Flyermonkey Vs Bank Of Scotland ***Win

[Flyermonkey]

Another victory for the Bank Action Group after a long hard slog!

I started on this over a year ago and took on a solicitor to help me, but he turned out to be completely ineffectial so I took on another one 2 months ago.

Interestingly enough my account was with the Bank Of Scotland and I have always been resident in Scotland, but my solicitor advised me to try moneyclaim online as the Bank Of Scotland's head office is now the same as Halifax's in England and as the amount I was claiming was £4600 plus interest (£1200) it was still under the small claims threshhold in England.

It worked! They issued a notice of intention to claim and then they day before the court was going to set a date sent me a cheque for the full amount of charges, the interest as claimed and the £120 court fees.

Worth noting for any other Bank Of Scotland customers.

I am also working with my local MSP on putting out a press release about this, so if it gets published I will, of course, update the group.

[carol2]

I used to be with the bank of scotland - now the halifax, should i follow your lead and issue claim in England?

[Flyermonkey]

Yes, I just used the moneyclaim online thing from Northhampton court - the only thing is that you need a mailing address in England, one of my friends volunteered and forwarded any mail onto me. It is just a mailing address, though, as I still used my own address in the pursuer section.

[carol2]

I don't have a mailer address to use in England, - all my friends and family are Scottish does that mean I will have to follow the Scottish claims procedure??

[Flyermonkey]

The problem is that the moneyclaim online procedure explicitly asks for a mailing address in England, so if you don't have one you can't go through it.

However, someone else on one of the threads asked if they can use an english solicitor which as far as I am aware would be fine. As, again, they would be only acting as your agent - the fees shouldn't be very much as you won't be asking them to go to court on your behalf or to prepare any legal documents as you would be doing these yourself.

The other posibilty is asking if any of the moderators would act as an agent? it doesn't involve anything other than forwarding mail (in my case it was three seperate pieces of correspondance, so not exactly a lot). There are no legal ramifications for them either, as again it is purely a mailing address.

Certainly it was much easier and better for me to do the whole amount in one go under English law than trying to do 7 seperate small claims as I would have had to do in Scotland - and the time it would have taken would have meant I would still be at it this time next year.

[ecobabe]

what about a PO box number? like the banks use, would that be possible?

[Flyermonkey]

I am not sure if a PO Box is acceptable, though as you point out the banks use one so it should be.

On the court form it just asks for a mailing address (if different from your own address) so I would guess that a PO Box would be fine. Like I say i don't actually know though?

[clara]

Congratulations FlyerMonkey, I'm about to raise my own action for a similar amount (through moneyclaim) when the deadline from my LBA expires on 30th. You've really steeled my resolve! Watch this space!

[Flyermonkey]

Go for it Clara, they will roll over and when you see that cheque come through I hope you are as pleased as I was!

[reidnet]

Just one suggestion..try speaking nicely to some of our English friends online and see if you can arrange to use one of them as a mailing address.. Its Just an Idea..lol

[ehstevie]

With regards to using an English mailing address for moneyclaim. Could I/We let a mail box from (mail boxes etc) a letting company. Already looked into this briefly and the addresses they provide are normal, and they can also forward your mail on. Not too expensive either.

[bandonbhoy]

I am expecting the rest of my statements next week and then to begin the processes. However I have always lived in Scotland and the amount I estimate at the moment to claim from BoS is possibly about £11k, hence using the english court sysytem and moneyline would be more suitable. Do you have a contact address or email refrence for the PO Box?

Checxking my letter folder in my computer I have come across a letter that I wrote to bank in 2003, pinting out that they had taken over £4000 in charges during the past two years and asking for refund. There was no reply to that letter. Does that letter bear any significance to the five year period in Scotland?

[weej]

FM, does this mean if you get someone with an English address, they can go through money claim and the English courts and claim back 6 years.

I am still at early stage with RBOS and would prefer to use English system as small claims threshhold would be more appropriate to me. (and I could get another year back!)

Oh, by the way... well done!

[nikkiandmidgets]

Hiya, did anyone find out whther we can use a box number to raise a case in England instead, and if so can we then go back 6 years instead of the 5 in Scotland? Am interested to know as am doing Subject Access Request's at moment for myself, my mum and so far, 1 of my sisters so guess I will be logging over a dozen claims on everyones behalf! Away to post first batch of Subject Access Request's tomorrow.

[gargoil]

You can claim in England if the bank has a registered address in England. Im going to do that with my 2nd claim with BOS by just posting n1 forms to Carlisle court so I can claim 6 years and more than £750. You need an address in England yourself (Not a box number) to use the online system.