BOS. Claiming Charges & Overdraft Help

[stephanii]

Hiya,

First post.. don't know if this have been covered.. did a search but nothing came up so apologies if I am covering old stuff.

I have a BoS account and have used it for the past 3 years since I first became a student.

I reckon I have paid quite a bit in charges as in my student days I was paying around £60-80 a month what with being skint and generally being daft with arranging direct debits.

This month BoS have charged me £20 for a direct debit of £2 coming off a day before payday when there was no money in my account.

I have decided enough is enough!

My problem is... I still have my overdraft in place. It is (at the moment) interest free and around £2000 and was used to fund me through uni, and I was planning on paying it back starting next month.

If I was claiming back all the bank charges is there anyway I could do this without having to pay the overdraft first... in an ideal world I would claim the charges and use this to pay off the overdraft.

[texel]

What you need to do is read the templates on how to charge your penalty charges back from the bank. after you have done that. Then proceed to claim against the bank sending the various letters. Eventually when you get to the point of taking the bank to court go ahead and sue. The bank will probably try to sist your claim. waiting for the result of the OFT court case. if that happens come back to me and I will give you my advice on how to handle that. I have just done that in the Perth Sheriff Court last Friday and won getting the sist refused. but there is a lot of water to flow under the proverbly bridge before you get that far. The suit for the return of charges has nothing to do with your overdraft at this time. Let me know how you are managing and I will help you any way I can. But read the templates first. Good luck

[saintly_1]

Here are the links to the FAQ's http://www.consumeractiongroup.co.uk...se-read-these/

and the step by step example Example Step-By-Step Instructions - Now updated to reflect the OFT court judgment

saint

[stephanii]

I have read through the procedures and FAQ's..

I am still slightly in the dark on one issue..

Should I continue having my earnings paid into the bank account while sending the letters or should I open a different account and use that while going through the process?

Sorry for the hassle.

[texel]

I don't think it matters what account you use you are going to sue for the charges which should'nt matter which account. its the charges that matter.

[rory32]

Really you should open a parachute account. If you claim the charges back the bank may decide that they don't want to give you an overdraft anymore, particularly an interest free one.

[stephanii]

Yep Rory, that's what I was thinking.. :S

[eileen58]

Hi Texel,

sorry for hijacking this thread but was it hard to get the sist removed. We are at present trying through the FOS to get back charges on a hardship basis, but at present we are not getting very far.
If I thought that we might get the sist removed I would certainly go down the court route.

Eileen

[texel]

You won't know until you give it a try. Which is your local court? I personally prefer thye courts to the FOS. I feel I am in more control if I am there in person!!! Anyway best of luck

[eileen58]

The court is Glasgow Sheriff Court. I have previously done 4 summary clauses and 1 small claim and I won them all. Iam not afraid of going down the court route but I thought that it was a waste of time because of the sists.

I think that we will give the fos until after easter and if there is no answer from them I will definately go down the court route.

I will probably come back and pick your brains.

Eileen