Assistance required pict v's BOS

[pict]

Firstly I would like to thank everyone that has helped me get this far.
I have started a new thread as it took a lot of dumb questions from me to get to this stage

The story so far………..
S.A.R sent 05/09/06 – Reply received 20/10/06
Charges are as follows:
2000 2001 2002 2003 2004 2005 2006 Total
£1620 £380 £740 £131 £2064 £639 £1430 £7004

Request for repayment of charges posted 01/11/06 requested full repayment of £7004 in charges – reply received 06/11/06
Standard letter received stating
“I am sorry to learn that you are unhappy with charges applied to your account. We’re keen to deal with your concerns as quick as possible. A customer relations manager will investigate the points you have raised and you will receive a reply shortly, but no later than 4 weeks”

I then against my better judgement waited.

Received a letter 29/11/06 saying that they were sorry that I had not had a full response to my concerns. We are still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no latter than 3rd January 2006.

Sent letter before action requesting full repayment of £7004 04/12/06

The day after posting the letter I received a conclusion to the investigation dated 01/12/06. The letter when through the standard bank charges are fair bumf before this paragragh that stated “ as a gesture of good will I would like to offer you £1620 in full and final settlement of your complaint. I must stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept this offer please sign and return the enclosed acceptance form in the pre-paid envelope. You requested information on how we calculate our cost for dealing for dealing with these transactions. Please note that we are not obliged under the data protection act to supply this information, and as it is commercially sensitive, I regret to inform you that I am unable to comply with your request.”

The acceptance form states: I confirm that I accept the offer of £1620 from Bank of Scotland in full and final settlement of my complaint regarding bank charges made on my bank of Scotland accounts.
The word accounts used at the end worried me as I am also working on charges on a BOS credit card and BOS preference account. This acceptance seems to suggest that if I was of a mind to accept (which I am not)I would then not be able to claim from any other BOS accounts
I have no intention of accepting this offer anyway as it falls way short of the total charges.

I would like some advise on how to proceed as I have already sent the letter before action prior to receiving this offer.

[pict]

I posted rejection of offer letter 6/12/06. Hope I'm doing the right thing!

[bandonbhoy]

I had similar response from them offering me £3000 in full etc. attached is email from BOS employee attempting to help me get my statements for other accounts.
"Dear XXXX, sorry about this, I have asked yyyyy one of my
colleagues to ensure that this information is obtained along with the
data that bbbb is compiling. Although not actually at the sharp end
myself, I am finding the issues relating to your account a little
perplexing. So I guess I have a good idea how you feel. Please bear
with me a little longer as I do not take defeat well and am determined
to resolve this. Hopefully this will identify what the problems were
and ensure that we can ensure that they do not happen again."

This expressed sentiment was as the bank was run all those years ago, before capitalism and maggie got her way to drive the folks out of their jobs and the guys in grey suits to purses of the people in the country. Every time one of these fat cats gets a pay rise he doesnt care whether he desreves it, but sees the consumers as the fodder to pay for it.

[pict]

Cheers bandonbhoy interesting reply.
Before I found this site I felt sure that if I reported the BOS branch to their HO I would get some kind of investigation and settlement as it seemed clear to me that they had mis-managed the account through credit levels and charges.
I don't think that as much now but their must be people within the banks that feel that some of the accounts and branches are being mis-managed and they have been using peoples financial problems to inflate their profits.

[pict]

Ready for court action to start on the 19th still no response from BOS. I will keep you informed.

[pict]

The story goes on..............

Started Summary Action for first £1500 of claim on 14/01/07

Charges date are 22/12/99 to 01/09/2000

Return date set as 28 Feb- the bank has failed to respond

Handed in form 11 today(Form of minute - no form of response lodged by defender)

Will phone office again on Monday to check for response

Hearing Date 07/03/07

I am really surprised that the bank has failed to defend a case that in their eyes fall outside the limitations act(5 Years Scotland).

Has anyone else had this happen?

Cheers...

[pict]

Update.......
Phone the sheriff's clerk today(Tuesday) and the HBOS has still not submitted a defense.
I'm off to court tomorrow to see what happens.
I'll post an update tomorrow.......

[pict]

Just returned from court.
We have been granted a decree and will receive the extract on the 22nd March.
Thanks to everyone who has helped me get through this. Lets hope nothing else happens and they pay up.

[speedy1uk]

Well done pict. Have been watching your thread with interest. Have just sent first letter for refund, as per my thread.

One question, did they offer any kind of defence or turn up at court?? I am in the position where I am going to need to raise an ordinary action. My claim is over 7K and don't want to risk splitting it, so am keen to see how they handle court.

Here's hoping the money in your hand before you know it.

Jacky

[pict]

Jacky, They never offered any defense nor did they turn up in court. If you are going down the Ordinary Action Route I think you can almost guarantee
that they will ether defend or settle.(Hopefully the latter)
Good luck with your claim........

[speedy1uk]

Thanks pict.
Hopefully will settle before hand, but speaking to a solicitor just in case .
Will keep an eye on your thread to make sure they pay you quickly .

Jacky

[themacs]

Hello, just joined the site. Am trying to reclaim £3300 back from the Bank of Scotland. What's the procedure for taking them to court when it's this amount?

[roadrunner]

Hi Pict,

Well done you
It's all been worthwhile now ....
Still haven't heard anything from the Halifax, return date 22nd March, so countdown has begun Hope you have your money soon
X

[pict]

Themacs,

The best way would be an Ordinary Action if you are in Scotland as Small Claims limit is £750 and Summary Action is £1500.
If you have access to an English address you also may be able to pursue it through the English courts their limit is £5,000.
Try to read as many threads as possible before you make your mind up which route suits you best.
read this thread first:
Urgent Attention Please Read - Claims in Scotland - Consumer Action Group

Good luck.

[Giveitback]

Hey Pict

Hope things are going good for you.

Just to put in some info. HBOs didn't show for my court date, I won by default and got an extract for payment 18/01/07. Still nothing. I contacted sheriffs officers, who 2 weeks ago, made a charge for payment of money, they had until today to pay up or

"If you do not pay this sum within 14 days you are liable to have further action taken against you including the arrestment of your earnings and the Attachemnent and Auction of Articles belonging to you. You are also liable to be sequestered (declared bankrupt)."

Woo-hoo. So tomorrow I call the Sheriffs officers to see what happens next. And if they go in to arrest earnings/attach and auction articles, I'll be there with my camera.