Old BOS account

We had an account that caused us some debit with the Bank of Scotland many years ago. Most of the issues where down to the fact that BOS continued to charge interest after we defaulted. This was never taken to court for recovery, only passed on to collectors. Blair Oliver and Scott being the first one. The second being Drydens Fair Fax. I recently complained to Drydens for harassment, they where also reporting the amount due as being incorrect. We had an arrangement to pay and was paying £50 a month on a regularish basis. Now BOS recalled the account from Drydens and has given it to Westcot Credit Services to manage. Does Westcot have any authority to enforce collection. l am based in Fife, Westcot is based in Hull.
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Comments

  • sourcrates
    sourcrates Posts: 28,825 Ambassador
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    It depends if wescot have bought the debt, or are just managing it.

    Do there letters refer to "our clients" ?

    If they own it, they basically have all the rights of the original creditor.

    If they have just been engaged as collection agents, they can't do didly squat !!!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
    The Wescot letter states they will now be managing it. An additional lettter from BOS confirms the transfer of account management from Drydens to Wescot. This account is over 10 years old an never been to court, that l can remember, is no longer on my credit file.
  • MrsTinks
    MrsTinks Posts: 15,241 Forumite
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    The age of the debt is not as relevant as if it ever went 6 years without payment being made - your first post makes me think that you were making sporadic payments so probably not likely that it was 6 years at any point? It may not show on your file any more but it would still be possible for the creditor to seek a CCJ
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  • dc240969
    dc240969 Posts: 70 Forumite
    We have pretty much resigned to pay it, as we had arranged previously for £50 a month, as l am now unemployed some months the £50 goes elsewhere. The real original issue was with Drydens not having the correct due total and there system not being up to date. I have told Wescot l want a account review going back to beginning of 2016 until end of October before l make any arrangements with them.
  • sourcrates
    sourcrates Posts: 28,825 Ambassador
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    dc240969 wrote: »
    We have pretty much resigned to pay it, as we had arranged previously for £50 a month, as l am now unemployed some months the £50 goes elsewhere. The real original issue was with Drydens not having the correct due total and there system not being up to date. I have told Wescot l want a account review going back to beginning of 2016 until end of October before l make any arrangements with them.

    Are you familiar with a CCA request ?

    I would make that your next move, as a ten year old account that's been passed from pillar to post, may not have enforceable paperwork.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
    I have read about that in the past. The account in question was a regular account, BOS then offered, at the time as l remember, a product where by they gave you, if l remember correctly, an overdraft or loan to cover your regular out goings, mortgage, bills etc. Now lm thinking about this, this was pre 2004, as l was made unemployed Sep 2003 and that when it hit the fan. I will look further into the CCA.
  • sourcrates
    sourcrates Posts: 28,825 Ambassador
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    dc240969 wrote: »
    I have read about that in the past. The account in question was a regular account, BOS then offered, at the time as l remember, a product where by they gave you, if l remember correctly, an overdraft or loan to cover your regular out goings, mortgage, bills etc. Now lm thinking about this, this was pre 2004, as l was made unemployed Sep 2003 and that when it hit the fan. I will look further into the CCA.

    Was it the infamous "preference account" by any chance ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
    I would be lying if l said yes. But l do know it was to the value of £8000
  • sourcrates
    sourcrates Posts: 28,825 Ambassador
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    dc240969 wrote: »
    I would be lying if l said yes. But l do know it was to the value of £8000

    If it was an old preference account, 99% of them were unenforcable because they were marketed as a bank account, yet credit file marked as a credit card.

    None of them had the correct prescribed terms, also BOS were terrible at keeping paperwork.

    But, if it was a normal bank account/overdraught, then CCA would not apply to that type of account unfortunately.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • dc240969
    dc240969 Posts: 70 Forumite
    Nope, wasnt a normal account etc. This was a separate product. I dont have anything to lose by doing a CCA. Would probably freeze any action until they complied with it.
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