Should I wait?

linngee · 26th April 2006, 19:03

I've spent a couple of days going over the FAQs,templates etc but have a couple of questions and intend to learn as much as possible before acting to get my charges refunded. I have my statements for the last 6 months and another one due next week. The charges for this period alone will take me to almost the £750 small claims limit. So my question is can I send the first letter asking for a refund at the same time as a Data Protection Act request for the period prior to October last year or should I be patient,put in the Data Protection Act,wait up to 40 days and start with the furthest back charges? I reckon I've only had charges for the last 2-3 years as didn't use the account much before then. Also are the template letters in the library only for use in England as I'm not sure whether to use them or the Govanlc ones? I'm also worried about the bank closing my account - what happens to your benefit payments,direct debits etc if they do this? I'm going to open a new account with another bank before sending my first letter but I don't think I'll be able to get more than a basic account while all my benefits are going to the Bank of Scotland account. I'm tempted to transfer my account to another bank before I do anything, for peace of mind. Finally, has anyone had success with having their charges etc refunded in Scotland - I'd love to know. Sorry for so many questions. I know I still have a lot of homework to do before I take action.

26th April 2006, 19:05

Do the Data Protection Act 1st, be paitent things will come!

Otherwise you could end up running out of the time you have given them 14=14 days to refund charges and you may not have had the statements by then!

Good Luck!

Lou x

linngee · 26th April 2006, 19:52

Thanks Lueeze

I do have all my statements for my first £750 small claim though. I'm going to have to do 2 or possibly 3 separate claims due to the Scottish small claims £750 limit. I thought I could maybe start action on my first claim, then follow with second (if first is successful!) once I have all of my other statements.

Neo · 26th April 2006, 20:02

I don't see why not then if that is the case... Just make sure you don't run ANY of your claims together...

Good luck and please make sure you read and understand the whole process before you send the letters..

Just ask if you have any probs, we're here to help

Robertxc · 7th May 2006, 20:39

Neo's right, if you've got the statement for the first lot, you might as well get on with it. It all seems a bit daunting at first, but as Neo says, read the FAQs and you'll be fine. The chances of actually having to attend court would appear to be virtually no-existant.

Good luck

deemacperth · 9th May 2006, 16:21

Go ahead and lauch the 1st claim. Running more than 1 claim concurrently is dangerous as the bank will apply to get them heard together that may push you out of the small claim track. So use the Data Protection Act request time as a spacer.

Robertxc · 9th May 2006, 18:03

No, this is not correct. I only say this because I've been caught out this way before. Do a complete claim from beginning to end, then start the next one. Even if you have to claims at different stages, the judge is very likely to combine them if they are both in the system at the same time.

Ewan · 10th May 2006, 01:09

Thats what they said, whats not correct about it, do you mean the using the Data Protection Act as a gap?

Robertxc · 10th May 2006, 08:07

Imean having any overlap with your cases. You need to run them sequentially, one after the other, not concurrently.

deemacperth · 10th May 2006, 14:53

Quote:

Originally Posted by Robertxc

Imean having any overlap with your cases. You need to run them sequentially, one after the other, not concurrently.

Thats what I said. To quote myself:

"Running more than 1 claim concurrently is dangerous"

linngee · 10th May 2006, 16:32

lol - I'll definitely complete one before starting the next. I wonder if you win your first claim if they'll give you the next one more easily. Time will tell (I hope!)

Robertxc · 10th May 2006, 16:46

You need to be a bit careful about that. During the first one they may make you an offer 'in full and final settlement' of all everything for ever. I'm not sure if they could legally enforce it, but it might well make it trickier to go back for a second lot. If that happens I suggest you speak to a lawyer or come back to the forum and get some guidance from one of the Moderators before you agree to anything.

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