Hi

Can anyone help please. I have a Bank of Scotland account but where do I send my DPA request. Is is to the Bank of Scotland or Halifax?

If it's to the Bank of Scotland, do I send it to their Head Office in Edinburgh or my branch.

Thanks.

Ellie

Hi

Can anyone help? I have a Bank of Scotland account but where do I send my DPA request. To the Bank of Scotland or to the Halifax?

Thanks.

Ellie

To the Bank of Scotland. I'd send or take to your local branch, but either really

I sent the BOS to my own branch and I have a mortgage with Halifax and sent that to the address on the top of my mortgage charge letters. Best to send it to your own branch

Kaz

Sent DPA letter to my local BOS branch in March - received phone call and letter from Assistant Branch Manager. Statements were mailed to us approx. 4 days later - very efficient I thought. No mention from her at the time of cost of statements. 1 day later another letter from BOS Edinburgh (Head branch?) saying that the statements would be arriving shortly (we had already received them) and stating they would charge us £5.

Sent letter asking for refund £833.00 from 1 account and £390 from another. Letter arrived 2 days later from Assistant Branch Manager of our branch saying our concerns were still being investigated. Our copy statements had not yet been made available to her due to the high demand for this service over the last few weeks. Her investigations would be completed in 14 days when she would write to us again. It seems this Assistant Branch Manager does not really know what she is doing.

Today, a letter arrived from Customer Relations in Rosyth (standard letter I may add) with another set of the last 6 years statements saying they provide these free of charge although they have already forwarded these to us!

Oh, as a gesture of goodwill they are prepared to offer a refund of £110, basically 10%. Will phone them on Monday declining their offer of goodwill and ask for a full refund. If they do not offer this, then we are prepared to go to court. I know that in Scotland I can put in 2 separate claims for up to £750 each claim but does anyone know what happens if you lose the court case in Scotland - are you liable for their solicitors costs etc?

Keep going folks.

Keep you replies in writing.

If their offer was "full and final" then just proceed to the next stage.

Looks like they are getting flustered!

Hello Ellie41,

It is most unlikey that you'll end up actually in court, however if you do, and it is on the Small Claims roll then you will not be liable for any costs. What to do is add up all the charges, and then use the interest calculating spreadsheet on this forum to work out the interest. Then, starting with the earliest, add up charges + interest until you get to about £730. This lot will represent your first claim. It's likely that when they offer to settle, it will be for the full amount owing. Remeber that you will be treating each and every charge as a seperate and distinct item, and under no circumstances will you entertain any attempt to try to lump them into a single claim. It is best to carry through multiple claims one after the other, rather than all at the same time, or you will be in serious danger of the Sheriff lumping them together and taking it out of Small Claims.

One other thing, you should never, ever, speak to them on the phone about these things. What you are trying to do is dead against bank policy, and the chances of anyone in a call centre having the authority to refund you that sort of cash are zero, so why bother? Also, the person in the call centre has had a lot of training in debating with 'difficult' customers, so they will likely be much better at it than you! No Sheriff, Judge, Ombudsman etc., is ever going to think less of you for insisting on things in writing, so if they call it's best just to politely end the call and tell them to put it in writing.

Good luck.

Thank you both for information. Letter will be sent out on Monday.

 

I know that in Scotland I can put in 2 separate claims for up to £750 each claim but does anyone know what happens if you lose the court case in Scotland - are you liable for their solicitors costs etc?

 

Have a look here it explains how the legal process for small claims (ie up to £750) works in Scotland

http://www.govanlc.com/chargescourtaction_scotland.html

"If you raise a small claim with a value below £200 there is no award of expenses, and for claims over this sum the max award is £75. This means so long as you act in good faith and pursue a claim for under £200 the bank can't recover any expenses if you lose."

Hi

I am in the process of starting a small claim summons against Bank of Scotland but I am a bit confused as to the name and address of the defender. The first offer we got was from Bank of Scotland, Edinburgh. The second offer was on Halifax headed paper in Leeds and the last letter was on Bank of Scotland headed paper in Leeds.

Do I just put the name and address of my local branch?

Thanks very much for your help.

Ellie41

I would put the BOS head office addy, you dont have to put a name on it i.e Joe Bloggs, just the BOS.

I used the Edinburgh Head Office address on my claim, with a line in the claim that stated my account was held at XXXX branch and so came under the local sheriff court jurisdiction.

Hi Ellie

Have you set up the small claim with the court? If you live in Scotland then you can claim in the jurisdiction of your home as the money is due to be paid to you at your home. I've completed mine with a hearing date on the 27th June in Edinburgh.

Hi everyone

Goodness me, what a problem I have had trying to log in - am an AOL e-mail.

Anyway, issued Bank of Scotland with small claims summon and they have paid us £719.00 plus £39.00 court fee but no mention of 8% interest which was mentioned in the summons. Do I write and ask for it back or just leave it?

Thanks

Ellie41

5 threads merged - please do not start a thread for every question!!

I have written to them saying that the claim is not settled until the 8% interest is paid. Have you notified the sherriff court that the claim is not settled?

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