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.

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.

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Thread: Mur V Bos

  1. #1
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    murmagic Novitiate

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    Cool Bank Charges

    Hello everybody,

    I've heard rumours that you can claim back bank charges,is this true and can anyone help please


  2. #2
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    dolly Novitiate dolly Novitiate dolly's Avatar

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    Default Re: Bank Charges

    Yes it is true.

    You need to read around and find out how to go about things. Especially the FAQ's and step by step guide.


    Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.


    ** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

    ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **
    Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....







  3. #3
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    murmagic Novitiate

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    Default BOS bank charges

    Hi everyone,i'm just beginning to get my bank charges refunded back to me from the BOSicon.Doe's anyone out there know where i send the Data Protection letter and would i write the cheque for the £10 fee to the BOS,cheers


  4. #4
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    Default Re: BOS bank charges

    Hello and welcome,

    I personally would post it to your local branch. Make sure you send it recorded delivery.

    Then spend time reading the FAQ’s here:

    http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

    The letter templates you’ll need are here:

    http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

    And guidance notes are here:

    http://www.consumeractiongroup.c o.uk/forum/guidance-notes/

    Finally start a thread in the bank forum relevant to you. That way you can keep a timeline of your progress and receive help and support where needed.

    Best of luck with your claim.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  5. #5
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    Default Length of time i can claim from

    Im led to belive i can only claim back 5 years of charges in scotland.Can someone tell me if this is true.Cheers


  6. #6
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    Default Re: Length of time i can claim from

    Hi murmagic,

    I am not aware of Scotiish law myself but if you start a thread in the forum relevant to your bank, someone in there should be able to help you
    .

    Good luck


    BEFORE
    starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

    If you win, donate to this site
    Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.


  7. #7
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    Default Still waiting on statements after 40 days

    I requested my statement 40 day ago and the Bank of Scotlandicon cashed my cheque 4 weeks ago.I still havnt recieved anything yet.Does anybody know the next step i should take


  8. #8
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    Default Re: Still waiting on statements after 40 days

    Contact your bank and explain the situation to them. Explain that they are breaking the Data Protection Act and advise you will report them if they do not comply!

    14/09/2006 - Data Protection Act letter sent to my bank.............here goes
    28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000
    04/10/2006 - Prelim letter sent for charges of £2037

  9. #9
    willowb
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    Default Re: Still waiting on statements after 40 days

    If, like me you're not very confident on the phone, try writing a letter. I've sent a letter similar to that below with great effect in the past with Capital Oneicon.....I got the statements within 3 days of sending it!!!

    Data Protection Act 1998: Subject access requesticon
    Dear Sir/Madam,

    Unfortunately you have failed to comply with the Data Protection Act Subject access requesticon which I sent to you, dated 14th August 2006. If you do not comply within the next 7 days I shall be making a formal complaint to the Information Comissioner and taking further appropriate action if needed.

    Wxx


  10. #10
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    Default Not quite sure

    Hi eveyone,
    Could anyone help me,i've put my claim with the BOSicon for £946 without the interesticon and i was wanting to know on my lbaicon letter would i put the £946 amount or would i break it down to £750 and £196 as i live in scotland.


  11. #11
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    Default Re: Not quite sure

    Hi Murmagic,
    If you are sending your lbaicon include the full principle sum of money that you are claiming for (£946.00). Include your spreadsheet but without the interesticon.

    Remember to state at the end of the LBA letter something on the lines of -
    "If you do not comply fully within 14 days then i shall begin a claim against you for the full amount as stated, plus interest, plus my costs and without further notice"

    (You will only get the interest back if you win the case in front of the sheriff, or if they default after 21 days when you register the claim at court so don't include the interest spreadsheet until you register the claim at court!)

    After the 14 days are up you would be better registering the claim through the Summary Cause route at the Sheriff Court. This costs the same £39.00, and is basically completed the same as the Small Claims paperwork. (check with the staff in your sheriff court, they are normally very helpful)

    Good luck, let me know how you get on.......
    Cheers T.D.


  12. #12
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    Default murmagic v bank of scotland

    Hi everyone,
    I sent my lbaicon 2 weeks ago and the deadline has now passed .i sent my letter registered post but the bank have not replied to me.Do you think i should give them an extension or should i start proccedings with the court ?


  13. #13
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    Unhappy help filling in court document

    Hi everyone,
    Does anyone have a filled in court document that i could change and put my details in as im not very good at this thing and im worried i mess it up and dont get my money from the bank


  14. #14
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    Default Re: help filling in court document

    Hi, I'm with Bank of Scotlandicon and have struggled for over two years to get to grips with the knock on effects of A DEEP financial mess due to worK related problems, finally had enough of trying to resolve it by finding extra funds to offset bank charges, calling their phoneline and visiting my local branch, all with no real offer of meaningful help. Having generated additional funds on too many occasions to try to overcome the knock on effects of charges applied to my account, only to be let down by late payments going in to my account and the whole cycle starting over again, I wrote to BOS and they credited around £400 which is less than half the total applied over the last 3 months. Wrote again requesting details of charges applied to my account since 1st Aug 2004, don't know why I picked that date, and having scoured through th 10 envelopes of statements find out they have applied around £4800 in the period plus debit interesticon. Wrote again expressing my disgust at how bad things were and requesting they refund my money, needless to say they have declined, told me the charges were justified and referred me to the banking Ombudsmanicon service - where to now? I am literally at my wits end, having been with BOS for 30 years and treated like a piece of dirt do I go to the ombudsman, is there any point, or do I try the courts? HELP


  15. #15
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    Default Re: help filling in court document

    bos~ Data Protection Act sent
    ~ statements received
    ~ owed £1766.82
    ~ prelim letter sent 30/08/2006
    ~lba handed in 14/09/2006
    bos Data Protection Act sent
    ~ statements received
    ~ owed £1217.86
    ~ prelim letter sent 30/08/2006
    ~lba handed in 14/09/2006
    court date issued of the 17th november
    27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

    rbs~ Data Protection Act sent off 21/09/2006

  16. #16
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    Default Re: help filling in court document

    bos~ Data Protection Act sent
    ~ statements received
    ~ owed £1766.82
    ~ prelim letter sent 30/08/2006
    ~lba handed in 14/09/2006
    bos Data Protection Act sent
    ~ statements received
    ~ owed £1217.86
    ~ prelim letter sent 30/08/2006
    ~lba handed in 14/09/2006
    court date issued of the 17th november
    27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

    rbs~ Data Protection Act sent off 21/09/2006

  17. #17
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    murmagic Novitiate

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    Default Court help please

    Hi all
    The Bank of Scotlandicon have ignored my lbaicon,so im going to fill in the court form but ive got a couple of questions.
    1. My claim is for £946.But i believe i can only claim £750,so when i fill in the court form do i put in £750 and what do i do with the 8% interesticon.
    2. Do i need a name for who im claiming against ie bank manager or can i just put the BOS.
    Thanks for any help


  18. #18
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    Default Re: Court help please

    if you use summary cause claim instead of small claims you can claim 1500 including interesticon. it's the same form with a different title. you will need a solicitor or sheriff officer to issue the summons though, cost me £15, get this back in expensies.

    on my claim i just put the defendant as "the bank manager"


  19. #19
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    Default Re: Court help please

    Cheers for that.If i use a summary cause claim do i just pay the court extra money and would the organise the sherrif officer themselves or would i need to do that myself.


  20. #20
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    Default Mur V Bos

    Hi all
    Im filling out the court form and would like to know in the defender section can i just put the BOSicon or do i need a name.And when claiming for £750 does that include interesticon or does the court add that on after.
    thanks for any help



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