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    • It's genuinely amazing how you managed to rebuke pretty much all of my points without giving a single shred of evidence to prove it. When asked for evidence all you claim is that "it's clear cut" but how is anyone here meant to know if you won't show it?   I agree with this. If you can't convince us, how are you going to convince the judges when this inevitably goes to court?
    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
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£3383 in charges 05/06.. the balls rolling!!


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Hi there, was just wondering if i could get some guidance regarding the charge reclaiming.

 

I've been with the BOS for nearly 7 years and would say i've had thousands of pounds of charges. :shock:

 

On occasions up to £300 a month over the last few months, due to there charges makin my account over drawn, and charges of £28 being debited a month later for being overdrawn, it knocks off a D/D's then applies a charge of £39, sometimes I have had 3 charges off in one day and if theres more to come off then they apply them the next day. :Cry: but am not very clued up on this and just pay the charges to get them off my back

 

 

this really does seem to be too good to be true that they will refund charges , i have fought on numerous occasions with them to get them refunded, and keep getting told they cant do nothing about it,... i had the same conversation with the bank that Mrsmiggins had over the phone, that she posted on monday 6th march

 

I look forward to hearing from anyone who can help in any way with the battle with the bank.

 

I have printed off the letter requesting the list of transactions and charges applied and intend putting it into the bank today

 

wish me luck.. :wink: will keep you posted how things are going :?

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Hi there

 

I have also incurred thousands of pounds worth of charges on my BOS account which I have had for about 11 years now. Over the last 6 years the charges have been relentless and pretty substansial. I have to admit a lot of the going over the overdraft "unauthorised borrowing" was my own fault but it is only upon reading this forum and seeing the law laid down in black and white that I have have come to the conclusion to do something about this.

 

Have just spoken to someone at RBS customer services today and they are going to send me 6 years worth of statements (for a charge of £5). Funny that initially they said they couldn't do this but as soon as I mentioned the Data Protection Act and the lady spoke to a supervisor it suddenly was not such a difficult task.

 

Apologies if this has already been answered but I have checked through the forum and the FAQ's and cannot see an answer. My branch and my account are based in Scotland but I live in London and have done for 6 years. Am I likely to fall foul of the small claims limit for Scotland?

 

Thanks

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:Cry: .. hi .. i'm not sure about the small claims court.. i'm hoping it doesnt go that far but will just have to sit tight and buckle up if things start to get rocky.. i dont intend giving up without a fight.. i've lost toooo much in charges, but like yourself it's partly my fault.

 

I handed in my letter today so hopfuly it will start the ball rolling..

 

GOOD LUCK!! :D

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  • 3 weeks later...

.Hi All

 

I've been on this site for a week or so now and got more and more angry reading how much the banks have scoffed of our money..

 

On the 8th of march i plucked up the courage to personally deliver my DPA letter requesting my statements for the last 6 years to my local BOS where my accounts are held, 2 days later and "no charge" i had my statements for 2004, possibly only 2004 because i have been on the case for losing £400 during a bank transfer.. and still waiting for my money to be found.

 

i went over and asked for the remaining years that they hadnt sent out and they did so for FREE... reading through them and calculating the charges i felt sick!!!.

 

from feb 2005 til march 2006.. a staggering £3383 in charges!!!!

 

I have now filled out my request form for the charges to be refunded.

 

I understand that being in scotland i can only claim up to £750 through a small claims court, maybe i'm wrong and if so.. i would appreciate if anyone knows different to get in touch, but intend to reclaim in portions if possible until the total for that year is refunded.

 

I really feel out of my depth here and a bit sceptical but going to give it a try regardless. if anyone can be of any help.. i will keep posting progess reports for other people to view as it will maybe help them get the jist of whats happening also.

 

good luck to ya all x

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woody, you can claim in the sherriffs court between £750 and £1500 using a summary cause claim http://www.scotcourts.gov.uk/sheriff/summary_cause/guidance_notes.asp

It is slightly different to a small claim, you may be liable for costs if you lose, but I think these are limited.

Good Luck

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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i've since had this reply in another thread, which has made me reconsider the summary cause route

 

Originally Posted by Robertxc

Probably not. Things definetly get more complicated in Summary Cause, and you won't be protected from paying costs if you lose, and those could be well into four, if not five, figures.

 

In my experience, the Sheriff will give you a lot of help in Small Claims, because it's intended for people who are representing themselves. Summary Cause is intended for lawyers, so you will find the Sheriff much less tolerant if you get the procedures wrong. The risk of having your cased kicked out is much higher in summary Cause. Also, bear in mind that one of the main reason that the banks don't defend these actions is because there is no way for them to recover their costs if they win (in Small Claims). If you do it in Summary Cause, then that disincentive no longer exists...

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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  • 2 weeks later...

Hi woodyptk

 

I am claiming for £1,858 worth of charges over six years (have just posted letter asking for money back!) but I am stuggling to find out information about Scottish Courts, I know they have a website but I need someone to break it down into simple language. I understand the limit for a small claim in £750 so is it possible to break these amounts down into £750 chunks?! Also does the process of going through the Moneyclaim site apply to Scotland as well? I, like woodptk, feel totally out of my depth here and hope someone can clarify exactly what the process is in Scotland! I also don't want to back down either because I strongly disagree with the way the banks are humping us with these ridiculous charges!!

 

I have also thought about going to my local Citizens Advice Bureau for help because I want to be prepared in case I have to take this further!

 

Thanks in advance!!

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it really is as easy as it looks follow the info on the site

and

http://www.govanlc.com/

you will get your money back.

i filed against abbey in the scottish system and im breaking my £9000 over 5 years into 6 month chunks of £600.

abbey have already offered me half!

 

dont give up its your money and your local sheriff's office will be only too happy to help you if you sho you have made the effort

 

all claims info can be found either on this site or the govan one

if in doubt ask

1)wintermare vs abbey

SETTLED £1901

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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