Thread: maggie v bos

Goodluck, you are about 2 weeks ahead of me so I will be watching with interest!!

Hiya folks...

Just a quickie to say that I sent the BOS their lba letter today, along with a copy on the charges schedule. Let the 14 day countdown to moneyclaim commence...
How many others have had success calimimg against BoS? Interested to see if they'll take me all the way.

Maggie


[MOD - HMTL Tidied up - JMio]

ianmc, that's interesting that they phoned with an offer, I sent BOS my lba yesterday for £940, (first of a few claims through scottish system)

Good Luck Maggie, we are on the same timeline so I shall watch your progress with interest.

T

Oh yeah, 4800 is a biggie. My lba went out just recently, but since I'm having phone issues, I doubt I'll get a call. Maybe a few days ahead of you, but with my non Bank schedule, I might drop a few.

best of luck

good luck

Hey folks

Just a quickie to say, BOS, 7 days and counting!! So far ther have had 7 days to respond to my lba. They haven't up to date, so 7 more, then court action commences!;-)

Maggie

Hiya folks...

Received a letter this morning from the BOS,(2 days AFTER the lba deadline) offering me £495 as a Full and final settlement!! The cheek! That's just over 10% of what I am claiming for. (they now owe me £4664!)

Went to the sherriff court yesterday to find out about starting the claim process. The sherriff clerk told me I was wasting my time trying to go down the small claim route as I am claimimg for such a large sum. He told me to start an Ordinary Action against the BoS, but this involves getting a solicitor. Help!! I couldn't affort that at the mo. I don't know what to do!!
Advice / support would be gratefully received. I really need this money back, or Hubby and I are well and truly screwed!! Plus, I have come this far, and I am DETERMINED not to give up!!

Also, does anyone have a template for how to politely tell the BoS to shove their puny offer where the sun don't shine?!! I am no good at wording these things myself!

Cheers.

You can either sever your claim into batches of £750 and do one batch at a time under Small Claims, or split it into batches of £1500 and go down the Summary Cause ......

Summary Cause does have a higher risk in as much as IF you lose the case the bank can reclaim some/most of their costs ..... small claims they cannot claim back their costs ...

I'd do some research into both options and decide which was is best for you.

Personally I have commenced a small claim, to gain my confidence and will then hit them with a summary cause on round 2

T

Hi Tink

Thanks for that. One more quick question. Can I serve more than 1 summary cause at the same time, or do I have to do the one after the other? The way things stand I would be looking at 3 summary cause claims and one small claim. It would be a lot less hassle if I could just do them all at once.
Thanks

you would need to complete one before commencing action on the next or you run the risk of the bank contesting that they all be classed together, taking you out of summary cause and into ordinary cause, which requires legal representation, and large legal bills.

Best to sever the claims and take your time ... not convenient I know but best in the long run.

Good Luck

T

Thanks tink

Just as I had suspected. Will start the process on Monday. Wish me luck. I'm starting to lose my bottle a little, but I am determined to get this money back. After all, if it wasn't for the BOS taking all these charges in the 1st place, we wouldn't be in the awful financial situation we are now.

I'll keep you posted on my progress.

Maggie

Starting mine on Monday too Maggie - let's go!!

Hi folks

Haven't been very well over the last couple of days, so I haven't actually got around to starting any Summary Cause claims yet. I was wondering about going down the Ordinary Action route though. I can't really afford to wait that long to get my charges back, if I was to break it up into chunks of £1500, as we are really struggling at the mo.

If anyone could advise me it would be really appreciated. I was going to contact the local C.A.B to see if they could help me.

Cheers
Maggie

Me again...

Have drafted this letter to BoS, declining their offer of £495. Was just wondering if someone (maybe a mod) could check it for me.

Thanks.


Bank of Scotland
Customer Relations
PO Box29112
Dunfermline
KY11 2ZX

Dear Mr Smith,

Bank Account Number: xxxxxxx
I am writing in response to your letter of the 3rd August ’06, offering me £495 as a Full and final settlement of my complaint. I would like to thank you for this offer, but I would advise you that I am declining it. £495 is only a small percentage of the charges that I feel the Bank of Scotland has unfairly levied from my account over the past 2 ½ years. I will be continuing in my quest to get these charges back in full, by way of court action.

You have a further 7 days, in which to respond positively. If no such response is received from you within the said 7 days, I will commence court action without any further notice or communication. In this case I will be claiming for the full amount of £4703, plus interest at 8%, plus my costs of raising the action.

Yours Sincerely

Maggie

Anyone...please?

If I were you, and I'm in a similar position I would just go ahead with the first claim but via the small claims route! I would edit the letter to say no thank you to the offer but that you are now proceeding with court proceedings without further notice as they already have had 28 days and I don't see any benefit to giving them 7 days further notice. If you do file court papers you can now also claim the 8% interest which will probably be quite a substantial amount so probably is worth going for it.I was hoping BOS wouldnt pay up before I filed court papers as it's £3300 I was asking for at lba stage but nearly £5000 with the 8% interest included.

Hi Gargoil

Thanks for that. I amended the letter and sent it away this morning. I too was hoping that the BOS would see sense and settle before I had to go down the court route, but seems like that's the only way to go. I have decided to give the local C.A.B a call later this afternoon (only open 3pm-6pm) and see what they say about Ordinary Action. Then, I'll commence which ever type of action. They currently owe me £4703, and with the interest it goes up to over £5000. Quite a large sum, and they had the cheek to offer me £495!!