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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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.

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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: Idoru vs. BOS

  1. #1
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    Default Idoru vs. BOS

    Right, this might get a little long winded because I am still trying to sort it all out in my head at the minute...

    Bit of background on myself.

    I opened this account for starting life at university. I found, as I know most students do, keeping my finances in order (paying for food and clothes) increasingly difficult and seemed to always end up going over my agreed overdrafticon limit. I had some personal health problems that caused me to leave university and move home and I took a couple of years to find my feet.

    Anyways now I’m back to full health I’m trying to clear up the mess I made.

    I’ve applied for and received a record of all charges raised on my BOSicon Student Account and would like to ask you all a few questions regarding what I am entitled to claim back.

    I’m trying to put together a spreadsheet of charges and am not too sure on what I can include and what I cannot.

    On many months I appear to have gone over my overdraft limit and subsequently have been charged in the following month a £8.50 ACCOUNT MAINTANENCE CHARGE. Can I add these to the claim as they are under the £12 amount?

    Later on in the life of the account, around June 2001, I’ve noticed charges of £20 named EXCESS O/D CHARGE whenever an item has been paid with insufficient funds. I am guessing that these are claimable?

    Since 30 August 2002 the overdraft limit on the account was removed and large interest charges started to be levied on the account. In January 2003 my dad entered into correspondence with the bank, on my behalf, and agreed to pay £20 a month towards repaying the overdraft on the account until I myself was in position to take over the repayments myself. They have continued to charge interest on this overdraft and at an amount much higher than the £20 being paid.

    Am I able to claim back the interest charges they have levied or ask that they be removed from the account? It is my view that I exceeded the overdraft limits due to the charges applied.

    Finally can anyone point me to an example spreadsheet with sample figures and dates so I can begin to work out how to enter all my data?

    Argh! My head hurts ;<


  2. #2
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  3. #3
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    Default Re: Idoru vs. BOS

    idoru,
    you can claim o/d charges yes however the maintainence charge is a charge for a service and as such is unclaimable. the interesticon if soley due to charges is claimable hope this helps

    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

  4. #4
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    Default Re: Idoru vs. BOS

    Hello Ladies And Gents

    I Am An enforcement officericon Directly Accountable To The Lord Chancelors Department, Which Means If I Come To Your Door And You Tell Me To Shove Off, I Am Required To Do Exactly That Not Argue And Pretend and fany about.

    So Dear Jim

    Please Please Please Will You Fix It For Me To Execute The Warrants Issued On Behalf Of The People On This Site Who Have Sued Their Banks And Have One.

    I Went to Halifaxicon bank Head Office And Collected On Behalf of Debtor, The Bank Were Really Angry, And I Was Really Happy Thank You Jim.

    ca aged 2


  5. #5
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    Default Re: Idoru vs. BOS

    yes you can claim maintenance charges ,if you did not have your bank charges would you have been overdrawn ,i am claiming £6663 in bank charges then once refunded i will claim back the account maintenance charges,account maintenance is a charge to monitor /look after your account when over your overdrafticon,so definately in my case ,illegal charges refunded = no maintenance charges


  6. #6
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    Default Re: Idoru vs. BOS

    right, cheers.

    just filling out the spreadsheets now and will get my accountant parents to go over them ;<

    some charges are due to my error, others due to the banks charges, so will have to divide them up


  7. #7
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    Default Re: Idoru vs. BOS

    some charges are due to my error,
    How do you mean 'due to your error'?


  8. #8
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    Default Re: Idoru vs. BOS

    I've gone over my overdrafticon limit do to using my switch card for more than the available funds. But in saying that, they should have just declined the transaction then, shouldn't they?


  9. #9
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    Default Re: Idoru vs. BOS

    It doesn't matter whether you think some charges are due to 'your error' or not, they are all unlawful and therefore claimable.


  10. #10
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    Default Re: Idoru vs. BOS

    cool, less sums for me then



  11. #11
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    Default Re: Idoru vs. BOS

    going through some of the paperwork that my dad has kept on file for me and found this:

    excerpt from letter dated 17/09/02

    "We refer to your overdrafticon on the above current account with us and in particular to the overriding stipulation that the balance together with interest and charges is repayable on demand at any time.

    We hereby give you notice of termination of the Agreement and the requirement that you make payment of the Total Amount Due on the account as set out below. The termination and the requirement for payment will take effect on 29/09/02.

    ...
    Total Amount Due £2,073.44"

    I'm now in possesion of complete records for this account and from October 02 till May 04 they charged me interest on this amount while repayments were ongoing. This totaled £1035.91.

    Is this legal? And should I request for this to be written off immediately or add it to my charges claim?

    Adding up all the charges and the amount thats been repaid since this termination of agreement it effectively cancels out the amount due, and this is even before adding the interest of the charges and possible (if a little cheeky) interest on the repayments that were made...


    edit*
    ----
    total charges accrued £690.50 , although some of these were over the 5 yr mark :S
    ----



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