Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
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    Default Halifax or Bank of Scotland??????

    Hi
    Can anyone help please. I have a Bank of Scotland account but where do I send my DPA request. Is is to the Bank of Scotland or halifaxicon?
    If it's to the Bank of Scotland, do I send it to their Head Office in Edinburgh or my branch.
    Thanks.

    Ellie

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  2. #2
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    Default Halifax or Bank of Scotland????

    Hi
    Can anyone help? I have a Bank of Scotland account but where do I send my DPA request. To the Bank of Scotland or to the halifaxicon?
    Thanks.

    Ellie


  3. #3
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    Default

    To the Bank of Scotland. I'd send or take to your local branch, but either really

    The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.
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  4. #4
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    Default

    I sent the BOS to my own branch and I have a mortgageicon with halifaxicon and sent that to the address on the top of my mortgageicon charge letters. Best to send it to your own branch

    Kaz

    Sent

    Halifax (mortgage), Barclaycard and BOS DPA letters.
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  5. #5
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    Default Bos - Are They Getting Harrassed?

    Sent DPA letter to my local BOS branch in March - received phone callicon and letter from Assistant Branch Manager. Statements were mailed to us approx. 4 days later - very efficient I thought. No mention from her at the time of cost of statements. 1 day later another letter from BOS Edinburgh (Head branch?) saying that the statements would be arriving shortly (we had already received them) and stating they would charge us 5.

    Sent letter asking for refund 833.00 from 1 account and 390 from another. Letter arrived 2 days later from Assistant Branch Manager of our branch saying our concerns were still being investigated. Our copy statements had not yet been made available to her due to the high demand for this service over the last few weeks. Her investigations would be completed in 14 days when she would write to us again. It seems this Assistant Branch Manager does not really know what she is doing.

    Today, a letter arrived from Customer Relations in Rosyth (standard letter I may add) with another set of the last 6 yearsicon statements saying they provide these free of charge although they have already forwarded these to us!

    Oh, as a gesture of goodwillicon they are prepared to offer a refund of 110, basically 10%. Will phone them on Monday declining their offer of goodwill and ask for a full refund. If they do not offer this, then we are prepared to go to court. I know that in Scotland I can put in 2 separate claims for up to 750 each claim but does anyone know what happens if you lose the court case in Scotland - are you liable for their solicitors costs etc?

    Keep going folks.


  6. #6

    Default Re: Bos - Are They Getting Harrassed?

    Keep you replies in writing.

    If their offer was "Full and finalicon" then just proceed to the next stage.

    Looks like they are getting flustered!

    ..

    .

    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.


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  7. #7

    Default Re: Bos - Are They Getting Harrassed?

    Hello Ellie41,

    It is most unlikey that you'll end up actually in court, however if you do, and it is on the small claimsicon roll then you will not be liable for any costs. What to do is add up all the charges, and then use the interest calculating spreadsheet on this forum to work out the interest. Then, starting with the earliest, add up charges + interest until you get to about 730. This lot will represent your first claim. It's likely that when they offer to settle, it will be for the full amount owing. Remeber that you will be treating each and every charge as a seperate and distinct item, and under no circumstances will you entertain any attempt to try to lump them into a single claim. It is best to carry through multiple claims one after the other, rather than all at the same time, or you will be in serious danger of the Sheriff lumping them together and taking it out of small claimsicon.

    One other thing, you should never, ever, speak to them on the phone about these things. What you are trying to do is dead against bank policy, and the chances of anyone in a call centre having the authority to refund you that sort of cash are zero, so why bother? Also, the person in the call centre has had a lot of training in debating with 'difficult' customers, so they will likely be much better at it than you! No Sheriff, Judge, Ombudsmanicon etc., is ever going to think less of you for insisting on things in writing, so if they call it's best just to politely end the call and tell them to put it in writing.

    Good luck.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  8. #8
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    Default Re: Bos - Are They Getting Harrassed?

    Thank you both for information. Letter will be sent out on Monday.


  9. #9
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    Default Re: Bos - Are They Getting Harrassed?

    Quote Originally Posted by Ellie41

    I know that in Scotland I can put in 2 separate claims for up to 750 each claim but does anyone know what happens if you lose the court case in Scotland - are you liable for their solicitors costs etc?
    Have a look here it explains how the legal process for small claimsicon (ie up to 750) works in Scotland
    http://www.govanlc.com/chargescourtaction_scotland.html
    "If you raise a small claimicon with a value below 200 there is no award of expenses, and for claims over this sum the max award is 75. This means so long as you act in good faith and pursue a claim for under 200 the bank can't recover any expenses if you lose."

    (Yes I work for a bank but am here to help! Please be nice to me! )
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  10. #10
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    Default Defender's Address?

    Hi

    I am in the process of starting a small claimicon summons against Bank of Scotland but I am a bit confused as to the name and address of the defender. The first offer we got was from Bank of Scotland, Edinburgh. The second offer was on halifaxicon headed paper in Leeds and the last letter was on Bank of Scotland headed paper in Leeds.

    Do I just put the name and address of my local branch?

    Thanks very much for your help.

    Ellie41


  11. #11
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    Default Re: Defender's Address?

    I would put the BOS head office addy, you dont have to put a name on it i.e Joe Bloggs, just the BOS.

    06th April 2006 Statements requested for last 6 yrs:
    Bank of Scotland: Current account Breaching DPA
    Royal Bank of Scotland: Style Breaching DPA
    Capital One: Mastercard Request for 499.23 on the 17th April. 40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.
    Coop: Crashed and burned into giving in Full and final offered 16 days after LBA

    Thats enough just now, more to come though
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  12. #12
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    Default Re: Defender's Address?

    I used the Edinburgh Head Office address on my claim, with a line in the claim that stated my account was held at XXXX branch and so came under the local sheriff court jurisdiction.

    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.
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  13. #13
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    Default Re: Defender's Address?

    Hi Ellie
    Have you set up the small claimicon with the court? If you live in Scotland then you can claim in the jurisdiction of your home as the money is due to be paid to you at your home. I've completed mine with a hearing date on the 27th June in Edinburgh.

    06th April 2006 Statements requested for last 6 yrs:
    Bank of Scotland: Current account Breaching DPA
    Royal Bank of Scotland: Style Breaching DPA
    Capital One: Mastercard Request for 499.23 on the 17th April. 40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.
    Coop: Crashed and burned into giving in Full and final offered 16 days after LBA

    Thats enough just now, more to come though
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  14. #14
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    Default Have Received No Interest

    Hi everyone

    Goodness me, what a problem I have had trying to log in - am an AOL e-mail.

    Anyway, issued Bank of Scotland with small claimsicon summon and they have paid us 719.00 plus 39.00 court fee but no mention of 8% interest which was mentioned in the summons. Do I write and ask for it back or just leave it?

    Thanks

    Ellie41

    5 threads merged - please do not start a thread for every question!!

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  15. #15
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    Default Re: Have Received No Interest

    I have written to them saying that the claim is not settled until the 8% interest is paid. Have you notified the sherriff court that the claim is not settled?

    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.
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