smoorach V bos.... let battle commence

**smoorach** · 22nd August 2006 23:11

i have started this thread maybe a little early as i am awaiting my complete set of statements but thought id be prepared as i am finding all this info a bit of a minefield and will probably need to ask lots of questions. unfortunately i have paid two separate lots of ten pounds as i didnt realise i could do two accs on the one letter. duh. at the moment i am paying roughly £98 per month on two accounts so expecting my claim will be quite large. wish i had known i could do this a while ago as i had a credit car with RBS. in total i had spent just over £800 but when they had added default charges the total was over £4,500. as it was mounting up i stuck me head in the sand and hoped for a miracle unfortunately all i got was a Breakdown. my partner paid it off for me otherwise god only knows where i would be today. this all happened over five years ago so dont think i can do anything about it now however no bank will get away with it any longer with great sites like this one on the go. as soon as i get my statements through i will post here. please look in and keep me on the straight and narrow.

BOS~ Data Protection Act sent
~ statements received
~ owed £1766.82
~ prelim letter sent 30/08/2006:grin:

bos Data Protection Act sent
~ statements received
~ owed £1217.86
~ prelim letter sent 30/08/2006:grin:
jules

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**smoorach** · 30th August 2006 11:45

ok got to the first hurdle now so wish me luck. im hoping they wont make this too hard as im still not sure what im doing however getting loads of help via chatroom so here goes

**smoorach** · 1st September 2006 02:58

just discovered that the credit card was still being charged to my account in 2002 so am trying to get info from RBS on this. letter in tomorrow requesting data. took zoomans advice and paid a trip to local court for a while to see the set up cant reccommend this highly enough as it subdued the nerves and made me feel a little more confident. also decided to take my first approach letter to the bank in person. best sport ive had in a long time they ran round like headless chooks lol try it its fun for the boot to be on the other foot made them really squirm.

**gargoil** · 1st September 2006 09:38

And don't worry about paying two lots of £10 SAR icon

fees, you'll be getting them back in due time!! Are you claiming in Scotchland!?

**smoorach** · 2nd September 2006 08:01

glad im getting them all back however felt a bit silly admitting it as i had read through the faql quite a few times. never mind though lol maybe i should work in a bank where the policy seems to be to charge needlessly. i am putting these two cases through the scottish court system however i may do one of the others through the english system as the £750 limit makes things fiddly and then i can do a comparision between the two. might as well gain something out of this as knowledge as well as my money of course hehehe. actually quite looking forward to it. would be nice if i get this done in time for christmas. just one point.... i have no overdraft outstanding and ive paid everything off so if they close my accounts i have nothing to lose. am going through the process of finding out my credit score at the moment and if there is anything dodgy on it THEY had better watch out.
have spent quite a few hours in the chat room and the support is absolutely amazing. thanks guys i wouldnt have the confidence to do this on my own

**smoorach** · 4th September 2006 01:12

ok well got my credit report back and lo and behold there is an entry on it fir a defaulted BOS loan for £2452 which has an outstanding balance of £2452 from 2002....... surprised? well i bloody was . especialy as ive never had a loan with bos. so its off to the bank i go in the morning as apparently according to the amoeba i spoke to at bos telephone banking they cannot do anything computerised about this and it all has to be done manually????? not sure which disney book she got this info out of but will see what is said in morning..... WATCH THIS SPACE

**smoorach** · 21st September 2006 12:29

ok just to update this thread i am now getting a bit worried as ive 7 days left before i file at court and i havent heard a single word from them....nope not one. popped in to see my bank manager who assured me the letters had been forwarded to the right dept and they would be in touch with me before the 19th. that was two days ago and still nothing. is this usual?

**smoorach** · 3rd October 2006 17:18

update.
ok well today i filed at court and wanted to put these steps down, costs and time guides for others who are thinking of claiming so bear with me here as i go through it all.
step one..... requested my statements........done within the forty days
step two......prelim letter handed in on ........30/08/06
step three....lba handed in on ......................14/09/06
no communication from the bank other than to say it is being dealt with. oh yeah right so file it in the bin guys see if i care. ill see you in court. lol

step four.....court papers submitted on .........03/10/06

ok so costs well it was £10 for dpa SAR
£39.00 court fee for summary cause..(this was advised by court instead of splitting claim so much and carries a limit of £1500.00 instead of the £750.00 for small claims it means i could be liable for costs upto £750.00 if and only if i lose which is highly unlikely and only then if the judge awards them costs against me again highly unlikely as i am taking this to court myself)
id just like to add here please if you have any queries ask your court as they are most helpfull and will do thier best to answer any questions you have they will also check your documents submitted if you ask them to. which im glad i did as the wrong form downloaded and it was almost the same as the one i should have used. they spotted it gave me the right form and waited until i had filled it in.

£15.00 to get sheriffs officers to serve papers this is the fee if they can do it by post so i asked which address was most likely to have someone who would sign for it and was told to send it to BOS address at rosyth. if they cant do it this way it costs you a further £28.00 to serve personally. this has to be done by a solicitor or sheriffs officer.
this has to be better than doing it on the internet hehehe i havent enjoyed something so much for ages. anyway now just need to wait for the court to get in touch.
i hope some of you newbies find this informative as i realise there is a lot of information on this site for you to read through and not all of it is very clear. so im trying to set this out as simply as i can to give you a real idea of what you have to do and how much it will cost...(you just now, but ultimately the bank as you get these costs back)
if theere is anything i havent covered on here that you think would be good to include please let me know either on this thread or by pm
good luck to all who dare.

**smoorach** · 27th October 2006 18:46

ok my court date was allocated a week after filing. 17th november.
however this morning i received a full unconditional offer.
wooooooooohoooooooooo
iwon i won i won. lol
many many thanks to CAG my donation will be in on monday or tuesday when money clears into account.

willowb · 27th October 2006 22:49

CONGRATULATIONS SWEETIE

I bet your weekend is looking fabulous!

Wxxx

**Solowka** · 2nd November 2006 20:49

Thats fantastic Rach

CONGRATULATIONS!

Spend wisely lol

**lostinparadise** · 2nd November 2006 20:53

Yey Congrats Smoo.

EnjoyXX

LIP

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