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 interest LBA sent 07/04/06 - defaulted

BOS card account = £696 without interest LBA sent 07/04/06

Accept and tell them you are going for the full amount.

If it was legal they wouldn't be offering anything in the first place.

hi there do i accept by writing or phoning?

Keep everything in writing.

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.

Thanks will have a look for a template for this sort of letter i am sure i have seen it on one of the threads

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.

Keep us posted x

thankyou thankyou thankyou!! will keep you posted

thankyou thankyou thankyou!! will keep you posted

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 you can only claim £750 at a time that doesnt mean you can only claim for £750 in total put 1 claim in for £750 then 1 in for the balance,

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.

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.

Well BOS had until today to respond to my refusal of their part offer and i have received nothing so its off to court we go - GOD IM SCARED!!

Don't be scared. Just fill in the forms and send them off. Nothing bad will happen to you, I promise.

thanks once the form has been sent i will feel better doing it just now will keep everyone posted on this thread

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!

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:lol: 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:cool:

I had a result with Cap One and it went to small claims, but they gave in when the summons was sent, stay positive!!

well i have a confession i haven't been on here for a while plus i have not raised my claim through courts with BOS cause i am too scared - pathetic i know i am just freaking out that i could be the one they take to court and to be honest i don't know enough about all the court stuff to go that far so i have stuck here. Kicking myself cause this could have been all sorted by now if only i had a backbone! Really if i am honest its the whole going and handing the form into the court thing that bothers me and i don't think you can do it online in Scotland can you?

Kath,

breathe slowly and spend some time looking through other threads, there's plenty of other people in the same boat. Several people in Scotland also and they seem to have had success! I've read lots of threads that have gone through the Sherriffs and they themselves are pretty approachable. If in doubt - ASK!! The only stupid question is the one that doesn't get asked!!

Green ON!

thanks for that i have just completed my court sheet and have decided to do it tomorrow finish work at 2.30 so will definately get it done tomorrow and wait for the result hopefully a big plus in my bank account!

Well done you!

Remember, the first step is always the hardest, after that gravity and nature take over!

Keep the faith Kath!!

Would it be an idea to send them a final letter but just give them seven days (as there has been a break in communication) just so for the courts sake everything was consistent? It's been a while since you sent your LBA so perhaps send another and then file?

Sky