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.
OK, so I called the bank a few weeks ago and paid the 5 pound charge to get a copy of all my charges sent to me. They have, to date, only sent me charges from the last 3 years, which amount to 1321 pounds.
I have phoned the bank and they are sending out the 2nd half of the statements (is this a common thing they do to stall for time?)
Anyway, Im a bit worried because I go away travelling on December 1st for a year-just wondering if I should (hopefully) get my money back before this?
Im worried it will drag on past my leaving date and its going to be a mission trying to claim back from overseas.
I hope I do get it back,that would be a great boost to my travel funds!
Anyway, I'll keep this thread going with updates.....
a) Waiting for the 40 days for them to send you your statements, and
b) The time it takes to get the case to Court - this can be a couple of months between you handing in the Paperwork to the Court & the hearing date.
As an educated guess, I'd imagine your only potential snag could be if you have to split the claim into 3 or more amounts, (to keep each claim under the £750 Scottish Small Claims Limit) - then the latter ones might go further than your Travelling Deadline. HOWEVER, have a word with your local Court - I seem to recall reading somewhere that you can get someone else to represent you (i.e. partner / parent?) - PLEASE CHECK THIS!! As I'm not 100% certain of it!
Good luck
** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **
I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"
The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim
OK, Ive realised I dont need the other 3 years worth of statements, Im ready to go ahead and claim for the 1321 pounds - do I send the list of charges they initially sent me back to them, with all the charges highlighted? And make a copy for myself?
Sorry if I seem dumb, quite new to all this, and im on the internet at work so I dont have the time to browse through the whole site!!
Oh dear Im such an idiot.
I was posting a few letters at the same time I posted my prelim letter and I accidentally sent the letter requesting my charges back to Nationwide, whom Ive just opened a new account with!
Aaargh! **slap**
Not to worry, they sent me it back and I have resent today special delivery
Sent to the Customer relations department in Rosyth.
OK got a reply from the bank today - any advice.
Im still paying off this debt (currently at 30 quid a month)
-------------------------------------------------------------
Dear Miss Ahmed
I refer to your complaint received 3rd August 2006, naturally I am concerned tbat you have found cause for complaint and at the outset please accept my apologies for the inconvenience this has caused you.
It is my understanding that you are unnhappy with the service you have provided especially in regard to the charges on your account.
Unfortunately this account has been migrated to a debt manager in Rosyth and you are urged to contact them as soon as possible at 0870 240 5138 to work out an arrangement on this account.
I have enclosed a copy of our complaints leaflet, which expains our procedures. Shoud any of your concerns remain unsoved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we're unable to do so, we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If I do not hear from you in the next eight weeks, I will assume you are satisfied with our response to your letter.
Yours Sincerely,
Mark Slinger
Customer Care Manager
Retail Bank Collections
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What now?! I dont want to contact anyone by phone, I want it al done in letter
Hope you don't mind but I called the number they gave you for the debt manager. (Withheld my number of course so they don't call ME back LOL) The company is Retail Bank Collections, which is the company name at the bottom of your letter, so I'm assuming they are an in-house debt collection agency for the BOS??
Give them a call, say you are not willing to discuss your account over the phone and ask for the name of the person in charge of your account and the company address so that you can write to them. then send your prelim letter to them and see what happens.
** Progress Report **
Capital One -
D.P.A. request sent R/D 3.7.06
Prelim letter claiming £900 sent R/D on 12.8.06.
Offered £345.60 25.8.06 - not accepting!
LBA sent r/d 1.9.06 = £1,249.51
Cap One refusal to increase offer rec'd 13.9.06 Lloyds TSB
D.P.A. letter sent by R/D 3.8.06
D.P.A. del'vrd 4.8.06 - 40 days=13.9.06
Statements that don't make sense rec'd 29.8.06 Cabot
CCA letter sent by R/D 3.8.06
CCA letter not yet del'vrd as at 15.8.06!!!!
Emailed Royal Mail 14.8.06 & await reply Bank of Scotland
D.P.A. request sent by R/D 12.8.06
D.P.A. del'd 16.8.06 --------------------------- If you think I've helped please click on my scales - top right.
Hope you don't mind but I called the number they gave you for the debt manager. (Withheld my number of course so they don't call ME back LOL) The company is Retail Bank Collections, which is the company name at the bottom of your letter, so I'm assuming they are an in-house debt collection agency for the BOS??
Give them a call, say you are not willing to discuss your account over the phone and ask for the name of the person in charge of your account and the company address so that you can write to them. then send your prelim letter to them and see what happens.
Thanks! Ive aready sent my prelim letter asking for the charges back though....this letter seems to be different to the standard fob off? I dont think the fact that its with a debt collection agency should make a difference though, they owe me the charges back and thats that - Im paying that debt off each month....
I'll give them a call tomorrow and tell them I want everything done in writing. Not sure what the next step is though....they have my prelim letter, so the ball is in their court now
They haven't responded postively so the next step would be the lba...?
Unless anyone else has any other advice on how to deal with the reply you received.
Sorry I'm not much help but I'm pretty new to all this myself and I've only got as far as the prelim letter stage.
I'm about to take on BOS too so I've been reading through some of the posts to see exactly what I might be up against. My DPA request letter is ready to be mailed to them tomorrow morning.
** Progress Report **
Capital One -
D.P.A. request sent R/D 3.7.06
Prelim letter claiming £900 sent R/D on 12.8.06.
Offered £345.60 25.8.06 - not accepting!
LBA sent r/d 1.9.06 = £1,249.51
Cap One refusal to increase offer rec'd 13.9.06 Lloyds TSB
D.P.A. letter sent by R/D 3.8.06
D.P.A. del'vrd 4.8.06 - 40 days=13.9.06
Statements that don't make sense rec'd 29.8.06 Cabot
CCA letter sent by R/D 3.8.06
CCA letter not yet del'vrd as at 15.8.06!!!!
Emailed Royal Mail 14.8.06 & await reply Bank of Scotland
D.P.A. request sent by R/D 12.8.06
D.P.A. del'd 16.8.06 --------------------------- If you think I've helped please click on my scales - top right.
Hi Cerise
The reply you received looks as if they are trying to scare you off.
"I refer to your complaint received 3rd August 2006,"
You already have an agreement to pay off this account, so why would you need to call them to make an agreement?
It hasn't been passed to any DCA. BOS call it "collections" as Candyfloss stated.I know, i had to go into the bank, passport (and cap) in hand (bank card had been taken off me) and ask to lift money from my account, teller would then disappear for 10 mins while she phoned collections to make sure that was ok, then come back looking down her nose at me, ansd say hmmmm weeeelllll you can have £-- as long as you're a good girl.
That b#### won't look down on me anymore when i waltz into the BOS with my new CAG tshirt (waiting on delivery) Consumer Action Group : CafePress.com
I would try not to worry about this letter.
Just send your lba when it's due.
Best of luck
"That b#### won't look down on me anymore when i waltz into the BOS with my new CAG tshirt "
PMSL !! You go girl !
** Progress Report **
Capital One -
D.P.A. request sent R/D 3.7.06
Prelim letter claiming £900 sent R/D on 12.8.06.
Offered £345.60 25.8.06 - not accepting!
LBA sent r/d 1.9.06 = £1,249.51
Cap One refusal to increase offer rec'd 13.9.06 Lloyds TSB
D.P.A. letter sent by R/D 3.8.06
D.P.A. del'vrd 4.8.06 - 40 days=13.9.06
Statements that don't make sense rec'd 29.8.06 Cabot
CCA letter sent by R/D 3.8.06
CCA letter not yet del'vrd as at 15.8.06!!!!
Emailed Royal Mail 14.8.06 & await reply Bank of Scotland
D.P.A. request sent by R/D 12.8.06
D.P.A. del'd 16.8.06 --------------------------- If you think I've helped please click on my scales - top right.
The account was passed to Westcott a few years back but Im paying that each month. Surely that wont make a difference to getting my charges back?
If I do get the total amount back - that would pay off ALL my debt with the bank and Id still have a few hundred left over.
So now that Ive sent that letter asking for my charges back, and they havent responsed positively- the next step is to file the claim?
They haven't responded positively to your request letter. So send the letter before action which states that you will take them to court if they do not pay you back the charges etc. It's in the library somewhere!
Good luck! When I was still with the BOS they were complete Wan*ers. But I'm getting my money back anytime soon now! Yay!!
I'm in a similar situation. Paying off an overdraft of £1100 by a negotiated monthly amount. Worked out there is £1800 in charges owed to me. Sent my prelim letter got a similar letter to yours. Sent the lba which they have until midweek to reply to, Have a feeling I'll be visiting the court by the end of the week to file papers. I have also stopped any payments to this account. They phoned asking me to pay it all back. I told them they actually owe me more money and I am shortly going to be filing a court claim. They don't phone or write anymore.
Go for it, and good luck. I'm about 2 weeks behind you at the mo so am watching progress with interest.
Bank of Scotland student account:
June 23 Data Protection Act sent
July 23 statements recieved
Aug 1 Prelim sent for 3660
Aug 3 comedy letter recieved
Aug 30 laughable £260 final settlement offer and LBA sent
Oct 07 Settled £1800
Cerise -V- Bank of Scotland
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Re: Cerise vs Bank of Scotland
Originally Posted by candyfloss
Re: Cerise -V- Bank of Scotland
