Hi SR

You might find this thread helpful:

http://www.consumeractiongroup.co.uk/forum/scotland/71846-speedy-bos.html

Speedy is claiming £7k and is looking to pursue an Ordinary Action.

Which bank are you claiming against?

I'm asking because I sent my first letters on 9th Feb giving 14 days, but my second letters went on 19th Feb as Marbles and Goldfish had both replied. I received both cheques today, less than a month after my first letters.

If you're dealing with one of the more difficult banks then it is probably better to wait the 14 days though.

Well done Nighteyes. I am helping my mum with a claim against First Direct so this looks good for her!

Do you have house insurance with free legal advice or anything like that? A lot of household insurance does this. Just an idea.DT

Brilliant idea DT! Some employers and Trade Unions also offer free legal advice.

I called them last week and they had no record of receiving my letter but the guy on the phone said he could accept my phone call and would start the process of getting a cheque raised.

No cheque has arrived as yet! I think I will call them again tomorrow.

I'm with Donald on this one! If you want to get back the £7k you will definitely be safest raising an Ordinary Action and using a lawyer. As Donald says, when the bank loses the case it will have to pay all of your costs so you won't have to fork out any of your hard won cash on legal fees.

I am not a lawyer, so this is just a layperson's suggestion:

1. Whilst you are waiting for the first "get lost" letter from BoS, find a lawyer who offers a free first consultation.
   
2. If you don't like the first one you meet, visit a couple until you find one you're comfortable with.
   
3. Once you've settled on a lawyer, when you send your LBA you could state that you intend to raise an Ordinary Action in your local Sheriff Court, via your legal representative Mr X of Messrs XYZ, Solicitors if the bank do not settle your claim in full within 14 (or whatever) days.
   
4. If they don't settle in the 14 days, give them a call to let them know that their time is up and you are prepared to give them a final chance to pay out before you take court action against them. If they agree to settle, you've paid out nothing.
   
5. If they don't agree to settle, then you will have to take them to court using your lawyer. After this point, don't settle for anything less than full repayment + interest + costs.

They only owe me a few hundred (thankfully) but if I was trying to get back £7k I would definitely want to guarantee as big a payout from them as possible.

Thanks Stevo.

Just a quick question (sorry to hijack your thread) but do they have 40 calendar days or 40 working days to provide the information? If it's 40 woking days they effectively have 8 full weeks from the date of your letter.

If it's 40 days, mine are due back by 23rd March but if it's 40 working days then they have until 6th April.

Best of luck roadrunner. I will have a claim against this lot as HBOS so I'm watching this thread with great interest!

Sorry to hear about this George.

Good luck with handing out leaflets etc - many more people need to discover this site and claim back their money!

Ally

x

Another one bites the dust.

09 Feb - sent letter requesting £190 plus interest.

15 Feb - Marbles send usual "charges are fair" reply

19 Feb - sent LBA

21 Feb - Marbles offer £120 full & final

01 Mar - speak to guy at Marbles (very helpful & pleasant), agree full amount

02 Mar - letter arrives offering £190 plus approx £40 in interest. Signed and sent back immediately. Cheque should arrive within the week.

I thought this lot would be very difficult to deal with given their first "get stuffed" letter, but when I actually spoke to the people in the customer complaints centre they were extremely pleasant and helpful. They seem to be a nice bunch, just going through the standard dance in the hope that lesser mortals will either give up or settle for smaller amounts.

That's me up to just over £300 now and waiting for my DPA info from Halifax, Clydesdale, MBNA and Halifax CC.

Best of luck for tomorrow George. Hope you win big!

Good luck mate. I'm going to have a claim in against these monkeys so it looks like I will be making a trip (or two) to Glasgow Sheriff Court. Luckily, I've been there before (jury duty, of course) so I know the layout and it doesn't worry me at all.

I've still not had a response to my request for DPA info that I sent on 9th Feb - no acknowledgement letter and they haven't cashed my cheque.

if you look in the library there is a letter especially for acceptence of partial settlement but saying you will carry on for the rest of your money try

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

Cheers bobtheb. I will save that link for other "battles" as I've had a letter from the lovely people at Goldfish today offering my full £80 as final settlement. I've decided to accept and not bother about the interest.

Yippee! I'm getting back the full £80 from Goldfish. It was a relatively easy process to go through too.

09/02/07 - Sent first request letter asking for 4 x £20 + interest

15/02/07 - Goldfish send polite letter thanking me for giving full details of the charges and dates, and offering me 4 x £8.

19/02/07 - Send LBA politely stating that the offer of £32 is not acceptable, attaching schedule (again) showing £80 + interest and giving 7 days for a satisfactory reply before I raise a Court action.

20/02/07 - Goldfish send nice letter (received 22/02/07) saying that although they don't agree that the charges are unlawful they are prepared to pay me the £80 as a gesture of goodwill.

I've to sign and return the copy letter by 6th March and I'll get my £80 back.

I'm happy with that result, as I used the interest as a bargaining tool to let them beat me down to the refund of the fees.

Nice one! All thanks to CAG/MSE/Motley Fool!

I'll ask a Mod to move this post. I started a new one as my previous thread had Goldfish & Marbles on it and I've not had a reply from Marbles yet.

Cheers Walker. I just got a bit confused.

I've sent off my SAR with cheque on 9th Feb so they have a while yet to get back to me. It looks like what you got was a standard letter designed to put off lesser mortals!

Ally

I have now received a letter from the Clydesdale Bank telling me that is is up to me, e.t.c. They have also advised that this is the end of the matter. It has passed 14 days so do I now submit the Letter Before Action. My concern with this is that the letter seems to have been written in the way of no response from your Bank. Do I still submit even though they have stated they will not refund?

Hi Walker

Could you clarify what you mean by the underlined bit? I am going to be raising a claim with CB as well and have sent away for my data (complete with cheque).

Are they telling you it is up to you to gather the information?

Cheers,

Ally

I was having a look over on MSE and the advice seems to be that I don't need to wait until 23rd Feb as they've replied within my original timescales.

I called Goldfish to give them the opportunity to settle before my LBA, but was told that I'll need to contact them in writing and their Customer Liaison person will take it up with their Legal Department and they'll come back to me. I've prepared the letter and have given them 7 days to respond. Does that seem reasonable?

I haven't spoken to Marbles yet but I'm tempted to phone them as another poster did this and got full settlement before sending a LBA.

well done! the airdrie saving bank are terrible for there bank charges! i have been a customer of theres for over 20 year and im sick of it. hopefully ill get a good reponse like yourself.

 

well done for goin all the way!!!

Good luck! Just make sure you have a parachute account if they have started closing people's accounts in retaliation.

Would the OP's wife perhaps have a claim against them for doing this too, given that A&L have been fined for retaliatory account closures?

Hi folks!

I sent away my letters to Marbles & Goldfish on 9th Feb claiming back £190 and £80 (plus interest of £39.87 & £16.37) respectively.

Marbles replied along the lines that HFC bank don't recognise the FSA ruling and aren't willing to pay me anything. A few days later Goldfish replied saying that they'll pay me the difference between their charges and the £12 now set by the regulator (total £32).

The next step is obviously my LBAs, but as I gave them both 14 days to reply do I need to wait until 23rd Feb before I send them? Should I give them a call first to see if they'll settle over the phone?

I have also sent letters requesting data to HBOS (current a/c), Clydesdale (current a/c), MBNA (4 CCs!) and Halifax CC.

Hi bobtheb - well done! I've received an offer from Goldfish of £8 per claim (the difference between what I was charged and the £12 now set by the regulator).

How did you manage to accept their partial settlement and then still go on to claim the lot? I had intended to reject their offer outright and go for full settlement plus interest.

Any help would be appreciated!