address in complaints leaflet: Bank of Scotland Customer Relations Dundas House, Viking Way Rosyth Europarc Rosyth KY11 2UU address to which my local branch passed on my case: Bank of Scotland Retail Banking Customer Relations PO Box 29112 Dunfermline KY11 2ZX

Claim filed 10/05/2006. I haven't seen many BOS claims on litigation list.

o.k. forms duly typed up, bit confused over form 1a and form 1b and the difference, but have a copy of each plus two copies of spreadsheet and will ask Clerk to help me . But yet another question, still time to alter things before I depart in the morning, do I include on my spreadsheet the 8% interest column and does the interest stop accruing at date of claim? Or does it continue accruing until Defendant agrees to settle?

thank you......listen out for my busy little keyboard tap, tap ,tapping out that claim. Off to the Sherrif court tomorrow...

How do you pay into an online account? e.g. Smile

LBA deadline expires tomorrow,so I am preparing my claim for submission. My prelim approach was made to the branch where my account is held. This was passed on to customer relations. I also sent LBA to branch and to customer relations and received phonecall fom branch mamger to say that it was being dealt with by named person at customer relations. So my question is to whom do I address the claim, branch manager, customer relations, (named person) or to the Bank of Scotland ?

LBA deadline expires tomorrow,so I am preparing my claim for submission. My prelim approach was made to the branch where my account is held. This was passed on to customer relations. I also sent LBA to branch and to customer relations and received phonecall fom branch mamger to say that it was being dealt with by named person at customer relations. So my question is to whom do I address the claim, branch manager, customer relations, (named person) or to the Bank of Scotland ? Please post this in your main claim thread. That way we get the whole story to read and you get better advice. Thanks.

bu**er, sent cc to head office without the refence number on it, although it has account details and customer relation oficers name on it, so they should be able to trace it. Or do you think I should resend with ref number added. Also, what do folks think about faxing stuff rather than posting?

Hear hear! Bring back old Bank of Scotland, I too do not like the change of attitude and policy.

Phone call from branch manager telling me my complaint was being dealt with by customer relations and when I asked if she wanted to be kept informed of what I was doing very hastily said No ! lol As I have also received the standard letter we are sorry..blah blah blah, have offered you 6 months charges...blah, blah blah I now have name and contact of person dealing with my 'complaint'. So I have just faxed her a copy of the LBA I sent yesterday, also going to send one to Head Office in Edinburgh, having already sent one to Leeds address. Its very confusing knowing exactly WHO you are dealing with at HBOS

I didn't send the full spreadsheet, I cut and pasted the first three columns, they can see the interest column if they don't act on this letter. and the longer they take the higher its going! Sherry, my letter was based on the LBA template on the Govan Law site http://www.govanlc.com

I used the Govan Law template and sent BOS this..... 25-04-2006 xxxxxxxxx xxxxxxx xxxxxxxx xxxxxxx Dear Madam Penalty & unfair charges – request for refund for xxx xxxxxxx x xxxx xx-xx-xx xxxxxxxx Charges applied to account between 28-07-2000 and 05-01-2004 totaling £740, please see attached spreadsheet. I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 “Sir Fred Goodwin told us that for RBS "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges".) online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm). Accordingly, the charges applied to my account are not a reasonable pre-estimate of your bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK). Please refund these charges to my account within the next 14 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for 8% interest plus costs. On a separate note, on 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 - online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm). I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit license under the Consumer Credit Act 1974. In that eventuality I will submit a 1974 Act complaint to the OFT. Yours sincerely Cc: Bank of Scotland Customer Relations PO Box 548 Leeds LS1 1WU

LBA delivered by hand to branch letterbox and cc to head office, using the Govan Law Centre template this is what I sent, xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxx xxxxxxxxxx xxxxxxxxx xxxxxxxx xxxxxxxxx 25-04-2006 xxxxxxxxx xxxxxxx xxxxxxxx xxxxxxx Dear Madam Penalty & unfair charges – request for refund for xxx xxxxxxx x xxxx xx-xx-xx xxxxxxxx Charges applied to account between 28-07-2000 and 05-01-2004 totaling £740, please see attached spreadsheet. I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 “Sir Fred Goodwin told us that for RBS "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges".) online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm). Accordingly, the charges applied to my account are not a reasonable pre-estimate of your bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK). Please refund these charges to my account within the next 14 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for 8% interest plus costs. On a separate note, on 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 - online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm). I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit license under the Consumer Credit Act 1974. In that eventuality I will submit a 1974 Act complaint to the OFT. Yours sincerely Cc: Bank of Scotland Customer Relations PO Box 548 Leeds LS1 1WU

I have had a change of mind and removed that paragraph and am making request for repayment of £740. Once this is settled I will repeat for the next £740 and so on until all settled.

o.k I have decided to just go for the first £740 and then repeat for the remaining amounts. So now I have a further question, my LBA is going to my bank manager, and also cc to head office. To whom at head office should it be addressed, customer Relations officer/manager, or a named bod?

I have put the following paragraph in my LBA Charges applied to account between 28-07-2000 and 02-02-2006 totaling £2760. Due to limit of Scottish small claim procedure of £750, first claim (of four) of £740, please see attached spreadsheet.

Lba ready to be delivered this evening, but still time to adjust it if you think this incorrect. I am making a first claim of £740 and have indicated in my letter that the total amount is £2760 and that I will be making further claims to refund this. Or do you think I should leave this out and just make the first £740 claim. I'm slightly concerned as some posts seem to imply that this is playing the system and could be frowned upon. Also I would be happier to get it all back in one fell swoop.

can we use other peoples letters to back up our own case, where such an admission has not been received?

I have had a case in the small claims court before (in Scotland) and everyone involved in all of the cases being heard in that session were in the room and the cases heard one by one.

I have my LBA ready to deliver this pm, so still time to change if you think this incorrect. I have included my total claim, £2760, but have explained why I am only claiming £740, and have attached my excel spreadsheet showing how the full amount will be divided up. My thought was they might be settle the full amount in one go rather than repeating the process another three times.

ignore

I began reclaiming my charges unaware of this and am at LBA stage (1st of 4 claims ). I had a phone call from BOS customer relations yesterday offering a paltry £150 back . they did not mention that I had gone beyond the 5 year limit so I will for now continue with my original dates which is July 2000.

just had a phone call from BOS Customer relations- they have looked at my account and the charges are legitimate and basically offering me £150 in full and final settlement ! I pointed out to her that as I can only claim £750 this was the first of several claims and that the total was £2760 and so £150 fell far short of the mark. She said "I take it you are not going to accept this then" "no !" she said she will put this in writing and I then pointed out that I will be sending them a letter before action as I intend to raise a claim and that it will then also include 8% interest plus costs.

good result! How far along the claim process did you get?

I am getting confused over the time limit of claims for Scotland, I have seen 5 years stated in several posts. My prelim letter has been sent and tomorrow is the date for the LBA to go in, however my claim goes back 6 years, have I made a mistake and fallen at the first hurdle?