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    • 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 4
    • dc240969
    • By dc240969 16th Sep 17, 6:19 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    With regards to a credit agreement they say that there was no agreement as this was an account which had, for better words, an overdraft which in essence was to cover all expected outgoings.
    • sourcrates
    • By sourcrates 16th Sep 17, 8:18 PM
    • 12,471 Posts
    • 11,863 Thanks
    sourcrates
    So it was a bank account then ?

    It wasn't really clear what type of account it was.

    I'm out of ideas them mate, sorry !!!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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 20th Sep 17, 8:26 AM
    • 61 Posts
    • 12 Thanks
    dc240969
    An account yes. But with the addition of a feature which was in essence a loan/over draft which should have had an agreement signed.
    • StopIt
    • By StopIt 20th Sep 17, 8:37 AM
    • 1,392 Posts
    • 1,184 Thanks
    StopIt
    An account yes. But with the addition of a feature which was in essence a loan/over draft which should have had an agreement signed.
    Originally posted by dc240969

    Wrong.


    An overdraft is part of a bank account, requires no credit agreement to be signed, and is not CCA regulated. If they can prove that you had the account, that's enough for the courts.


    An actual loan would be CCA regulated and thus can be challenged with a CCA request. An overdraft is not and usually they can easily be proven for the courts if they show you had an account with an overdraft facility with them.


    I'd leave things as they are for now. If/when any DCA tries legal action, act accordingly and seek legal advice.
    • sourcrates
    • By sourcrates 20th Sep 17, 9:46 AM
    • 12,471 Posts
    • 11,863 Thanks
    sourcrates
    That's why I asked if it was a preference account, because that's what your describing.

    That was described as an "overdraft facility", or on occasion a "credit card account", but was infact a top up loan service that was CCA regulated, and had a blue credit agreement to complete.

    Most were unenforceable as they were mis-described by the creditor and BOS stopped marketing them, they were sold alongside loans.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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 20th Sep 17, 11:53 AM
    • 1,392 Posts
    • 1,184 Thanks
    StopIt
    That's why I asked if it was a preference account, because that's what your describing.

    That was described as an "overdraft facility", or on occasion a "credit card account", but was infact a top up loan service that was CCA regulated, and had a blue credit agreement to complete.

    Most were unenforceable as they were mis-described by the creditor and BOS stopped marketing them, they were sold alongside loans.
    Originally posted by sourcrates

    And why it is critical to know what you had.


    Even if you did sign the CCA paperwork for one of these products, it is indeed unenforceable anyway, so you need to know exactly what it was. You said earlier that they already rejected your CCA request but you have the option of sending BOS an SAR request.


    They cost £10 and will show all details they still have on file about you, including any account details. They can delete records after 6 years so may not have it. Of course, that means that they wont be able to prove the debt, settling the issue.
    • dc240969
    • By dc240969 20th Sep 17, 1:26 PM
    • 61 Posts
    • 12 Thanks
    dc240969
    So send a SAR. Might show this product, which is deemed unenforceable, or may show nothing which is again unenforceable.
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