Summary Cause - BOS charges Reclaim Scotland

[archieL]

Hi there,
Very new to this and consequently on a steep learning curve. I have sent a S.A.R - (Subject Access Request) to BOS but haven’t had a response as yet. Fortunately I do have all my bank statements for the past 2-3 years. My bank charges in the past 18months have been more than £3000 before interest. I am in severe financial hardship senario at the moment and wondered if you could advise on the following.

1. Should I make a claim and send a prelim letter for the past two years for approx £3000 + and then deal with years 3-5 later once this is settled?

2. In order to make this claim I would need to do so under a Summary Cause ?

1.02 What is a summary cause? – A brief description
A summary cause is a type of court procedure.
You do not need to use a solicitor, but you can if you wish.
If it relates to payment of money, it is used where the value of the claim is over £3000 and up to (and including) £5000.
A summary cause can only be raised in the sheriff courts

3. Is this a fairly similar procedure to the small claims procedure?

4. As I believe I am a hardship case should I define this in the prelim letter to make sure that it gets actioned immediately.
i.e monthly income approx £900 including ailment and child benefit. This month child benefit (£170) went in xth of the month, same day the bank took it all as charges - so no child benefit this month!!! I have written to them and explained that this is ridiculous nae outrageous but to no avail!

If anyone has any experience of the summary cause process I would welcome any advice and/or information.

Hope I've posted in the correct place - still have my 'L' plates on.

Cheers

[rory32]

1. Should I make a claim and send a prelim letter for the past two years for approx £3000 + and then deal with years 3-5 later once this is settled?

Normally you wouldn't split a claim as it may be viewed as an abuse of process (although this is normally only if you have claims running at the same time). However, you want to avoid an ordinary cause action as this can be a bit complicated as well as the costs consideration if for any reason you were to lose. So I think in your situation splitting it and getting the initial claim out of the way may be the best way forward.

2. In order to make this claim I would need to do so under a Summary Cause ?

Yes.

3. Is this a fairly similar procedure to the small claims procedure?

Very similar process but with some differences IMPORTANT Things You REALLY Need To Know - Updated to reflect the OFT court judgment

With a Summary Cause claim, you send your claim forms to the Sheriff Court and pay the £39.00 fee. About a week later the court will send your papers back, and you must employ a Sheriff's Officer to serve them on the Bank. This cost me £15.95. The court will send you a list of local Sheriff Officers you can use. Both the court fee and Sheriff Officers fee are re-claimable. The Summary Cause action is not as risk free as a Small Claim as higher costs can be awarded. You may wish to look at the scottish courts website.

4. As I believe I am a hardship case should I define this in the prelim letter to make sure that it gets actioned immediately.

Yes you certainly should. Although the banks often seem to ignore cases of hardship as it's not clearly defined.

This month child benefit (£170) went in xth of the month, same day the bank took it all as charges -

Have you sent the bank a first right of appropriation letter?

[archieL]

Hi Rory,

Thanks for the input much appreciated. I haven't sent a first right of appropriation letter (had a quick look in the library but can't see as yet). I have written to them a few times recently to cancel all DD's but they are still processing them all, including one's at £12.00 then charging me £35.00. I understand now that it's all to do with this new automated DD system - but it's shouldn't be down to me to fund it

I've had a brief look at the Scottish Courts website and although V informative, I think peoples experience and knowledge and just if not more valuable.

Cheers & Thank You

[rory32]

Right of Appropriation - Stop the bank from taking your money

[archieL]

Thanks Rory again,

Don't need to do this, have changed the account it goes into and have lodged another complaint with FOS. They know me by name now.

Archie
Standing up and being counted.

[Bigmac versus]

Have you actually complained to the bank about the D/D's yet as the FOS will advise you to do that first.
The banks have 8 weeks to respond to your complaint as per the FSA and you would need this time to elapse or a final response from the bank before continuing through the FOS.

[archieL]

Hi Bigmac Versus,

Yes indeed I have complained to the bank via telebanking, via branch, via bank manager etc etc

It is just a farce and each day they are adding charges for being over the o/d limit which I wouldn't be if they had actioned my initial instructions.

FOS have taken on the complaint.

I've recently had a letter from branch bank manager saying they can't deal with it at branch level??? Despite what he had told me over the phone!

Unsure who is going to deal with it now...............but APPARENTLY...... if I'm unhappy I go back to the branch.

It's like a merry-go-round but more of a stupidity-go-round!

[Bigmac versus]

Originally Posted by archieL

It's like a merry-go-round but more of a stupidity-go-round!

I know, im sure its to get you to give up but its not gonna work is it?

[texel]

I think B.O.S. have changed their tactics since the OFT case. I originally had a summary Cause case and it was settled out of court. I started a small claim on behalf of my son in Feb. BOS tried to sits it, but luckily I won and the case had to go ahead The case was called for the 28/3/08 (hearing). The return date being 21/3/08. On the 24/3/08 I phoned the court to see if BOS was going to defend if not, then I would not have to go to court. I was told that they were going to defend. 28th. no body defending BOS turned up so I won by default. Two weeks later I received an Extract For Payment which had to be delivered to the bank by a sheriff officer. Two weeks later I received a recall notice that the bank's solicitors had mistaken the date for the hearing ( even though on the Monday the 21/3 the bank had informed the court they were going to defend the action on the 28th) The recall date for the action was 23rd May. At court on the 23rd. There was another go at trying to sist the action which was again turned down and a date of 11th.July was set for the hearing.
I received a list of the defences from the bank's lawyers all to the fact that the charges were fees for the service provided by the defenders in extending facilities to the pursuer and a breach of contract was denied. The charges are neither unconscionable nor extravagant and are therfore liquidated damages, rather than a penalty.. I sent them a list of enquiries that I wanted answered at court
(1) The defenders to produce the actual costs to them for returing DDs and overdraft charges
(2) How much was charged as a monthly maintaince charge
(3) The defenders to produce a copy of the contract between he pursuer4 and the defender. There wer other things but don't want waste time here on these.
12th. June received an Incidental Application notice ( evidentally I was supposed to have loged this with the court. But I knew nothing abvout it.)
So had to attend court on the 20th june. I receive from the defenders a bunch of papers 31 pages bank account conditions for 2004, 23 pages 2006, 32pages 2007. When I went to court I held them up and stated that I would bet that noone in the court had ever received all this amount of paperwork on opening a bank account none of the pages had a signature of the pursuer!!! None of the other requests were answered. The defence lawyer stated his case . the judge asked me if I wanted a continuance for a couple of weeks, but I declined as this case was taking long enough to settle and the hearing date was 11th July when all will be settled so that was that. Any ideas of my next move?