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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

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.

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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London
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  1. #1
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    ianhduncan Novitiate

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    Default ianhduncan vs BOS newbie help required...please

    Hi
    I'm a new member and I've been looking through this site for the last few days, trying to take it all in.

    First of all I live in Scotland.
    Since I opened my BOSicon account in 1998 I have retained all my statements. (I always told my wife they might come in handy)
    I've composed a spreadsheet of my last five years charges.
    The charges are listed into 2 main types.
    1. Excess O/D Charge,
    2. Charges to <date> & interesticon to <date>

    charges 2 always appear together in the statement.

    I therfore do not require to obtain a list of charges to my bank, so I should now be ready to write a Preliminary approach letter.

    In the template in the section 'What I require' .
    The first value, is this all Excess O/D charges + Charges to <date> ?
    And the second value, all Interest to <date> amounts ?

    I know I've more questions, but the answer to these would help get me started.

    many thanks
    Ian


  2. #2
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    CalumII Novitiate

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    Default Re: ianhduncan vs BOS

    Not Ian Duncan the piper by any chance?

    I'm no expert, feeling my way through all this myself, but my understanding is that the first amount is as you describe. The second one is only the interesticon that has been charged because the charge made you overdrawn - so if you were charged, say, £100, and this made you overdrawn by £200 for two weeks, your interest claim is for interest on £100 for two weeks. Yes, it's rather complicated to work out

    Cheers,
    Calum


  3. #3
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    ianhduncan Novitiate

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    Default Re: ianhduncan vs BOS

    Hi Calum
    Unfortunetly I'm not a piper, I couldn't even hold a tune in a bucket !
    Thanks for the info, I've now calculated the charges and interesticon. I've now sent the PA letter via recorded delivery.

    i'll keep this post updated with my progress.
    cheers
    Ian


  4. #4
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    livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad Authoritative livelylad's Avatar

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    Default Re: ianhduncan vs BOS

    good luck Ian, read bigcols thread in the RBSicon forum it very good for dealing with rbos.






    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.

  5. #5
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    ianhduncan Novitiate

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    Default Re: ianhduncan vs BOS

    The BOSicon received my letter on the 15th Sept (posted 11th Sept) and sent me a letter about them investigating and could take up to 4 weeks.
    I've now got my lbaicon letter ready to be posted.
    Should this not be posted until 29th Sept (14 days after they've replied to my PA letter ?)
    Any info appreciated
    Ian


  6. #6
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    Firey Novitiate

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    Talking Re: ianhduncan vs BOS

    I have done the same thing. I just got my investigation letter and little booklet on how to complain today. I will give them 14 days from today and then send the next letter. I think your about 4 days ahead of me. Good Luck ! Firey


  7. #7
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    Default Re: ianhduncan vs BOS

    Well, not heard back from the bank, so I've posted my lbaicon today, they should receive tomorrow (29th).
    I'll keep this post updated with my progress.

    cheers
    Ian


  8. #8
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    tomarydoll Novitiate

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    Default Re: ianhduncan vs BOS

    Hi there
    first time using this site and looking for some advice
    i am at the stage ready to put info into spreadsheet but cant seem to locate it (having a dumb moment)
    1. how do you get the spreadsheet? where is it located


  9. #9
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    ianhduncan Novitiate

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    Default Re: ianhduncan vs BOS


  10. #10
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    ianhduncan Novitiate

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    Default Re: ianhduncan vs BOS

    Right, just back from holidayicon, received another fob off letter from the bank.
    Time for court. I'm going to do it using a Summary Clause as the cost is about £1100, this will save having to do multiple claims.
    Any major differences between using Small claims and Summary Clause (Remember I'm in Scotland)?
    thanks
    Ian


  11. #11
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    Default Re: ianhduncan vs BOS

    apart from potentially exposing yourself the the bank's legal costs - nothing really.

    99.9%chance this wont happen as
    a) the judge is highly unlikely to award costs to a bank at the expense of an individual and
    b) It wont get to court anyway!

    in other words......"Fill yer boots!"

    j

    1/9/06 RBS claim #1
    8/11/06 - claim settled
    17/11 claim #2 started - incl creditcard
    30/11 - CC statements received
    31/11 - Prelims issued - RBS paying up, only M/C to go)

    If any of my advice/ info has been helpful, please click the scales

    Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional

  12. #12
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    Default Re: ianhduncan vs BOS

    Thanks for the prompt reply.
    Do you know where I can get the Summary Clause forms?
    thanks
    Ian


  13. #13
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    Default Re: ianhduncan vs BOS

    you can get them here:
    Summary Cause Forms

    I believe you only need forms 1 and 1b


    also, have a read through scotias thread at

    http://www.consumeractiongroup.co.uk...procedure.html


    This shoud give you everything you need.

    j

    1/9/06 RBS claim #1
    8/11/06 - claim settled
    17/11 claim #2 started - incl creditcard
    30/11 - CC statements received
    31/11 - Prelims issued - RBS paying up, only M/C to go)

    If any of my advice/ info has been helpful, please click the scales

    Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional


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