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Hello there i cannot believe this worked but i received an offer yesterday from BOS of £320 as a gesture of good will this is for both accounts as below so no where near enough. The letter is from Richard Aitken who states i should phone 01422 333465 if i need to discuss my concerns.
Basically what i need to know now is do i phone to accept the offer but tell him i will continue to claim for the rest and also ask him about the default being lifted - this was never mentioned in the letter - or should i keep it all in writing and reply stating that the offer was a nice gesture but i will be continuing with my claim and to have my default removed?
Thanks to all for all the help and for this great site i will admit now that i was slightly unnerved about doing this and really never expected a result but never will i doubt you again!!!
BOS current account = £520 without interestlba sent 07/04/06 - defaulted
BOS card account = £696 without interest LBA sent 07/04/06
You asked them to communicate via wrting in your prelim letter and you can't get flustered or say the wrong thing in a carefully thought out letter. Also they will have to respond in writing which will be more useful if you ever needed to refer back to any of their comments.
I did this letter which others have used with suucess also:
"I thank you for your letter dated 05 April 2006, offering to refund £xxx of fees however, I am not wiling to accept this unless you provide me with the information that shows that the bank incurred costs amounting to £xxx.
However, as a gesture of goodwill I would be willing accept £xxx and therefore I will not seek to claim the 8% Apr and costs that I will add to the claim if it is to progress to a court hearing.
You have 14 days to respond and if I have not heard anything within this time period I will commence court proceedings without further notice."
You will obviously need to alter it for yourself and to include the request about the default.
Sorry back again but the offer of £320 was for both accounts not each so when i send my letter refusing the offer do i split the money and still send 2 letters as both the amounts total to £1216 - feel a bit nervous about asking for that amount looks rather daunting in black and white! Plus i live in scotland so cannot claim more than £750
kath,
i recently recieved a similar letter offering me £100. i phoned the number letting them know i would not be accepting there offer but would be continuing my claim, they uped the offer on the phone to £300! it is certainly worth phoning them to see how you get on. Its quicker and if you still dont get the result you want then you can write the letter.
If you don't mind a bit of advice from someone who litigates a lot, try this:
Dear Sirs,
thank you for your letter of xxxxxxx.
I note all that you say. I do not accept your offer.
Yours faithfully.
XXXXXX
I've found over time that it says exactly what it means and leaves little room for debate.
Good luck.
By the way, you should never, ever, either phone them or let them phone you to discuss this sort of thing. There is zero chance that the person in the call centre has the authority to refund the sort of cash you're looking for. ALWAYS keep it in writing.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Hi again i have sent back the lba and they have until Monday 8th to reply but i doubt very much if they will so next question is as i have a cardcash account and a current account with them i have kept both claims separate due to it amounting to over £1200 when i progress to small claims do i just do it for one account first until i get a result then move to the next or can i input 2 separate claims at the same time but pay the £39 each for them? Hope that makes sense!
Do then one after the other, otherwise they might just turn up and get the sheriff to lump them together, which will take you out of small claims.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Don't be scared. Just fill in the forms and send them off. Nothing bad will happen to you, I promise.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
hi there i have 2 accounts with BOS and on each of the accounts the accounts the amounts are approx 650 can i raise the small claims for each of them at the same time as they are different account numbers or would i be best to try the first on then once resolved move to the next?
As far as I can make out it's best to do them at different times. If bank contacted court they could ask for both to be dealt with at same time. Seems unlikely that bank will go to court but if they do and it's not small claims you could be liable to pay them expenses etc...
I've filed my halifax 1st and will wait for money before filing halifax visa or Bank of Scotland claims just in case. Better to be safe than sorry!
Halifax: £478 (+ interest & cost) reimbursed
Halifax Visa: £370 - 1/2 back so far
Bank of Scotland: £802 (+ interest & costs) court ordered to pay (BoS failed to respond)
Hi Kath, ghood luck with your claim, I'm having problems with them and have been at the DPA stage since I requested statements on the 6th April. I have given them until today before I go to the Info commisioner. To be honest I dont think they can find my account as it seems to flumux them when I call. I did have problems with them a few years ago, so the account is well documented, however I binned all the statements back then
I had a result with cap one and it went to small claims, but they gave in when the summons was sent, stay positive!!
06th April 2006 Statements requested for last 6 yrs:
Bank of Scotland: Current account Breaching DPA
Royal Bank of Scotland: Style Breaching DPA
Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.
Coop: Crashed and burned into giving in Full and final offered 16 days after LBA
BOS RESULT!!!!! but........
of £320 as a gesture of good will
this is for both accounts as below so no where near enough. The letter is from Richard Aitken who states i should phone 01422 333465 if i need to discuss my concerns.
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Re: BOS RESULT!!!!! but........
as it seems to flumux them when I call. I did have problems with them a few years ago, so the account is well documented, however I binned all the statements back then
