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.
Posted my DPA letter by recorded delivery on 8th may 2006 so am just patiently waiting for them to arrive.
Once I get them, do i simply highlight every single charge they have ever made i.e paying for a switch transaction then me not having enough money? (thus charging me £30 per transaction) and what about the £28 unauthorised over draft fees? regardless of the circumstances surrounding these charges am I able to claim them back?
Have had further fallings out with them again today and am feeling more determined than ever to fight for any charges I can get my hands on!!
Will continue to read FaQ's and browse for my answers whilst patiently waiting with a brand new pack of highlighters, but any info anybody could give will be greatly appreciated.
I guess my main worry is that they will shout me down and say I have been a naughty girl and deserve these charges, in which case they win .
Dont fret! Read the forum and all will become clear!
You can claim those charges you mentioned, the only things not to claim are service charges such as arrangement of an overdraft, but everything else claim, but not the interest as you are only able to claim a protion of the deducted interest, as only a portion of it accounts towards the charges part.
Well sent my DPA letter to The Mound, Edinburgh, recorded delivery on Monday 8th May. Cheque has not been cashed and I have not heard a word from them since.
What now? Do I write again reminding themt he clock is tickeg etc etc, or do I just wait for the 40 days to be up??
Having a really bad time with them of late and am keen to get the ball rolling whilst am still fuming!!
Well it may take a while yet, we usually say halfway through contact them, and as its only been 9 days (well 8 if you count when they got it) its very unlikely they would have even read it yet let alone sent the statements out, I know its frustrating, but see my DPA list in my signature, 16th April and still waiting!!!!!
Well, sent my DPA letter 8th May, cheque was cashed 22nd May yet I have heard nothing, not an acknowledgement, not a hint of a statement arriving, their 40 days of my patience is up in the 18th June and that time is fast approaching.
What do I need to do now?
Shall I write to remind them?..its a bit late now as they are obviously intending to ignore me completely.
Is it worth calling somebody?..if so does anybody have a reliable/direct phone contact for BOS, The mound, Edinburgh.
Yet again, my total disgust at this bank and its operation is making my blood boil...who on earth do they think they are???!!
There's nothing wrong with sending them a very short and polite letter pointing out when the application was made and looking forward to receiving the information by the date of expiry.
thanks for the tips, have sent the templated ltter as advised and shall wait and see...anybody else come across a case of total ignorance?..
My gut feeling is that my charges are for a substantial amount and perhps BOS are simply going to drag their heels and ignore me..what do I do then??..I do not want to have to make an assumption on costs
Any advice really is greatly appreciated, cannot believe they are simply ignoring me!!!
If i do go to the courts, it in what grounds exactly?
If they don't respond within the 40 days lodge a complaint with the Information Commssioner. You could threaten them with this if you wish prior to the closing date.
I went to the local branch and asked them for computer printouts of the account from day one, abour 3 years. They supplied them free of charge. It's worth asking. Nothing to lose there. Computer printouts are much cheaper then copies of statements so they may be more compliant.
I also sent a DPA to Monument which they received on the 1st June. They cashed the cheque I sent on the 8th. Still waiting the material. They are still sending charge letters too. This can be fun if you don't hurry or worry. They are breaking the law, not you. The waiting game is what they play, to try and make you go away.
You will win. Don't accept partial offers. Ignore the nice "sorry" letters they will send you. Ignore their suggestions about the Ombudsman service. Don't let them dictate the time scales, you keep to your timetable and send your first letter as soon as you finally get the figures. Don't give them any more than 14 days to replace your money then start your court summons process. That's the only thing they pay any attention to.
Firstly, many thanks for all the advice, it is greatly appreciated. Well!..after waiting patiently for my statements to arrive, I had given up all hope of getting themwithout a drawn out battle, when they arrived recorded delivery literally at the eleventh hour..how pathetic are they!!
The letter advised that HBOS are under no statutory obligation to record information relating to manual intervention and so they are unable to assist further with that request!!..???
However, having invested in some brand spanking new highlighters, I went about highlighting all charges since I opened the account in 2002. :grin:
Current account charges £1946 + this months charges of £58!!
Credit card charges £668.18
Do I claim this as one whole claim or split it up?
Thanks in advance, all help is truly greatly appreciated and I will most definitely be making a donation to this site in sincere thanks for all the advice and support!
I would keep your Bank Charges and Credit Card charges separate. It will be less complicated, although you might need to pay for 2 moneyclaim applications. You will get that all back. If you can wait you could chase the larger amount first and when you win, they may pay out on the smaller one without the need for a court summons. They will know that you mean business and will not pack it in like most do.
While I'm here. Monument sent a letter offering to pay back half of my charges £132. I have written back politely telling them to keep it.
BOS offered £60 hahahaha. They're going to court, at least I'm calling them to court. Two different things I suppose.
Sent my prelim approach 2 weeks ago today, recorded delivery. Not even had an acknowledgement or anything from then!! Do I call them up now?? If so, does anyone have a reliable number to call? or contact?
Am starting to think that maybe because the amounts are quite large they will take it all the way to court, which is not a problem but I have to admit to feeling a teensy weensy bit out of my depth with the court thing,
Gonna get reading up now, any advice would be very much appreciated
Sent my prelim approach 2 weeks ago today, recorded delivery. Not even had an acknowledgement or anything from then!! Do I call them up now?? If so, does anyone have a reliable number to call? or contact?
Am starting to think that maybe because the amounts are quite large they will take it all the way to court, which is not a problem but I have to admit to feeling a teensy weensy bit out of my depth with the court thing,
Gonna get reading up now, any advice would be very much appreciated
S XxX
No dont call, keep everything in writing. Follow up after 14 days from prelim with your lba. They are 'banking' on people being phased and dropping out, keep the faith.
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.
Received a letter yesterday from a Colin Smith of Customer Relations in Leeds.
The letter is very lengthy so will just give the basics. It basically says that their charging policy is clearly outlined in terms and conditions that apply to my account and its my responsibility to manage it properly..which is fair enough, cant argue with that point.
Towards the end of the letter it says "However, as a gesture of goodwill I am prepared to refund £259 of charges in Full and final settlement of your complaint." there is also a little threat about reserving the right to close down my account if I dont manage it correctly. Am not worried about that as I have been slowly transferring things into my parachute account in anticipation of this.
Naturally, this is amount is well well well below what I am claiming back and so there is a letter to fill in saying I accept or I dont.
This Monday coming, 17th, is the deadline before I start my court proceedings, something I am finding a little intimidating, but am as determined as ever. Am unsure as to my facts a little though. the charges are not a true reflection of the actual costs incurred by them and this is why thay are unlawful??
If this matter is not resolved by monday, regardless of what stage I am at with this offer, do I just go ahead and start court proceedings? Shall I write back today to this guy telling him exactly why I wont be accepting in an attempt to up the offer to the full amount?
Sorry for the long post. will go and read the faq's, but any advice, as always, GREATLY appreciated.
That's just a standard reply that they've been sending to most people - fret/panic not!!
Give them a call on the number that's on the letter, and say something along the lines of "Thanks for your goodwill offer of a refund of £xxx, however I do not accept this as Full & Final Settlement of my claim, as it would still leave a remaining outstanding amount of £xxx.
They might try & make you a better offer at this stage, in which case simply repeat the above (assuming of course that it's not an offer of full settlement!).
Politely remind them that come the end of the deadline you will be taking Court Action, to which they'll probably do nothing.
Then, take Court Action, sit, wait and your refund will arrive!
Have faith - you're not alone - I've been at this exact same stage, and a matter of weeks later 2 refunds arrived from the BOS.
** 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
Hello again,
Just typed and am about to post, my letter refusing the goodwill gesture and informing them I am, today, going to be issuing court proceeding to claim back my money...
Sorry for being so completely thick at times, but how, exactly do I start this court ball rolling now?
Where do I get access to the money claim forms etc? how much does it cost?
Sarahtip V BoS
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Originally Posted by Sarahtip
