Bank of Scotland credit card, default, DCA'S and ombudsman.

[brummie]

Hi all

Bank of Scotland set a default on me a couple of years ago, as i went into dispute over a credit card. It's been going on a while, and i have had no less than 5 DCA'S (lol) pursueing me....Now this the story so far.....

I never denied the debt, but merely challenged the bank on the way it handled the situation, and the ridiculous charges it made. They defaulted me, and then set the dogs on me. I can handle the dogs quite well, and have pissed them off no end, but.....during my on-going correspondance with the bank, they issued (one of a couple) a full and final letter. Now as i was STILL in conversation, and even after they issued a full and final they compensated the account with a sum of redress, I took it to the FOS......and they took the six month rule, sadly. This was despite the fact that i spent the majority of last year working abroad and found getting my correspondance impossible......OK, the rules are the rules, and i suppose the dogs are gonna call again pretty soon, but i still feel that the bank has done me harm in the way they went about their buisiness. I have letters appologising for late SARS, late response to complaints, offers of compensation but no appologies for the DCA'S and their failings as a responsible organisation to ensure that consumer needs are looked after. None of the last statement was part of the original complaint, and after speaking with the FCA (yesterday) they say i have a right to launch another complaint against them. I am more than willing to put the account into dispute and deal with moorsoft, but need some substance to throw at them.....

Any ideas?

Brummie.

[Tuttsi]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

I know help will be on the way very soon Brummie, hang in there.

[PlanB]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

Bank of Scotland set a default on me a couple of years ago, as i went into dispute over a credit card..... I never denied the debt, but merely challenged the bank on the way it handled the situation, and the ridiculous charges it made. They defaulted me, and then set the dogs on me.

Any ideas?

What would you like to achieve out of all this so we can see if we can help you to reach your goal?

Are you still paying the account? If you're looking to dispute it's enforceability then let us know when you first opened it (before April 2007?) and we'll take it from there

[SaltnVinegar]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

What would you like to achieve out of all this so we can see if we can help you to reach your goal?

I think that the relevant question. TBH you could probably run rings around most of the DCA's if you have apologies for late SAR's, offers of compensation etc. from the OC until it arrives at a SB state.

[Never-In-Doubt]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

Hi all

Bank of Scotland set a default on me a couple of years ago, as i went into dispute over a credit card. It's been going on a while, and i have had no less than 5 DCA'S (lol) pursueing me....Now this the story so far.....

I never denied the debt, but merely challenged the bank on the way it handled the situation, and the ridiculous charges it made. They defaulted me, and then set the dogs on me. I can handle the dogs quite well, and have pissed them off no end, but.....during my on-going correspondance with the bank, they issued (one of a couple) a full and final letter. Now as i was STILL in conversation, and even after they issued a full and final they compensated the account with a sum of redress, I took it to the FOS......and they took the six month rule, sadly. This was despite the fact that i spent the majority of last year working abroad and found getting my correspondance impossible......OK, the rules are the rules, and i suppose the dogs are gonna call again pretty soon, but i still feel that the bank has done me harm in the way they went about their buisiness. I have letters appologising for late SARS, late response to complaints, offers of compensation but no appologies for the DCA'S and their failings as a responsible organisation to ensure that consumer needs are looked after. None of the last statement was part of the original complaint, and after speaking with the FCA (yesterday) they say i have a right to launch another complaint against them. I am more than willing to put the account into dispute and deal with moorsoft, but need some substance to throw at them.....

Any ideas?

Brummie.

Hi

Ok it seems you've several points but also that you're confusing what each point actually allows - leaving aside the ideal question of "what do you want to achieve", for now, lets look at the main points;

1. The bank issued a credit card
2. You do not dispute you owe them
3. You are complaining about lack of SAR / Statements etc
4. They have sold the account to various DCA's
5. You've gone to the FOS and they've not made a decision yet

So taking the above into account, you actually have no lawful entitlement to dispute the account; by that I mean you have no right to withhold payment based on deadlock/dispute. Requesting a SAR, not being sent a statement or the bank selling the arrears/debt to a third party collector are all exempt from what we classify as a genuine dispute. A genuine dispute could be, for instance, incorrect APR being charged. The fact they did not comply with s.7 DPA (SAR) matters little to the validity of the account hence it is separate.

The bank may well offer compo instead of letting you progress a complaint as a business decision, ie the FOS charge £550 - so the bank offering you £50 to go away is obviously cheaper - it is not an admission of guilt.

I hope you can see from the brief explanation above that the points you're raising so far do not allow for the debt to be formally in dispute so you need to figure out what you want from all this and then we'll be able to help because if it's a case of you can't afford to repay or simply don't want to repay, that's fine we can help with that utilising UE. However if you're trying to use the complaints process to get the debt wiped you will struggle and will lose. Sorry but you will as there is no genuine argument that allows for that.

Let us know what you want to do and we'll try and help

[brummie]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

Ok to clarify;
The ombudsman has rejected the complaint under the six month rule. I feel the bank has failed me, and want to acheive the following.
Agree a sensible figure with them.
Have them agree that their use of DCA'S has been exsessive.
Pay them an agreed amount if they remove the default, or make a formal complaint.

[CleverClogs (RIP)]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

The ombudsman has rejected the complaint under the six month rule. I feel the bank has failed me, and want to acheive the following.
Agree a sensible figure with them.
Have them agree that their use of DCA'S has been exsessive.
Pay them an agreed amount if they remove the default, or make a formal complaint.

Why should they do any of those?

Have you ever sent the buggers a section 78 request for a copy of the agreement and of the terms and conditions at the time of signing?
If you have, how did they respond?

[brummie]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

I started the dispute by challenging them over the excessive charges and interest they applied to the account, and told them i would pay the bill when they demonstrated how the charges had been made up. They did credit the account with a sum of money that they called an error.....but never showed me any calcs. The SARS they sent me had a shortfall of about 18 months from the start date of the account, which fell behind the stat 6 years worth of statements, so i cannot look anywhere past that. There is on one early statement an amount deducted for a card protection of some sort, but as yet i have not challenged them about this. Now what i want to do is to re-open their full and final settlement with a new challenge, such as the card protection, as this was never part of the original complaint. This is where the chat with the FCA came about as they seem to agree that the bank cannot ignore a new complaint and must investigate it, even though they have responded in full and final. Does anybody agree with this?

[brummie]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

Agree a sensible figure with them. Once they, or i can demonstrate calcs proving that the debt is correct by their terms and conditions.
Have them agree that their use of DCA'S has been exsessive. They have called upon these scum to take over the debt. They need to accept they are employing un-educated gorrillas. They are a major bank not a back-street pawn broker and need to act responsibly when choosing a hench-man.
Pay them an agreed amount if they remove the default, or make a formal complaint. I haven't refused to pay....

[brummie]

Re: Bank of Scotland credit card, default, DCA'S and ombudsman.

Thanks.
Not a section 78, but did get my signed agreement with the SARS. Not sure that the full T's and C's are with it......will check what they have sent.