Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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.

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Thread: Calum v. BoS

  1. #1
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    Default Calum v. BoS

    Greetings all...just one more induhvidual trying to recaim £1818 of charges (and I thought it was just me that managed to rack up these totals)

    First letter sent recorded delivery 21st Aug, confirmed received on 22nd, asked for response within seven days, now the 2nd of September and nowt received yet! Will give them till first post on Monday and then send a slightly stiffer second letter and start putting my small court claims together...

    Cheers,
    Calum

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  2. #2
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    Default Re: Calum v. BoS

    You really need to give them longer than 7days to respond. you don't have to but it shows good if it ever went to court that you have given the banks enough time to investigate and attempt to refund you the money. We all know you wont get the refund at this point but still give them enough time. I would send the 2nd letter (lbaicon) but give them 14days to respond.

    My advice is only my opinion, I am not a legal expert.

    IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

  3. #3
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    Default Re: Calum v. BoS

    Well, from the 22nd to Monday the 4th is 13 days, you would think they were getting used to answering these letters by now

    I used GLC's letter, which says seven days, rather than CAGicon's fourteen. While I don't wish to appear ungracious in my dealings with BOSicon, I also don't want to let them drag their feet for as long as they can get away with.

    How long have other BoS claimants had to wait after a first letter?

    Cheers,
    Calum


  4. #4
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    Default Re: Calum v. BoS

    Well, it's now Tuesday the 5th and no reply received...will dispatch an lbaicon tomorrow.

    Cheers,
    Calum


  5. #5
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    Default Re: Calum v. BoS

    I got my first "f " off letter about 1 week after posting. I waited about 2 weeks after my 2nd letter (lbaicon) again I was told to " f " off and they did not want to
    talk to me again. I popped down to Edinburgh Sheriff court and filed my claim, case will come to court 10:10:06. Bet you anything they will want to speak to me before then! I'm claiming £720 + 8% interesticon + £39 costs.
    I'll keep you updated.


  6. #6
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    Default Re: Calum v. BoS

    By the way, I have been looking for but can't find a page of advice regarding account closures by the bank. My credit rating is such (partly, at least, due to the charges) that I will struggle to open a full current account elsewhere, so if I can be well armed when they threaten or actually try to close my account, that would be a great help. Does anyone have any pointers?

    Cheers,
    Calum


  7. #7
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    Default Re: Calum v. BoS

    Hmm...has anyone else had zero response whatsoever from BOSicon? I've sent an request for payment, requesting a reply in seven days, and gave them two weeks then sent an lbaicon, requesting again a reply within seven days. Time's up today, and not a peep from them. It was all sent to the Mound.

    I'm rather snowed under at the moment, so they won't get taken to court until Monday anyway, but the silence is rather unnerving.

    Cheers,
    Calum


  8. #8
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    Default Re: Calum v. BoS

    Quote Originally Posted by CalumII
    Hmm...has anyone else had zero response whatsoever from BOSicon? I've sent an request for payment, requesting a reply in seven days, and gave them two weeks then sent an lbaicon, requesting again a reply within seven days. Time's up today, and not a peep from them. It was all sent to the Mound.

    I'm rather snowed under at the moment, so they won't get taken to court until Monday anyway, but the silence is rather unnerving.

    Cheers,
    Calum
    well hopefully they will continue with the zero response then you will win by default.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  9. #9
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    Default Re: Calum v. BoS

    Oh, and while I remember: was speaking to a BOSicon frontline employee acquaintance of six or seven years standing a couple of days ago and asked her if she knew anything about refunding bank charges. She told me confidently I'd get them back if I complained really loudly. Then she asked how much...when I told her she fell off her chair and said 'eh, you'll not get all that back, I was thinking you meant a couple of direct debits or something'. And she was quite genuine - didn't know anything about it.


  10. #10
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    Default Re: Calum v. BoS

    My wife started a claim against the BOSicon 4 weeks ago and today received a letter apologising for not sending a full response to the points she raised.

    They state they are still investigating the complaint and she should receive a response asap but no later than 11 October.

    Is it me or is this just an attempt to fob her off?

    Davie


  11. #11
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    Default Re: Calum v. BoS

    Re post#6, I know its a bit of a late response, but I have a little bit of research about account closures, its in my thread on pg 2 http://www.consumeractiongroup.co.uk...seeking-2.html as I am also worried about this. Still in the process of trying to open a 'Step' account with Nat West.

    Have you tried opening any other accounts or are you not going to bother for now?

    L

    ~ I'm a lover, not a fighter... well, most of the time ~

  12. #12
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    Default Re: Calum v. BoS

    No, I have no intentions of opening another account unless my hand is forced. If they close the current account, I do have a savings account that I have used in the past for a couple of standing orders and direct debits that will do to have my wages paid into. Many thanks for the link, Lucy - interesting reading.

    Davie: it is a blatant fob off attempt. At one stage last year, when I was in serious difficulty, receiving repayment notices, etc, whenever I phoned up, I gave them my name and address and with no further ado they would happily tell me what was in each of my accounts, what was due and when, and how much I needed to give them *right now*. The information is all in front of them as soon as they care to punch in a few details; this hanging around is simply an attempt to cause as many customers as possible to lose interesticon, and I'll guarantee that it is working for them to some extent: for every person that posts on here, I'll bet there are more that have received one nasty sounding letter and given up.

    Cheers,
    Calum


  13. #13
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    Default Re: Calum v. BoS

    Hopefully this will cheer you up - I just received £1000 back from them- had to file a summary cause and get sherrif officers to serve the papers on them. They had responded to both my lbaicon's tho. (with paltry amounts) I sent all my letters through to customer relations in trinity RDicon, Halifaxicon.

    Received a letter from them 2 days ago offering the full amount + court costs. They said in the letter that if i got any more charges they reserve the right to close my account.
    I have opened accounts elsewhere because i think the staff in my local branch are horrible.


  14. #14
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    Default Re: Calum v. BoS

    hi am fighting against B O S got a offer of £366 told them where to stuff it then sent them a letter after 14 days after i refused it then 3 weeks later got a another offer of £1093 i foned them to say thanks but no thanks and told them what i willing to accept they told me ok but they have 8 weeks to reply to it but hopfully it wont take that long the girl said the get hundreds of these claims every day GOOD LUCK TO ONE AND ALL


  15. #15
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    Default Re: Calum v. BoS

    Interesting - I've just got my first letter from BoS (actually, from Halifaxicon, in Leeds) after a full month. No piddly offers for me, bang in there with a Full and finalicon offer of £1085, being six month charges (doesn't say which six months). They also threaten to close my account if I do not manage it correctly, and even include a form and a prepaid reply letter. How thoughtful.

    I've been rather busy recently, so I haven't had time to submit a small claims form, but I will do as soon as. I've just found out that, despite having a sherriff court some hundred yards from my doorstep, the sherrif court's clerk is almost fifty miles away! Oh well.

    Cheers,
    Calum


  16. #16
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    Default Re: Calum v. BoS

    so just me not getting offers then? Oh well...

    BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest
    1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

  17. #17
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    Default Re: Calum v. BoS

    Yeah, you really are getting the cold shoulder treatment, aren't you?

    I think there must be a lot of thought going into this now - exactly how to manage the process to discourage as many people as possible and to limit what they pay when they are forced to. No doubt they've had a look at my account and reasoned that I wouldn't mind being handed a grand ASAP!

    Cheers,
    Calum


  18. #18
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    Default Re: Calum v. BoS

    BOSicon seems to be operating a '6 months of highest charges' offer policy. I'm dealing with this for a friend and BOS will not budge at all on this. I think I've got a bit of arm twisting to do to get my friend to agree to the small claims route but I'll get there. Good luck Cal!



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