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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Mairi Novitiate

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    Unhappy Mairi v Bos (Round 3)

    Hi All,

    Some advice needed please.
    I sent my letter demanding refund of charges to BOSicon on 12 April, giving them 14 days to respond.Sent it rec delivery.Heard nothing back yet. But made the mistake of phoning to try and find out if they had received my letter, i had to call 3 diff numbers and still don,t know if they have received it yet.
    I ended up agreeing to hand in my cheque book and guarantee card at one point, during call no2 as i,ve again went OTT by £245, £207 is bank charges.
    Will it be a mistake to close the account?

    mairi

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  2. #2
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    Default Re: Closing account ?

    It doesn't matter if the account is closed as far as claiming for the refund is concerned.

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  3. #3
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    Unhappy mairi v bos

    I had 3 years worth of statements tucked around the house which i have based my claim on. Sent my initiall letter on 12th April. They replied saying they would be back in touch within 4 weeks. Was away for a while and had so much going on that i let them away with it. Had just drafted out 2nd letter when yesterday i got a call from the lovely lady at BOSicon.
    She said they would refund me £364 out of the £3800 that has been (edit) from my account in the past 3 years. I said "no thanks" it immediatley rose to £1120. (big jump after one small "no").I said i would accept it thanks very much, it was a start and I'd recover the rest in the court.
    I then got a letter this morning saying i'd declined the offer of good will in Full and finalicon settlement, so I'm back to getting nothing. Maybe i,m a bit thick but nothing was mentioned about not getting back the £1120, as she led me to beleive i would.I've been trying to call them to clarify but they must all be out for the day as i keep getting returned to the switch board where i'm told they are not answering the phone , and to call back later.
    2nd letter will be in the post tommorrow.
    Mairi
    moderated: please do not post what may be seen as libelous comments on this forum please ,this is to protect the site


  4. #4
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    Default Re: mairi v bos

    It's what they do. AS soon as you say "Yes, I'll take that but I will still chase you for the rest" they will take it all away.

    Final lbaicon then small claims.

    Good Luck!


  5. #5
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    Thumbs down Re: mairi v bos

    I've just received a letter from BOSicon. full of errors name spelt wrong ,wrong date and wrong person quoted as having written to me, anyway. i think it's now time to visit the court.

    Thank you for your letter dated 15 April (15 May).
    I would refer you to Tom Copeland's letter (who! You mean Elaine Brown), in which she gave you our final response. In this letter we also gave you referal rights, so you can take your complaint to the FO, if you wish. However we are aware that this is not the action you may choose to take.
    I am aware from your correspondence that you are proceeding with your claim through the courts. in accordance with your notification, cust relations will take no further action in relation to your complaint, and we will await communication with our legal department advising us of the claim.
    there remains nothing further for me to add, other than if you have any other concerns you wish me to investigate, then please do not hesitate to contact me.

    Is this the standard Bos reply to lbaicon? are they just trying to scare me off?
    Any advice.
    Mairi


  6. #6
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    Default Re: mairi v bos

    I didn't even receive a response from them re. my lbaicon. Good luck with the Court Action!

    ** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

    I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

    The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

  7. #7
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    Question Re: mairi v bos

    Im having a wobble.
    Im claiming around 4k in segments of 750, from BOSicon. i filled out spreadsheet to work out interesticon and im having a nerve attack and can't make anymore decisions. Starting with 2003, ive entered around £570 of charges against my account, and have came up with £130 in interest. Does this seem correct or am i losing the plot!
    Mairi


  8. #8
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    Default Re: mairi v bos

    Hi all
    Have just been down to the sherrifs court and have filed my first claim.
    After all that worry it was no problem.
    Just have to sit back and wait now.
    Mairi


  9. #9
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    Red face Re: mairi v bos

    Hi again all,
    Have a return date of 18/8. Still another 9 weeks to wait. ahhhhhh
    Getting edgy and bored so decided to start on my husband account.
    Sent his lbaicon today. Mr Mairi v BOSicon. Hopefully this will proceed a little quicker, (though i doubt it)
    mairi



  10. #10
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    Default Re: mairi v bos

    Hi, just wanted to say good luck with your claim and your husbands too!

    RBS:
    Data Protection Act request sent 6/6/06
    Prelim sent 23/6/06 - no response
    LBA sent 10/7/06

  11. #11
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    Default Re: mairi v bos

    Quote Originally Posted by Mairi
    Hi all
    Have just been down to the sherrifs court and have filed my first claim.
    After all that worry it was no problem.
    Just have to sit back and wait now.
    Mairi
    Hopefully you wont have to wait too long, BOSicon paid up 4 days after my claim was served on them, I will be interested to see if they pay up the 8% interesticon.

    Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr
    Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

  12. #12
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    Default Re: mairi v bos

    Let us know how things go, will be starting my own action against BOSicon very soon! Good luck!

    BOS

    Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!
    Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

  13. #13
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    Default Re: mairi v bos

    Hi All
    Thanks for the replies folks. Good luck Fruitycar. After that shambless with your interesticon, you must be furious. As yet i've heard nothing from the BOSicon
    I called the Sherrif this afternoon and was told they should have received my claim within the last 10-14 days. But i reckon they are going to make me wait until the bitter end as i was a bit lax at the beginning, and couldn't stick to the proper timetable. Now i think i'm paying for that. Or maybe i'm just too impatient, paranoid and skint.
    Don't think i could do this without my 3 times a day fix (Im a CAGicon junkie) of reading others good news to keep me from pulling my hair out.
    They better give me my money back soon or im going to have to use my winnings to buy a wig.
    mairi



  14. #14
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    Default Re: mairi v bos

    Hey All
    Have just checked my bank balance for the second time today, and hey presto £726 + £164 has been deposited into my account.

    I wonder who done that?

    Looks like i've just won claim no1.

    Thanks to everyone, donationicon on its way tommorrow (when i get my cheque book back) LOL.
    Mairi


    Keep at it everyone we kow we are in the right.



  15. #15
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    Default Re: mairi v bos

    Congratulations


    Now for claim no. 2, yes?


  16. #16
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    Default Re: mairi v bos

    Thanx BlueRuby.
    Will be sitting up v late tonight sending letter to stop this claim, sending BOSicon extra 7 day lbaicon and doing claim no2.
    Im enjoying this now, and grinning from ear to ear.



  17. #17
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    Default Re: mairi v bos

    CONGRATULATIONS

    1 - 0 to you....!

    ..

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  18. #18
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    Default Re: mairi v bos

    Congratulations Mairi, and good to see this has given you the confidence boost to get right back and claim the next lot.

    Well Done!

    T

    I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

    HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

    HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

    HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

  19. #19
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    Default Re: mairi v bos

    Thanks for the replies folks.
    thinking maybe to go for summary cause this time. Going to have a read up on it.
    Anyone have any opinions on the summary cause route?



  20. #20
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    Default Re: mairi v bos

    Mr Mairi v BOSicon letter received 13/8/6, claim and court costs paid, he'll call them tomorrow to see what happened to the 8% interesticon.
    But 2 - 0 to us in under 1 week.




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