessary, kept up to date’

Specifically the account balance quoted is inaccurate in that it makes no allowance for payments made but not credited between XXXXXX, 2007, and also includes unlawful charges. Further, BOS have yet to supply any evidence that this debt is owed by me.

 

4. Breaches of the Disability Discrimination Acts 1995 and 2005

 

Failing to make ‘a reasonable adjustment’ in relation to the provision of a service.

 

I have a disability as defined in the Disability Discrimination Acts, which BOS are, or should be, fully aware of. The Acts require businesses to make ‘reasonable adjustments’ when providing services, and I contend that BOS’s failure to make the entirely reasonable adjustment of accepting that all communication with me must be in writing, and communicating that requirement to Cabot, is in breach of the Acts.

 

5. Breaches of the Protection from Harassment Act 1997

 

Pursuing a course of conduct which amounts to harassment and which the company ought to know amounts to harassment, including causing alarm or distress.

 

The Protection from Harassment Act 1997 defines the offence of harassment as:-

‘A person must not pursue a course of conduct –

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

The Act goes on to give the following interpretations:-

‘References to harassing a person include alarming the person or causing the person distress.

A “course of conduct” must involve conduct on at least two occasions.’

 

In view of the previously upheld complaint, I contend that BOS knew or ought to have known that their conduct in passing the account to another agency without a full and accurate history would amount to harassment as defined in the Act, and that it was likely to cause distress. My health is such that even a small amount of stress has an extremely negative effect, and indeed the previous harassment by this firm resulted in hospitalization, which they should also be aware of. I further contend that the two letters issued by Cabot on XXXX and XXXX are sufficient to amount to a “course of conduct”.

 

What I now require

 

As a result of previous experience, I have no expectation whatsoever of receiving a response to this letter and have entered a reminder in my diary for 5th September (8 weeks) to pass the complaint on to the Financial Ombudsman Service. Furthermore, I am no longer willing to spend an extra 70p on postage simply to deny BOS the opportunity of stating this letter was not received, so feel free to do so when the Ombudsman contacts you. BOS may now wish to consider however that it will be the third time such an excuse has been offered to the FOS in connection with my complaints about BOS, and you can be certain that I will draw their attention to this fact.

 

Alternatively, in the admittedly unlikely event that it is considered in the best interests of BOS to reply, please do not bother unless you are prepared to give a full and considered response to each and every complaint, with no allegations of ‘letters not received’ or ‘isolated errors’. Given my previous experiences, I will simply not believe such excuses. In the hope that I do receive a response, the actions that I wish BOS to take to put matters right are :-

 

1. A full and sincere apology for any and all breaches made by themselves or their agents

2. Payment of compensation for the inconvenience and distress caused, plus time spent in drafting and sending letters, stationary and postage, of £250. If BOS are able to supply all of 3 to11 below, and 14 does not apply, I will accept deduction of this amount from the outstanding balance, otherwise the sum must be paid by cheque to me.

3. Incontrovertible proof, in the form of legible copies of any and all agreements relating to this account, bearing my signature, that this debt is owed by me.

4. A full and detailed statement of account showing the date and nature of each and every transaction under the account

5. Where such a transaction is the provision of funds, details of how such funds were provided. If paid to an account, full details of the account, and if paid by cheque, full details of the account to which it was presented.

6. Where the transaction is payment for goods or services via a debit or credit card, proof that the transaction was properly authorised with my signature or that of any other person authorised by me to do so, or alternatively that a correct PIN number was entered

7. Where the transaction is a payment by cheque, a copy of the cancelled cheque

8. Where the transaction is a charge of any other nature (including interest), proof that such charges were properly made in accordance with the terms of any agreement and, in the case of late payment fees and the like, that each such charge represented the true cost to Bank of Scotland and/or their agents of any breach of contract which is alleged to have occurred

9. Confirmation of to which address any cards (including replacement cards), PIN numbers or cheque books were sent

10. Proof that statements were regularly sent in accordance with the terms of any agreement, and details of the address to which they were sent

11. If it is alleged that a default notice has been sent, proof of the date and contents of such notice, and confirmation of the address to which it was sent

12. If any of 3 to 11 above is not able to be supplied, confirmation that your files will be closed and any and all entries on my credit reference file relating to this account be removed.

13. If any of 3 to 11 above is not able to be supplied, confirmation that Cabot will be instructed to take no further action, and that no alternative agency will be instructed in their place

14. If any documents supplied lead either party to believe that any unlawful or illegal action has occurred, both parties give an undertaking to cooperate fully in any police investigation

15. If BOS are able to supply all of 3 to 11 above, they will accept that I have no disposable income, no assets, and my situation will never improve, as previously confirmed to BOS by no less than two outside agencies. Should this be the case I would be willing to reinstate the token payments being made previously (£1 per month) on the following conditions:-

a) Neither BOS nor anyone acting on their behalf will contact me for any reason, with the exception of a written request for an update on my circumstances once a year on the anniversary of this agreement

b) Token payments will continue to be accepted so long as my circumstances do not change

c) If after three years (if I am still alive) my circumstances have not changed, the balance of the account will be written off and I will receive written confirmation that no further sum is due

d) Should BOS or anyone acting on their behalf breach any term of this agreement, BOS will immediately pay £50 in respect of each letter received by me, £100 in respect of each demand for a telephone call, £100 for each request for an increased payment (unless justified by a change in my circumstances) and £250 for failure to write off the balance as agreed and/or failure to provide written confirmation of same, such payments to be made by cheque to me

16. If in the alternative, BOS make the entirely sensible commercial decision to write off the balance of this account now, they will provide written confirmation as in c) above

 

Should you be tempted to impose any charge for supplying the above information, I would point out that the statutory fee in respect of the request under s77-79 of the CCA 1974 has been paid, and indeed credited to the account, and the £10 statutory fee in respect of a request under the Data Protection Act, 1998 was acknowledged by BOS on XXXX. None of the above mentioned documents were supplied previously, so should they now come to light, I will be making a complaint to the Information Commissioner and/or seeking compensation through the courts.

 

Yours faithfully,

 

 

 

 

 

XXXXX

 

I enjoyed that, and I would dearly love to be a fly on the wall next to the poor sod who gets to open it. What's the betting it goes straight in the bin.

 

And no it's not an error assuming Cabot are acting as agents, I know they've bought it and BOS can't get it back, but it makes for a far more interesting complaint.

 

**** Please read post 441 before using this letter ****

Edited July 13, 2008 by reallymadwoman

[reallymadwoman]

Use whatever bits you need with my blessing. I have to give credit to OH for coming up with that particular bit though.

[reallymadwoman]

Just about what I thought, palomino, but I genuinely don't care if they reply or not. Any reply is extremely unlikely to address any of my complaints, and of course complying with my 'requests' is impossible, if only because the account has now been sold and is beyond their control. I have absolutely no doubt that this complaint will also eventually end up with the FOS, no doubt costing BOS far more than whatever paltry sum they got from Cabot.

One stray thought - do you think it might be possible to be banned from complaining to the FOS, like being banned from taking court action as a vexatious litigant?

[reallymadwoman]

And I thought I was a serial complainer - this one will make 5, but one of the complaints was for 4 accounts, so it could have been 8.

 

And the results so far :- creditors 0 me 3 (and 2 pending)

[reallymadwoman]

So far as I am concerned, if a company chooses not to use guaranteed next day delivery from whichever provider they like, then they can't complain if they don't get a response within their given time limit. The number of times I've received demands for a response within 3, 5 or 7 days, only to check the date and find the time is already up.

 

Incidentally, in my last FOS case, the Ombudsman decided Blair Oliver and Scott were pre-dating letters then sending them 2nd class, giving you no chance to reply in time other than by phoning on the day it arrived. Not unsurprisingly, she thought that was a tiny bit unfair.

[reallymadwoman]

I always immediately staple envelopes to letters and put the received date on them. Blair, Oliver and Scott taught me to do that!

[reallymadwoman]

I often use hair grips (I have lots as I have very long hair) instead of paper clips of which I never have any, especially for marking the relevant pages in the map book when planning a drive from the south coast to Loch Lomond!