Jump to content


  • Tweets

  • Posts

    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Johndough vs. Bank of Scotland


johndough
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5998 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there, another newbie. Today I finally got around to going through the pile of statements I have received from the bank and have around £5000 in charges (just about fell off my chair!). I am going to do a bit more reading on here etc. over the next days before the next step but for now there are a couple of things I am not clear on.

 

The £5000 covers the period Jan 2001 - Aug 2007 which is more than 6 years so I am not sure when you are supposed to backdate the claim amount from, is it the date of applying to the bank for statements? the date of requesting reimbursement of charges? or just whenever I want to set it?

 

I hope once I set the period it will be under the £5000 mark so I can still go via Small Claims. For this reason I am thinking about ignoring the interest as well?

 

The other thing is I have read that in Scotland you can only claim for 5 years, is this true as this applies to me?

Link to post
Share on other sites

  • Replies 58
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi John

 

Welcome aboard !

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/106459-grant123-bos-hbos.html?highlight=grant123

 

In Scotland you can't claim for more than five years, I started my five year claim from the period I got my statements and worked out the sums involved.

 

In Scotland the small claims court only handles amounts up to £750.00. You can claim above that but you may be liable to any court exspenses should you lose the case.

 

Have a look at my thread, it should answer a lot of the questions you probably have, if I can be of any help give me a shout.

 

Cheers

Link to post
Share on other sites

Hi John

 

Welcome aboard !

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/106459-grant123-bos-hbos.html?highlight=grant123

 

In Scotland you can't claim for more than five years, I started my five year claim from the period I got my statements and worked out the sums involved.

 

In Scotland the small claims court only handles amounts up to £750.00. You can claim above that but you may be liable to any court exspenses should you lose the case.

 

Have a look at my thread, it should answer a lot of the questions you probably have, if I can be of any help give me a shout.

 

Cheers

 

Correct re 5 years, generally and re court BUT.

 

HBOS decided to pay Scottish customers same as English etc ie 6 years. This was not out of altruism or a fondness for us Scotties, but it made their admin easier. I and Dusary both got this amongst many others. :)

Link to post
Share on other sites

Thanks tilly, I see. I am using the simple spreadsheet and I see it updates the interest automatically at 8% for each charge so that's fine.

There are a few different descriptions of the charges in the spreadsheet template that I don't have on my statements though (EXCESS O/D CHARGE is all I have on my statements) does this matter?

Link to post
Share on other sites

Oh phew! Thanks. I thought I was going to have to figure it out from the transactions myself!! I wish I'd done this a few months ago I'm going to New York next month and have no spending money lol!

Link to post
Share on other sites

Okay I have filled in my spreadsheet to cover 1 Jul 01 - 30 Jun 07 and it comes to £4,771.00 plus interest of £678.15 (£5,449.15 total)

 

If I send my prelim letter based on this do I have to stick to this total figure IF it goes to court process or can I amend it based on the legal route I decide to take?

Link to post
Share on other sites

Hi Johndough

 

Welcome.:D

 

I think Ive got this right, if not please forgive me.

 

You send your prelim in with the spreadsheet but dont mention the 8% on this (not until you get to the Court stage) just the date your claiming from and the charges . The interest automatically acrues up until the date you win your claim.

 

They have 14 days to reply if not then its the LBA then another 14 days if still no response then its the N1 off to the Court.

 

You may get the usual letter saying how they have put a stay on all claims till after the test case but just ignor this and carry on with claim in the normal way.

 

They are really good at trying to disuade people from putting claims in , stating that their charges are lawful and fair. Yea OK.ha.

 

Good Luck and any problems at all no matter how big or how small they may seem just give a yell and someone will be there for you.

 

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

Link to post
Share on other sites

Hi guys. Thanks Overflow. So all my spreadsheet should show is the columns for Description, Amount, Date Incurred and the Total Charges. No interest of any kind?

 

Should I address my letter to the Edinburgh or Halifax HQ? Does it matter?

Link to post
Share on other sites

Thanks Tilly - okay I'm printing and posting. How exciting! I feel like such a rebel *chuckle* :o]

 

Oh wait, that's what I was going to ask. Is it okay that I include refunded charges as a deduction on the spreadsheet too? Not that it happened often like…

Link to post
Share on other sites

I'm sorry tilly I don't understand what you're saying there… :confused:

 

I'm a bit confused because the prelim letter template states the total charges AND overdraft interest so should I not show the overdraft interest on the spreadsheet too? Sorry I am totally paranoid I will do something wrong so am being very careful. The prelim letter says:

"I calculate you have taken £XXXX plus £XXX which you have charged me in overdraft interest…Total £XXXXX"

 

?

Link to post
Share on other sites

Ok cool thank you :) that's what I have done on the spreadsheet overdraft interest is shown but Judicial interest is blank.

 

Does the paragraph about "you have added a default notice against my credit record" apply to everyone? I don't know anything about them adding a default notice?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...