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)


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  1. #1
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    weirgo Novitiate weirgo's Avatar

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    Smile WEIRGO Vs B.O.S(cum)

    I am finally ready to begin claiming my charges back from the bank. I have filled out my request for my statements but I am not sure as to who to send it too.

    Would I send it to my local branch??

    Or to the B.O.S. head office??

    Can anyone advise?


  2. #2
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    Solowka Novitiate

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    Default Re: WEIRGO Vs B.O.S(cum)

    i`d send to the local branch, then correspond with the addy you`ll get when you get your statements, but head office is just as good, its entirely upto you.



  3. #3
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    Talking Re: WEIRGO Vs B.O.S(cum)

    Thanks Solowka


  4. #4
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    weirgo Novitiate weirgo's Avatar

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    Smile Re: WEIRGO Vs B.O.S(cum)

    That's my DPA SARicon sent off by recorded delivery to my local branch. How long does it usually take for the statements to arrive?? Has anyone recently posted off there SARicon form??


  5. #5
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    Default Re: WEIRGO Vs B.O.S(cum)

    Hi Weirgo,

    They have up to 40 days to respond. I sent my letter to them on the 14th of August and the info was there for me when I returned from holidayicon on the 20th September. So it arrived sometime before then.

    However.................. only 2 yrs worth of statements had been provided, not the 5yrs worth that I had asked for. I followed this up with a letter, to which I've had no reply. I have also telephoned phonebank. The guy said to me that they should arrive within 5 working days.....so sometime this week.

    Seems that this has happened to a few people with BOSicon......incomplete info arriving. Stalling us perhaps??

    But keep at em......stick to the guidelines and timetable.

    Good luck, I'll be watching your progress with interesticon!!

    Darren

    BOS - WON - £5.6k
    ------------------------------------------------
    Virgin Mastercard - WON - £300
    ------------------------------------------------
    Barclaycard - WON - £200
    ------------------------------------------------
    Lloyds - WON - £1.6k

  6. #6
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    Default Re: WEIRGO Vs B.O.S(cum)

    After sending my S.A.R. form to my local branch I recieved this letter yesterday.

    Dear Weirgo,

    Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for a list of all transactions and charges relating to your banking history. There is normally a £10 charge for a formal request; however in the interesticon of customer services this will be provided free of charge.

    I understand that you would like to recieve information about specific transactions, where manual intervention was required. Please understand that we are under no statutory obligation to record the information you require, thus we are unable to comply with your request.

    You have requested a copy of duplicate statements for the last 6 yearsicon. There is a charge of £5 for duplicate statements however, in the interest of customer service; I have ordered the statements for you for no fee, and should be with you in due course.


    Has anyone else recieved a letter like this one. I had enclosed a cheque for £10 but they sent it back to me....not like them eh!!

    Would like to know what you think...

    If I had to take them to court (big IF) how would it be percieved about the manual intervention with regards to charges as they are not stating that they did or didn't intervene??

    S.A.R. sent 06/10/06

  7. #7
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    Default Re: WEIRGO Vs B.O.S(cum)

    I received a letter stating likewise. I would imagine that makes our case stronger as they are not able to prove manual intervention so therefore cannot justify the need for such high 'maintenance costs' on our accounts.
    Although this is just my opinion


  8. #8
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    Default Re: WEIRGO Vs B.O.S(cum)

    yes this is a fairly standard response from BOSicon (although they cashed my cheque-claimed it back tho ). Don't worry you WILL get your money and don't accept anything less than the full amount-plus 8% interesticon if it gets to the moneyclaim stage.

    Bank of Scotland account
    S.A.R - (Subject Access Request) sent 13/7
    Request for Payment-sent 11/8
    L.B.A- sent 25/8
    MC- filed 8/9 Deemed served 13/9
    SETTLED IN FULL-9/10

  9. #9
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    Default Re: WEIRGO Vs B.O.S(cum)

    Thanks folks that clears that up.

    Can't wait until my statements arrive to see what they have charged me over the years.

    Keep up the good work

    S.A.R. sent 06/10/06

  10. #10
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    Default Re: WEIRGO Vs B.O.S(cum)

    Quote Originally Posted by weirgo
    Thanks folks that clears that up.

    Can't wait until my statements arrive to see what they have charged me over the years.

    Keep up the good work
    Hi wiergo!

    If you can remember, we sent our SARicon letters off on the same day, so far I've not received anything from BOSicon.

    How impatient can I be, they have 40 days I guess.

    I'll keep you posted.

    MelanieGB


  11. #11
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    Default Re: WEIRGO Vs B.O.S(cum)

    i requested my statements form B.O.S. on the 14th August. They cashed my cheque on the 22nd August. I phoned them on the 18th September for an update on my request and they had no record of it. Despite cashing the cheque.I was informed it would be dealt with. I decided to post a reminder letter that day - 18th Sept. Within 2 days the Statements started arriving in. I got 28 envelopes of statments and 2 huge packages of statements going way back to 1998. Despite only requesting the last 5 years. They were a wee bit slow in responding but I must say I was impressed to receive them all in the week commencing 25th September. It does pay to give a reminder call / letter to them. R. Delivery of course

    14/8/06 - S.A.R Request to B.O.S for C.Account + 2 C. Cards Statments. Sent to HBOS, The Mound, Edinburgh (R.Delivery)
    18/09/06 - S.A.R. Request Reminder Letter sent to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)
    19/09/06 - 01/10/06 - Requested Information Received - Various Packages and Letters
    11/10/06 - Prelim Letter Posted to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

    18/10/06 - Letter Received from HBOS as follows "your complaint will be passed to a Customer Services Manager....get back to you within 4 weeks"

    01/04/07 Full Charges Received. Small Claims case won as bank failed to lodge defence. They initially refused to pay up and it was only through contact with a Sheriff Officer that they done so.

    Case Closed - Hurrah

  12. #12
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    Default Re: WEIRGO Vs B.O.S(cum)

    Quote Originally Posted by mar10funster
    i requested my statements form B.O.S. on the 14th August. They cashed my cheque on the 22nd August. I phoned them on the 18th September for an update on my request and they had no record of it. Despite cashing the cheque.I was informed it would be dealt with. I decided to post a reminder letter that day - 18th Sept. Within 2 days the Statements started arriving in. I got 28 envelopes of statments and 2 huge packages of statements going way back to 1998. Despite only requesting the last 5 years. They were a wee bit slow in responding but I must say I was impressed to receive them all in the week commencing 25th September. It does pay to give a reminder call / letter to them. R. Delivery of course
    Thanks mar10funster, I will give them another week or so and then do a reminder letter.


  13. #13
    willowb
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    Default Re: WEIRGO Vs B.O.S(cum)

    If they do go over the 40 days and you have reminded them, regardless of any response you may have had, this is the pdf form you can print off and send to the ICO....

    http://www.ico.gov.uk/upload/documen...aints_form.pdf


    Let the bank know that you have complained to them.

    Wxx


  14. #14
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    MelanieGB Novitiate

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    Default Re: WEIRGO Vs B.O.S(cum)

    willowb, thanks for the support!


  15. #15
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    Default Re: WEIRGO Vs B.O.S(cum)

    Recieved one batch of statements so far and then a letter from HBOSicon stating that they had recieved my request (from my local branch) and will be sending out my statements in the coming days. They also debited my account £5 for the service after saying they would provide them for free ( nothing in life is for free eh!!).

    Not had time to have a good look over the statements, but at a glance something don't seem right. All the charges seem to be for £20....whereas I am certain that all my charges have been for £30. Going to dig out some original statements and see whats what.

    S.A.R. sent 06/10/06

  16. #16
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    MelanieGB Novitiate

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    Default Re: WEIRGO Vs B.O.S(cum)

    Quote Originally Posted by weirgo
    Recieved one batch of statements so far and then a letter from HBOSicon stating that they had recieved my request (from my local branch) and will be sending out my statements in the coming days. They also debited my account £5 for the service after saying they would provide them for free ( nothing in life is for free eh!!).

    Not had time to have a good look over the statements, but at a glance something don't seem right. All the charges seem to be for £20....whereas I am certain that all my charges have been for £30. Going to dig out some original statements and see whats what.
    Hi,

    It seems you are having more luck than me. I've not heard anything yet, I have sent them a reminder letter today.

    Melanie


  17. #17
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    Red face Re: WEIRGO Vs B.O.S(cum)

    Arrived home yesterday to find the past three years statements waiting for me. Added up all the charges and it came to just under £1500.

    Has/when anybody has claimed in the lbaicon in Scotland, do you go for the full figure and when they don't play ball cut it down to £750 so you can pursue it through the small claims court.

    Or do you have to start with £750 and pursue that and then start again???

    S.A.R. sent 06/10/06

  18. #18
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    Default Re: WEIRGO Vs B.O.S(cum)

    Anyone help me with this??

    S.A.R. sent 06/10/06

  19. #19
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    Default Re: WEIRGO Vs B.O.S(cum)

    Firstly, you need another 2 years statements (you can claim for 5 years). Then issue requests for repayment for the whole lot and only if they dont settle, then cut down to £750 (or £1500 under summary cause). At worst, you may have to file 3 or 4 claims, but they might settle in full before that. You never know?!

    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

  20. #20
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    Default Re: WEIRGO Vs B.O.S(cum)

    thanks weej gonna chase up those other 2 years so I can get the ball rolling.

    S.A.R. sent 06/10/06


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