Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • dc240969
    • By dc240969 12th Oct 16, 2:00 PM
    • 61Posts
    • 12Thanks
    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 3
    • dc240969
    • By dc240969 11th Feb 17, 6:20 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    They do indeed. After the call from the BOS complaints person l was expecting something. But thats been 12 days now and nothing from them.
    • dc240969
    • By dc240969 6th Apr 17, 1:32 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    Into four months since l began this and still nothing back from them
    • sourcrates
    • By sourcrates 6th Apr 17, 2:42 PM
    • 11,905 Posts
    • 11,402 Thanks
    sourcrates
    Write back and ask for a resouloution one way or another.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • dc240969
    • By dc240969 25th May 17, 6:23 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    Still nothing back. Seems lve paid thousands of pounds to an account lm not liable for then.
    • dc240969
    • By dc240969 2nd Jun 17, 8:01 AM
    • 61 Posts
    • 12 Thanks
    dc240969
    anyone care to comment
    • sourcrates
    • By sourcrates 2nd Jun 17, 9:19 AM
    • 11,905 Posts
    • 11,402 Thanks
    sourcrates
    To be honest I'd just forget it and get on with my life.

    If anyone contacts you again about it, refer them to the fact the debt cannot be proved, unless you want a resouloution in which case refer it to the financial ombudsman.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • StopIt
    • By StopIt 2nd Jun 17, 10:02 AM
    • 864 Posts
    • 795 Thanks
    StopIt
    To be honest I'd just forget it and get on with my life.

    If anyone contacts you again about it, refer them to the fact the debt cannot be proved, unless you want a resouloution in which case refer it to the financial ombudsman.
    Originally posted by sourcrates

    I would caution this by saying that because recent payments were made, this debt is not statute barred and thus, if BOS do produce a correct set of paperwork, you're back to square one.


    I'd be writing again, saying that you expect a resolution to this in writing ASAP and if no reply is given, a threat that this will be escalated to the FOS.
    • sourcrates
    • By sourcrates 2nd Jun 17, 11:37 AM
    • 11,905 Posts
    • 11,402 Thanks
    sourcrates
    I would caution this by saying that because recent payments were made, this debt is not statute barred and thus, if BOS do produce a correct set of paperwork, you're back to square one.


    I'd be writing again, saying that you expect a resolution to this in writing ASAP and if no reply is given, a threat that this will be escalated to the FOS.
    Originally posted by StopIt
    It's not the statute barred status that the OP is referring too.

    The creditor has failed to produce evidence of the debt when asked, on numerous occasions, to do so.

    I agree the FOS should now become involved.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • StopIt
    • By StopIt 2nd Jun 17, 12:28 PM
    • 864 Posts
    • 795 Thanks
    StopIt
    It's not the statute barred status that the OP is referring too.

    The creditor has failed to produce evidence of the debt when asked, on numerous occasions, to do so.

    I agree the FOS should now become involved.
    Originally posted by sourcrates

    I know, and the OP shouldn't be in limbo because of BOS dragging their heels.


    However, if BOS ever come up with the goods so to speak, the OP will be backed into a corner. If they can get BOS to acknowledge that they're unable to comply with the Prove-It request, the matter is closed for good.


    If they don't the FOS should be asked to step in, and frankly, I'd be considering going straight to them.
    • dc240969
    • By dc240969 5th Jul 17, 5:56 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    I have sent a complaint to the FOS as l have not recieved anything from Wescot or BOS in the past 6 months.
    • sourcrates
    • By sourcrates 5th Jul 17, 6:02 PM
    • 11,905 Posts
    • 11,402 Thanks
    sourcrates
    Keep us updated!!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • dc240969
    • By dc240969 27th Jul 17, 11:17 AM
    • 61 Posts
    • 12 Thanks
    dc240969
    I got a reply from FOS yesterday. They state they have sent a letter to Wescot and l should expect a reply from them, again, which should be a final reply. They also say it should be within a couple of days or 8 weeks. if l am not happy with the final reply l should then contact the FOS again. I dont see where this will go again as Wescot cant prove it and have said as much. l guess l will just have to wait and see what they say now. It has been over 3 months since they said as much.
    • dc240969
    • By dc240969 1st Aug 17, 5:57 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    Letter from Wescot today, included one from BOS. is there any way to attach this to a reply, with personal details etc hidden? To much to type.
    • sourcrates
    • By sourcrates 1st Aug 17, 8:27 PM
    • 11,905 Posts
    • 11,402 Thanks
    sourcrates
    Take a picture, upload to your computer, should be able to upload on here.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • dc240969
    • By dc240969 4th Aug 17, 9:14 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    FOS called saying they are requesting info from BOS and Wescot and will be in touch .
    • dc240969
    • By dc240969 5th Sep 17, 11:30 AM
    • 61 Posts
    • 12 Thanks
    dc240969
    FOS called and said they wouldnt be able to assist as BOS wont let them due to being time barred. :banghead:
    • dc240969
    • By dc240969 14th Sep 17, 4:53 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    bump please
    • sourcrates
    • By sourcrates 14th Sep 17, 6:07 PM
    • 11,905 Posts
    • 11,402 Thanks
    sourcrates
    No evidence of the debt equals no debt in the eyes of the law.

    If they ever started a claim, that would be your defence.

    Till then, I'd just ignore it.

    I had one account very similar, Cabot bought it, couldn't find the paperwork, said I'm not paying then, this was 2006, not heard from them since.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • dc240969
    • By dc240969 16th Sep 17, 12:18 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    The Evidence they are trying to pin is that l paid to the debt regularly until l questioned the validity. When l raised the dispute l stated that the only reason this was paid is because l felt pressured into paying it. l dont dispute being a customer in the past when things got very difficult and alot of debt elsewhere had to be dealt with, l thought this was just another nail in the credit file. But as l cleared all l always doubted this debt and over the years have disputed it originally with the first collector Blair Oliver and Scott.
    • sourcrates
    • By sourcrates 16th Sep 17, 12:55 PM
    • 11,905 Posts
    • 11,402 Thanks
    sourcrates
    The Evidence they are trying to pin is that l paid to the debt regularly until l questioned the validity. When l raised the dispute l stated that the only reason this was paid is because l felt pressured into paying it. l dont dispute being a customer in the past when things got very difficult and alot of debt elsewhere had to be dealt with, l thought this was just another nail in the credit file. But as l cleared all l always doubted this debt and over the years have disputed it originally with the first collector Blair Oliver and Scott.
    Originally posted by dc240969
    Thats rubbish, they must produce paperwork when asked, makes no difference if its been paid or not.

    This has been dragging on far too long, you need to write to them, inform them that as no credit agreement has been produced, you consider this debt to be unenforceable until such time as it is produced, and until that happens, you wont be paying.

    Then put it to bed and forget about it, unless they send a claim form, in which case lack of credit agreement is a full defense.

    If it went to another debt collector, same applies, no credit agreement, goodbye.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,786Posts Today

8,027Users online

Martin's Twitter
  • Shana tova umetuka - a sweet Jewish New Year to all celebrating. I won't be online the rest of t'week, as I take the time to be with family

  • Dear Steve. Please note doing a poll to ask people's opinion does not in itself imply an opinion! https://t.co/UGvWlMURxy

  • Luciana is on the advisory board of @mmhpi (we have MPs from most parties) https://t.co/n99NAxGAAQ

  • Follow Martin