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    • dc240969
    • By dc240969 12th Oct 16, 2:00 PM
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    dc240969
    Old BOS account
    • #1
    • 12th Oct 16, 2:00 PM
    Old BOS account 12th Oct 16 at 2:00 PM
    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.
Page 1
    • sourcrates
    • By sourcrates 12th Oct 16, 3:07 PM
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    sourcrates
    • #2
    • 12th Oct 16, 3:07 PM
    • #2
    • 12th Oct 16, 3:07 PM
    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 !!!

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    • dc240969
    • By dc240969 12th Oct 16, 4:17 PM
    • 26 Posts
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    dc240969
    • #3
    • 12th Oct 16, 4:17 PM
    • #3
    • 12th Oct 16, 4:17 PM
    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
    • By MrsTinks 12th Oct 16, 4:48 PM
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    MrsTinks
    • #4
    • 12th Oct 16, 4:48 PM
    • #4
    • 12th Oct 16, 4:48 PM
    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
    DFW Nerd #025
    SPC member #561
    Sept 2016 - £10811 Oct £10166 to clear Cleared Since Sept 16:£645 6% repaid Declutter 25 items in November target: 0/25 Make £10 extra a day in November: £57/£150
    • dc240969
    • By dc240969 12th Oct 16, 5:12 PM
    • 26 Posts
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    dc240969
    • #5
    • 12th Oct 16, 5:12 PM
    • #5
    • 12th Oct 16, 5:12 PM
    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
    • By sourcrates 12th Oct 16, 5:41 PM
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    sourcrates
    • #6
    • 12th Oct 16, 5:41 PM
    • #6
    • 12th Oct 16, 5:41 PM
    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.
    Originally posted by dc240969
    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.

    For free debt advice please call National Debtline on
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    • dc240969
    • By dc240969 12th Oct 16, 5:56 PM
    • 26 Posts
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    dc240969
    • #7
    • 12th Oct 16, 5:56 PM
    • #7
    • 12th Oct 16, 5:56 PM
    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
    • By sourcrates 12th Oct 16, 6:17 PM
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    sourcrates
    • #8
    • 12th Oct 16, 6:17 PM
    • #8
    • 12th Oct 16, 6:17 PM
    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.
    Originally posted by dc240969
    Was it the infamous "preference account" by any chance ?

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    • dc240969
    • By dc240969 12th Oct 16, 6:22 PM
    • 26 Posts
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    dc240969
    • #9
    • 12th Oct 16, 6:22 PM
    • #9
    • 12th Oct 16, 6:22 PM
    I would be lying if l said yes. But l do know it was to the value of £8000
    • sourcrates
    • By sourcrates 12th Oct 16, 6:26 PM
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    sourcrates
    I would be lying if l said yes. But l do know it was to the value of £8000
    Originally posted by dc240969
    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.

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    • dc240969
    • By dc240969 12th Oct 16, 7:05 PM
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    dc240969
    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.
    • sourcrates
    • By sourcrates 12th Oct 16, 7:39 PM
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    sourcrates
    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.
    Originally posted by dc240969
    Exactly, from what you say it sounds like a similar product to a preference account.
    My brother was conned into getting one, he wasn't very financially savvy, he thought it was a regular bank account.

    I CCA'd BOS, on his behalf, couldn't produce anything, account was only 4 years old as well at the time.

    They used to push them alongside loans, very sneaky !!

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    • dc240969
    • By dc240969 12th Oct 16, 7:57 PM
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    dc240969
    I don't suppose there's an up to date CCA template on here is there?
    • sourcrates
    • By sourcrates 12th Oct 16, 8:05 PM
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    sourcrates
    I don't suppose there's an up to date CCA template on here is there?
    Originally posted by dc240969
    From the National Debtline website :

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

    For free debt advice please call National Debtline on
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    • dc240969
    • By dc240969 12th Oct 16, 8:50 PM
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    dc240969
    Cheers. l will let you know how it goes.
    • dc240969
    • By dc240969 27th Oct 16, 2:20 PM
    • 26 Posts
    • 3 Thanks
    dc240969
    Got a reply this morning.

    We refer to your recent request under sections 77-78 of the CCA.
    As this relates to a BoS Plc Current Account these sections of the CCA do not apply to this account, therefore, your request to supply a copy of the agreement in this instance is not relevent to S77-78. This is because of the CCA(Exempt Agreements) Order 1989, Article 3(1)(a) which is set out that the CCA shall not apply to a running-account credit agreement where the whole amount of the credit for a period is repayable in a single payment. In your case, you have to make monthly payments for the whole of the charges incurred in the preceding period. This is not, therefore, a CCA regulated agreement.

    Not sure how to proceed. Any advice welcome.
    Last edited by dc240969; 27-10-2016 at 2:23 PM.
    • sourcrates
    • By sourcrates 27th Oct 16, 2:27 PM
    • 8,370 Posts
    • 8,204 Thanks
    sourcrates
    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.
    Originally posted by sourcrates
    Got a reply this morning.

    We refer to your recent request under sections 77-78 of the CCA.
    As this relates to a BoS Plc Current Account these sections of the CCA do not apply to this account, therefore, your request to supply a copy of the agreement in this instance is not relevent to S77-78. This is because of the CCA(Exempt Agreements) Order 1989, Article 3(1)(a) which is set out that the CCA shall not apply to a running-account credit agreement where the whole amount of the credit for a period is repayable in a single payment. In your case, you have to make monthly payments for the whole of the charges incurred in the preceding period. This is not, therefore, a CCA regulated agreement.

    Not sure how to proceed. Any advice welcome.
    Originally posted by dc240969
    I did say if it was a bank account, the CCA would not apply, so seems like it was a standard bank account after all.

    However proof of liability is still required so you may be better off sending the provit
    Letter instead.
    Last edited by sourcrates; 27-10-2016 at 2:31 PM.

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    • dc240969
    • By dc240969 27th Oct 16, 2:36 PM
    • 26 Posts
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    dc240969
    Provit Letter?
    • sourcrates
    • By sourcrates 27th Oct 16, 2:41 PM
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    sourcrates
    Provit Letter?
    Originally posted by dc240969
    To chase a debt, any debt, a creditor must provide proof of the debt when asked, now although CCA does not apply to this account, they still must send you proof the debt exists, when asked to do so, you just need to ask in a different way.

    This letter does that :


    http://forums.moneysavingexpert.com/showthread.php?t=2607247

    Basically no proof, equals no debt.

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    • dc240969
    • By dc240969 28th Oct 16, 12:07 PM
    • 26 Posts
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    dc240969
    Will send this away and see what comes back.
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