Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #1
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    Default susie1980 v bank of Scotland

    Hi, I'm new to posting here & I'm wondering if someone could help with a query I have...
    I am in the process of claiming over £1,500 of unlawful charges from The Bank of Scotlandicon (my branch is in Scotland though I live in England) & I sent my letter before actionicon on 13/11/06. I received a reply from BoS dated 22/11/06 saying they were sorry they hadn't fully responded yet & that they would do later in the month.
    I haven't been able to do anything since in the way of proceeding with the claim due to financial & personal circumstances & have since received an offer from the Bank of £892.00, dated 21/12/06, & I'm wondering how exactly to proceed now to claim the full amount.
    The offer from the Bank only stands until tomorrow - do I need to meet this deadline in order to proceed with court papers for the full amount?
    If anyone could advise me on this I would really appreciate it.
    Cheers
    susie1980


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  2. #2
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    Default Re: Help needed with HBOS claim!

    No you stick to your own timescale even if they have made an offer, its you that are going to take them to court so do it when ready. I would just take them to court, you asked for the full amount and they haven't offered it to you.

    Have a look in the FAQs and self help material to see how to start your claim and also start a thread in the HBOSicon forum to keep us informed of your progress and to ask any questions. Thanks

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  3. #3
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    Thumbs up Re: Help needed with HBOS claim!

    Thanx very much for that. Will keep you up to date.


  4. #4
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    Default Re: Help needed with HBOS claim!

    P.S. Do I need to send the bank the rejection letter or can I simply send the court papers?


  5. #5
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    Default Re: Help needed with HBOS claim!

    Not sure really if it were me i would just file a claim, you asked for it all and they didn't offer it. Send a letter if you wish though. And start a thread in your banks forum to other see your progress.

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  6. #6
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    Default Re: susie1980 v bank of Scotland

    Hi Suzie your posts moved here.
    If the bank replied within the 14 day offer period then you can send the rejection letter but state that you are now proceeding to court as they have had reasonablr time to respond to your full demands.

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
    Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.
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  7. #7
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    Default Re: susie1980 v bank of Scotland

    I had claimed at court for 740 plus contractual rate of interesticon of 1400 plus court costs , postage, SARicon fee, and my time coming to 2250(their rate is 22.5% + base rate). They had date for response to court and made me offer of the 740 plus the interest on this at 8%. I said I would accept this as part payment and would go to court for the rest. Whern my claim was filed, I asked for 8% judicial rate until the settlement. Just phoned the court and they have made no response, then checked my account and lo and behold they have paid into my account the amount they had previously offered. So its off to court next week to seek explanations about the fees and the interest rate they charge


  8. #8
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    Default Re: susie1980 v bank of Scotland

    OKay, I need more help with this! My situation hasn't changed since my last post (Jan) as I've had other v. important things to deal with.
    Before I proceed, I need to know everything I have done so far is correct (not convinced my interesticon calculation was correct) & what my next step should be.
    Is there anyone who thinks they can help & would be willing to look over documents I have sent so far? I would really appreciate it.


  9. #9
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    Default Re: susie1980 v bank of Scotland

    Thanks - how do I do that?! - I can't PM you & not sure how to attach docs.


  10. #10
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    Default Re: susie1980 v bank of Scotland

    go into conSumer action group main page and scroll down to template and click, then on next page about half way down go to spreadsheets and click again, you will then get page with opportunities to enter bank details for england then scotland and then credit crads for england and then scotland, but keep scrolling don to almsot at the bottom, 'Vampiress spreadsheets' . Click on this and this will then open up a google page where you need to register at right hand side with passWOrd. This is easy. A spreadsheet will open up, on left hand side of the spreadsheet about an inch form the top click on file and scroll doWn to and press copy. This will copy the original spreasdheet for yoUr purposes. In a wEe window you can put in your title which will identify what this one is for. Do that and then it will copy for you to use under this chosen tItle/name. press on name boX and type in your name, move to next line down and type in bank name. then next line sort code, then next line your account number. Put in the dates on the top half to be the date you will submit this to court. so if it was today, you would put in 07/17/07 as the american format for dates. when you move to next line, this date you have put in wilL adjust to our nomenclature for dates.
    Then doWn on first row of spreadsheet put in date of fiRst charge, tab to next box to right, and type in what it said on your statement for this charge - excatly, then tab ALong and put in the amount charged.
    move to next line down and do the same. All the time the spreadsheet is calcualting the interesticon and adding it up. HAvE e go and let me know how you are getting on. I live in hamilton so you would not be near to shoW you exaCtly how, but try and remeber and print out wHAt you have after a fewlines. To do this, since the spreadsheet go from box A1 to box ZZ376 there are an awfully lot of boxes, SO WE DONT WANT TO PRINT OFF THE WHOLE SPREADSHEET, JUST THE PART WE ARE WORKING ON. sO GO TO LAST DATE AND UNDER THE LAST INTEREST PAYMENT PRESS MOUSE AND KEEPING IT PRESSED DOWN PUSH THE CURSOR SO THAT THE SPREADSHEET IS HIGHLIGHTED FROM BOTTOM RIGHT TO TOP LEFT WHERE YOUR NAME WIILL BE. THEN UNDER EDIT AT THE VERY TOP OF PAGE, OPEN AND DO COPY. THEN OPEN A WORD DOCUMENT AND PRESS PASTE AND YOU SHOULD GET THE SPREADSHHET THAT YOU HAVE CREATED PRINTED OUT, THE FONT SIZE MAY HAVE TO BE REDUCED TO ABOUT 8 BUT THAT IS OK.
    I PRAY THAT YOU SUCCEDD AND MY EXPAMANATION IS NOT TOO SCARY.


  11. #11
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    Default Re: susie1980 v bank of Scotland

    Thanks for your help but I can't seem to get into the templates libraryicon - followed your instructions - but the site just keeps taking me round in circles. I'm clearly registered & signed in so I don't know what the problem is - any ideas?


  12. #12
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    Default Re: susie1980 v bank of Scotland

    It's alright - I've found it now. only problem is, that until last july, it was a student account so no interesticon was paid, so should I just use it to calculate interest for charges since then?


  13. #13
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    Default Re: susie1980 v bank of Scotland

    the charges which were taken earn interesticon at 8% from the date they were taken. if after you left the student account and paid interest on any amount overdrawn yoU were alsp charged and these chARGES FURTHER EARNED THE BANK INTERST SO YOU ARE SEEKING INTEREST ON THESE CHARGES AND INTEREST ON THE INTEREST TAKEN AT THE DATES TAKEN. JUST LOOKED UP AN SEE I HAVE GONE CAPITAL AGAIN.


  14. #14
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    Default Re: susie1980 v bank of Scotland

    okay - I'm just trying to get this straight in my head (this sort of thing confuses me easily) - looking at my statements again, I was charged interest on charges paid when it was a student account, but when it changed to normal, obviously I was charged more as I no longer had an interest free overdrafticon. So, I'm assuming these spreadsheets (or at least one of them) calculates the interest merely paid on bank charges (separating it from interest charged on a normal o/d)?


  15. #15
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    Default Re: susie1980 v bank of Scotland

    ok susie, put in all charges and al interesticon. the spreadsheet will calcualte the 'earned' for yourself what interest would be coming back to you at 8%
    susie 1980
    Bank of Scotlandicon
    TYPE YOUR SORT CODE HERE xxxxxx
    TYPE YOUR ACCOUNT CODE HERE zzzzzzzz

    CLAIM DATE: 18-Jul-2007
    INTEREST RATE: 8.00%


    JUDICIAL INTEREST RATE: 8.00%
    DATE OF JUDGEMENT OR PAYMENT: 18-Jul-2007

    TOTAL AMOUNTS 84.61 27.26

    1-Mar-2002 overdrawn 10.00 10.00 4.31
    1-Mar-2002 interest 6.25 16.25 2.69
    1-Mar-2003 overdrawn 10.00 26.25 3.51
    1-Mar-2003 interest 12.13 38.38 4.25
    1-Mar-2004 charges as notified 15.00 53.38 4.06
    1-Mar-2004 interest to
    28 feb 31.23 84.61 8.45

    OK I have just invented a spreadshet and pu in fictitious dates and charges and some of the phrases used. The machine claulates total interest. So in this example I have paid 84.61 in charges and interest and I am claiming back 27.26 as copmpound interest from the dates given to todats date.

    hope this example asists


  16. #16
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    Default Re: susie1980 v bank of Scotland

    Thanks for that, I'll give it a go - just need to know exactly what spreadsheet to use from the Vampiress page?
    Unfortunately I'm out for the rest of the day, but should get a clear run at it tomorrow!


  17. #17
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    Default Re: susie1980 v bank of Scotland

    Can anybody tell me which Vampiress spreadsheet I should be using for the above?
    Thanx.


  18. #18
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    Default Re: susie1980 v bank of Scotland

    scotand bank advanced with compound interesticon


  19. #19
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    Default Re: susie1980 v bank of Scotland

    Cheers - even tho I live & am claiming in England?


  20. #20
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    Default Re: susie1980 v bank of Scotland

    sorry use england one instead. dont think much difference



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