Sophie-Jane v BoS Credit Card

**Sophie-Jane** · 1st June 2006 17:55

Hi

After sending for the DPA - took the 40 days, I sent off the Prelim letter which received a reply again at the end of the 14 day limit, No Chance
Then the 2nd letter, again at the time limit and again No chance

I have instigated a Moneyclaim today against them today

What they have stated in replies to the Prelim and 2nd letter, is that

"There is no change to our current fee refund policy and we do not expect to make any announcements before the 31st May."

Signed by
Elaine Stewart - Customer Service

BTW, the MoneyClaim is against the Trinity Road, Halifax icon

Part, as I'm in England

The initial letters were to the Trinity Road section, and further letters from them were sent from their Card Services section in Fife

Similar Threads:

Lueeze · 4th June 2006 14:33

Good Luck

Lou x

**Sophie-Jane** · 29th June 2006 14:13

Thank you Lou - sorry for the delay in responce

________________

Letter received 29th June 2006

Dated 28th June 2006

________________

Dear Sophie-Jane

I have received and have been dealing with the proceedings which you have issued against The Governor and Company of the Bank of Scotland icon

in the Northampton county court icon

.

Your claim relates to bank charges debited to your credit card account, These charges were debited to your account in accordance with the account terms and conditions icon

, which you agreed to accept, and by which you are bound.

I have returned the Acknowledgement of Service to the Northampton County Court indicating that The Governor and Company of the Bank of Scotland intends to defend the whole of your claim. However, On a commercial basis, it will cost The Governor and Company of the Bank of Scotland money to defend your claim in terms of legal costs that will be incurred. It is unlikely that The Governor and Company of the Bank of Scotland will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claim track, in which costs are not generally awarded.

For this reason, but without admission of liability, The Governor and Company of the Bank of Scotland is willing to reimburse £275 in respect of the bank charges incurred, The Governor and Company of the Bank of Scotland will also reimburse £30 in respect of the Court fee, This amounts to £305 that you have claimed and I have arranged for this sum to be refunded to your account.

I will write to the Court to notify them that your claim has been settled in full and I would be grateful if you would do the same.

Yours sincerely

Rachel Hinchliffe

_________________________ _

Hey BoS, I am not a child, I know what I'm doing.

Shame that I will not see a penny of this, as it is one of the many debts on interest icon

free payments, but at least, its about 10 months of payments paid off in one.

Survey completed on completion of this message

_________________________ __

Note to each and everyone who are behind me in this one, Just keep on with the time scales, Reply back once you receive a letter back from them
and if they decide to keep on saying NO - Get to Court with it - Moneyclaim is easy

Remember its your money thay have Unlawfully debited, so demand it all back.

**BigCol** · 29th June 2006 15:02

Congrats Sophie-Jane, all power to your elbow!

I'm 10 days into a DPA request so I will wait with baited breath. Why oh why do they wait right up until the deadline, don't they realise that this just makes people more intent to make them pay up? If they responded more quickly it would be cheaper for them both in terms of admin icon

and additional charges that get racked up on our accounts as they delay! Muppets!!

**Sophie-Jane** · 29th June 2006 15:17

Hi Col

So very very true

They wait so they hope that you will go away, and each and every time you receive a letter saying Hey it is in the terms and conditions icon

of your account, saying we can steal money from you if you fail to comply with your agreement.

I intend to check my balance soon, and see if the payment has been refunded, and then once it has, I will send them a letter
Stating that I will not entertain any further penalty charges, UNTIL they can provide an accurate Breakdown icon

of Actual costs involved.

The £12 cap they are settling now, I will NOT accept that either(The £12 Cap is where the OFT will not interveine, unless it is higher than £12)

They have to prove to me that they are competant to run a financial institution in a LAWFUL mannor.

Will of course keep you all informed of that letter and its contents once compiled.

**BigCol** · 29th June 2006 15:44

S-J,

sounds like you're riled girlfriend! Go get em! I'm up against RBS icon

as well and I'm going to time my action so that when I file my moneyclaim it is with the maximum charges for that month. I can't wait to see what heppens if they charge me any more whilst waiting for the deadlines.....
Bring it on!

**Sophie-Jane** · 29th June 2006 18:34

Too true

Treating me like a child in their letter

Here is what I propose to send, please advise on anything which will make it stand out, and legal info which can back up my arguements

I also intend since they have not sent an "True copy of Agreement" to send off asking for that, and then we will see where to go from the reply from Bos

_________________________ __

Dear Rachel Hinchliffe

Re your letter dated 28th June 2006

Thank you for your offer of £275 – Unlawful Penalty Charges & £30 Court fee, I accept this as payment in full for the unlawful manner which your company has operated my account.

As for future charges / penalties which your company may deem to try and charge, I will not recognise such charges unless you are able to prove that the Penalty charges are reasonable by independent adjudicator.

The £12 Cap which the OFT (office of Fair Trading) stated, that is which the OFT would intervene if that charge was higher, which I still deem to too high of a figure, when it is automated, and NO manual intervention takes place, it is estimated such a charge would cost a company such as yours in the regain of £0:50.

It is no wonder people end up in high debt situations, due to these high penalty charges which your company and many others deem they need to line the share holders pockets, when more and more people end up in debt, It only takes one penalty charge for the debt spiral to begin, We get hit from YOU, we get hit from the banks, and you know the situation then just spirals out of many peoples control

I will stop county court icon

proceedings against “The Governor and Company of the Bank of Scotland icon

, Only once payment has been credited to the account, and with NO retaliatory action on your behalf due to a Lawful process taken by myself, The OFT would unfavourable at your company if any retaliatory action is taken or indicated.

________________________

Please advise what can be made to ensure this is taken seriously

Thanks again

**Sophie-Jane** · 1st July 2006 01:05

Just sent this Fax off to the Legal Services Department of the Bank of Scotland icon

_________________

Dear Rachel Hinchliffe

Re your letter dated 28th June 2006

Thank you for your offer of £275 – Unlawful Penalty Charges & £30 Court fee, I accept this as payment in full for the unlawful manner which your company has operated my account.

As for future charges / penalties which your company may deem to try and charge, I will not recognise such charges unless you are able to prove that the Penalty charges are reasonable by independent adjudicator.

The £12 Cap which the OFT (office of Fair Trading) stated, that is which the OFT would intervene if that charge was higher, which I still deem to too high of a figure, when it is automated, and NO manual intervention takes place, it is estimated such a charge would cost a company such as yours in the regain of £0:50.

It is no wonder people end up in high debt situations, due to these high penalty charges which your company and many others deem they need to line the share holders pockets, when more and more people end up in debt, It only takes one penalty charge for the debt spiral to begin, We get hit from YOU, we get hit from the banks, and you know the situation then just spirals out of many peoples control

I will stop county court icon

proceedings against “The Governor and Company of the Bank of Scotland, Only once payment has been credited to the account, and with NO retaliatory action on your behalf due to a Lawful process taken by myself, The OFT would look unfavourable at your company if any retaliatory action is taken or indicated now or in the future.

Yours faithfully,

_______________

Slighly edited from previous post, Lets see what happens now

**Sophie-Jane** · 3rd July 2006 11:31

Originally Posted by BigCol45

S-J,

sounds like you're riled girlfriend! Go get em! I'm up against RBS icon

as well and I'm going to time my action so that when I file my moneyclaim it is with the maximum charges for that month. I can't wait to see what heppens if they charge me any more whilst waiting for the deadlines.....
Bring it on!

So true Col

Riled, To an extent, but not letting these companies get to me

I intend to inform each and every Company the following

"The £12 Cap which the OFT (office of Fair Trading) stated, that is which the OFT would intervene if that charge was higher, which I still deem to too high of a figure, when it is automated, and NO manual intervention takes place, it is estimated such a charge would cost a company such as yours in the regain of £0:50."

I am sure that many of you may agree also, why should we except such high charges when it does not cost the bank or credit card company so much to Stop DD, SO and so forth
If Manual intervention was indicated, then I would agree that £12 is a reasonable figure, but I feel that 99.9% of the time its all automated

If they feel they have no option but to close the account, Well an Injunction would be sought (need info there), But the threat is always there, for any Retalitory action they may deem to take now or in the future.

Its thanks to this Site, and the Moderators etc, that has helped me to this stage to understanding of the rules

Thanks CAG icon

**Sophie-Jane** · 4th July 2006 14:29

I'm not sure ????

But I have just phoned BOS icon

up, and I have been credited with £275 - Refund Penalty Charge & also £30 goodwill payment icon

, That is how it was quoted when I called.

If they have credited the account, I would presume that they will have to abide by MY Conditions ????

Survey to complete, once I have written confirmation, which I of course, will share here with everyone

**skyrocket123** · 4th July 2006 18:41

Did you get the 8% interest icon

back from them out of curiosity? I filed against them too and apart from acknowledging the claim have heard nothing so did they wait till the 28 day deadline was nearly up to refund you?
Congrats by the way!
Sky

**Sophie-Jane** · 5th July 2006 00:30

Hi Sky

Thank you

Since It never reached the court, I did not insist on the 8%, Possibly I could of, but it was only around £25, so instead of keep pushing, I decided, that it was best to accept this offer.

And when I called to check my balance, the feeling when the payments are read out to you by the customer service person, "Penalty Charge Refund" and "goodwill payment icon

", It is well worth not chasing that 8% in this case

BOS

seem to drag their heels all the way, You need to be firm with this bunch of jokers

Each time I wrote this is what I received

"There is no change to our current fee refund policy and we do not expect to make any announcements before the 31st May."

Now the 31st May has come and gone, I not sure they still use this arguement.

In the end, they decided it was not worth their while, as it would cost too much to defend, and no chance of recouping their costs

They said they have intend to defend, But up top now, there is no change to the status
I'm waiting to see what they have agreed to as per my letter in post 9 above

Good luck on your claim Sky

**Sophie-Jane** · 15th October 2008 19:44

UPDATE

RE - ADDRESS & CCA 1974

Today the 15th October 2008, I received a letter from my old address - Statement of account dated 1st October - Trust the OLD (EX) OH

Now BOS icon

have been informed since 16th March of my new address, I never realised since today that they have not updated my records, and probably letteres have not been forwarded by my ex (but since March - I dont think)
I have sent letters to BOS - financial statements ect, so wouldnt you think they have my address by now ??
All the other Adedged Creditors, have been informed and also I have (i think) got letteres back from them, So why didnt these at BOS??

Further to that

I have sent BOS a CCA 1974 request from my new address, so I now await for the information which is due by the end of this week, I await with baited breath for my aledged agreement

IS this another unlawful account by BOS, I wait to find out, well if they send it to my address or my old one, I wonder ????

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