Bank of Scotland claim - settlement offered

[kiltedlad]

Hi there,

I sent a claim letter off to BOS for £254.00 eight weeks ago, got two letters fobbing me off. However, yesterday I received a proposed settlement of £166.00. Now my amount of £254.00 has reduced to £224.00 due to it being a number of years ago.

£166.00 represents 75% of the unlawful charges, but I was wondering if I am sacrificing any more than just the remaining £58.00 by accepting their offer. Am I sacrificing any rights?

[catiscot]

You will get the full amount for sure, just by refusing their offer.

Why has the amount reduced? I don't understand that. If you want to settle then it won't affect you claiming in the future even if you sign that you won't. Why don't you go for the full amount? is it including interest?

Wxx

[kiltedlad]

There was a charge which is now too long ago to be counted.

I don't think I have ever paid interest on charges. As soon as I go through the overdraft limit and get charged I usually get a cash advance the next day to put me in the black again. Or is there another hidden cost I am missing?

You do know that when you send off your Data Protection Act letter for your statements the clock stops ticking? So, you can claim back the 6years plus from the date of when you sent your Data Protection Act to when you file your claim.

But anyway, if you accept the £166 then you are sacrificing your right to the £58 because you have accepted a full and final offer. Go for the lot why don't you? .....you'll get but you'll just have to wait a little longer for it.

your claim should be charges plus interest....have you added the 8% apr to your claim? have you sent away your LBA? tell us what stage you're at.

Wxx

[kiltedlad]

Just my impatience kicking in WillowB - I sort of can't believe it has worked!

I sent my Data Protection Act letter away ages ago, and got the statements from which I totted up the bank charges. I did not add the 8% APR - as I thought they were talking about a separate interest on charges which I didn't think I had been charged on!

I sent this letter away and after a fobbing off letter four weeks later I received
this offer of settlement another four weeks later.

But have you sent your lba yet? If not then you need to work out 8% interest......charge amount X 0.00022 X number of days since offence.....do this for each charge (or use the spreadsheet on this site!!!) and then send the schedule of charges plus interest off with your LBA. If you have sent your LBA already, then just send them the figures with a letter saying that you'll accept their offer as part payment and will be pursuing the rest in Court, then file your claim. MCOL, it'll cost you £80 but you claim that back.

make sense?

Wxx

[kiltedlad]

Thanks willowb - will have to go over this again. Have actually signed acceptance and put it in pre-paid envelope, but will reconsider.

Although I was advised not to claim the 8% interest in another part of the site, until I take them to court?!?!

Or should I reply now asking for the specific interest? I simply said in my letter £254.00 plus interest.

Hi

So, you have sent your lba?

You have not filed a claim yet?

When can you file your claim (2 weeks after sending your lba)? I think what you should do is send them a letter stating accepting their offer as part payment and state the date you intend to file a claim, along with this attach a schedule of charges with a schedule of interest for each charge ( until you take them to Court, yes! this is a letter before action, so you are intending to take them to Court ). Then file your claim on the date you specified.

If you don't want to go for the interest (work it out and see) then just settle, it's up to you but that extra just may be worth it!

Wxx