Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Sent my letter requesting a list of charges for the last 5 years to BOS on the 9th June. I did not mention any thing about manual intervention in it. Received a letter back yesterday saying they acknowledge your letter requesting spec info .. blah blah, with regards to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request. - I didn't ask them to!!
Any way will wait for my list of charges to come through and will keep you all updated!!
Yeah be good to compare results. Just out of interest fruitycar - noticed you only claimed £740 + costs first time round - now your claiming more - is this possible in the scottish courts?
Yeah be good to compare results. Just out of interest fruitycar - noticed you only claimed £740 + costs first time round - now your claiming more - is this possible in the scottish courts?
I'm giving them the opportunity to settle the rest all in one go. I will sever the claim if it gets to lba stage,(£747, £740, £623) I'm trying to save them money (another 3 x £39 court costs, lol,)
I will make darn sure next time I get my 8%, still not sure where I went wrong, should have had £209
Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr
Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.
Did they settle b4 going to court?
I received my statements through the post today - from from June 2001-April 2004 - thats only three years, do they do this quite often and send the rest or should I write to them and inform them I only received 3 years instead of 5? The last two years are the ones with the most charges!
Good luck russ112 and fruitycar and anyone else making claims.
Also can I claim the 8% interest on the charges I am reclaiming if I only went a little over my overdraft limit each time and a charge was applied before my wages went in? Or does this only apply if the account is getting deeper and deeper in debt because of the charges? Am afraid my brain is not designed to understand finances at all!
I received my statements through the post today - from from June 2001-April 2004 - thats only three years, do they do this quite often and send the rest or should I write to them and inform them I only received 3 years instead of 5? The last two years are the ones with the most charges!
Good luck russ112 and fruitycar and anyone else making claims.
For me the later info (2004+) arrived as a computer print out (equitable to the HBOS TAKEOVER/MERGER/WHATEVER?), which at first looked confusing but actually had all the necessary info.
Also can I claim the 8% interest on the charges I am reclaiming
If you get this far 8% statutary interest is added to your claim at the Sheriff Court stage. I thjink you can, however, claim back the interest on your account caued by the unauthorised overdraft
Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr
Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.
Received my bank statements from 2004 up to date (all in separate envelopes -must have cost the bank a fortune in postage!)
I have worked out that I have been charged just over £1000 in total over the last 5 years in bank charges.
Anyway - what I am wondering is - do i send them the preliminary letter with full amount stated in it and decide later whether to go to small claims with £750 or raise a summary cause and go the whole hog. Or do I have to decide now and just mention the £750 just now?
Well, thought I'd update you all with regards to my claim. Sent off my prelim letter on the 12th July claiming for £965. Received a letter back a couple of days ago saying that they would look into my complaint and get back to me within 4 weeks. Today I received a letter in the post offering me £120 as a goodwill gesture. If I accept it I am to fill in the form they sent me with details of the bank they are going to put it into and sign it saying that this is Full and final settlement. My feeling is that I should carry on claiming for the full £965. So do I write back refusing the £120 and send them the letter before action? My worry is that I am asking for £965 which obviously I cannot get all at once in the scottish courts, so when do I sever my claim and start again asking for £750?
Must say I am a bit surprised they offered me something so quickly - I am quite encouraged by this!
you can only claim the 8% interest if you have been awarded judgement
if they settle before you've lost it I think
I'd check with a mod if I were you
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
its up to you! its your money and your decision. I would take it as far as I could!
£120 seems a bit paltry. whats that about 12-13%
no way
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
Its not really enough is it to give up the claim. I thinks I'll write and refuse. Then send my letter before action asking for £965. Will sever the claim if it goes to court
Hi Guys- been quiet for a while cos i filed my summary cause at the court house. (A bit riskier but meant i could go for the full £965 + costs at once - as you all know small claims in Scotland only goes to £750) Had to then take the papers up to a sherrif officers to serve the papers on the bank - very nervous indeed!! All went quiet - then got a letter yesterday from the bank - THEY'VE SETTLED IN FULL PLUS HAVE PAID MY COURT COSTS!!!!!! Plus instead of paying the £965 i asked for they've given me £995 by accident! YEE-HA
Congrats. But forgive me for asking.
You claimed for over 750 and you ahve a + sign in your post with costs after that. So did the amount in your post include the court costs?
Did you claim 8% on to your charges and interest deductions? What do you mean you went to sheriffs officers to serve the papers? Did you go to court and fill out your claim form there? Or did you not at this stage pass by the court and let them know what you were about to claim.
Sorry about all the Q's. I really would appreciate ansewer to as many of thes e as possible
Hi, I claimed £965 by filing a summary cause at my local sherrif court - go to Sheriff Courts in Scotland to find out about scottish court procedings. This is different from a small claim as it is riskier - i pay the banks court costs if i lose. Because it was a summary cause I had to take the papers up to the nearest sherriff officers instead of the court sorting it - and pay them to serve them on the bank. I did go for interest of 8% in the court papers and had it gone to court I would have been after that but as they settled I don't get it. I actually found the form at the above website - it's brilliant for scottish court procedings! you can do it on your computer but it won't let you save it so you have to do it at once and then print it off.
Hope this answers all your questions - any more just ask.
thank you for that reply. I have two years back fromHBOS and expecting the remaining years tomorrow. For the two years so far, my charges are 5800 and looking back my mail to my bank they charged me about 4000 in 2002-2003. So a summary case wouldnt do for this amount. I will check out the web site. Any advice would be welcome. Thank you for sharing your experiences with me.
Reclaim Begins _Bank of Scotland
plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request. - I didn't ask them to!!
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Re: Reclaim Begins
Originally Posted by jolly
Re: Reclaim Begins
If you think I have helped, informed, or amused you do the clickey scaley thing !! 