the only thing that bother me is he will expect me to help him, but i am sure i will, the account is now closed as the bank when they forced him into a corner and ultimately bankruptcy they also shut the account, is it still a case of writing to the bank asking for all information including bank statements from when the account was opened until it shut.

No i am not including maintanence charges as i assume these are fair for running the account, One of my account charged me £5 per month but paid higher interest etc, If you are happy to waive the interest i would think you should send your first letter to the bank and copy it to the FOS just to keep things rolling,

New version of cluedo MR PLUM DID IT IN THE FRUIT AND VEG AISLE WITH A BOTTLE OF MILK.....or maybe SUPERMARKET SWEEP

OK i hear there is a small problem with TESCO, would you like a website dedicated to the cause, i have helped build a couple of crackers but i never thought about TESCO until now, tesco have tesco.com but what abotu notesco.com (not esco.com just in case they try to take us to court) the one where i live is crap and only 20 mins away we have TESCOTOWN yes Inverness in the Highlands of Scotland where TESCO have taken over, 3 tesco superstores in one city Inverness population 70000 or so that is a tesco for every 25 thousand people TescoOPOLY if you ask me Strangly i have not heard any one come up with a tesco naming competition that would be fun Invertesco Tescoland The republic of Tesco The republic formerly known as TESCO Not sure how this will go but it takes my mind of the Bank for a while

HI I have a good one for you all to ponder, a friend was declared bankrupt 10 years ago and he states it was because of bnak charges, what would his chance be of getting these returned etc He is discharged now and well on the road to recovery but i was chatting to him about the forum and he wondered is it possible to cliam back after such a long time, he was bankrupted over £13000 of bank charges when he was off sick, the RBS have a lot to answer for Cheers for your thoughts

Dusary, i agree contacting the FOS is a real option as they have not yet had the chance to investigate a complaint of this sort, not a single bank charge compliant has been investigated yet which i have to say looks good from your point of view, if you want to contact the FOS make the complaint now as they give 8 weeks from your first letter to the bank, which in my case has expired 5 weeks ago, i did report the Bank of Scotland to the FOS and i am waiting for the response now as the bank have had the required 8 weeks then a furtehr 3 weeks to sort this out but they still messing about so the FOS may get a chance to investigate very soon, The only bad thing is you may not get the interest only the charges returned but i feel that because the bank have taken so long i am claiming now for compensation which the FOS seem to be wearing at the moment so fingers crossed i will either get my money back plus compo or the satisfaction of being the first person to get the FOS to investigate a case. that would be fun, the only reason i have waited for the FOS is that i ahve not had the time to sort out a court option, but in a week or two that will change so i may still take them to court.... Good luck

The only problem with a PO box in England would be several trips to court possibly, if they defend the action, which i am sure given the amount they would defend....i know that my solicitor would do a claim like this for a percentage of the winnings plus some time, so it might be worth while looking around for one that will do that closer to you. Best of Luck

I am not being funny but with that many charges i would employ a solicitor, there is at least one other person i think that has had charges that high and i think another member has destroyed a bank solicitor with a case like that Good Luck,

Next time you get a call try this, They call you, you answer, they ask hello can i speak to Mr whoeva and you say, please wait while i connect my remote call recording equipment, (shuffle about for 20 seconds) then say ok, this call sibeing recorded can you please state you NAME, ADDRESS, POSTCODE, DOB, MOTHERs MAIDEN NAME loud and clear please When they say what! just politely ask them again, keep repeating until they give up. as i am sure there is no way in heck they will give you any of that details over the phone, so why should you Good luck

Well done, i really agree, i think consumers need to fight for more as our rights are being taken from us by so called ombudman groups etc etc which do nothing. If everyone who reads these forums stands up for themselves then it is only a matter of time until the consumers take it back. This is our money and i just keep reminding myself, they are taking my money!

Just a note to let you all know i was succesful at claiming that i was entitled to what the Tax Credits office paid me, This is what i wrote to them , We are sure that the overpayment of tax credits would not have happened if the tax credit office had not made a mistake with our claim and removed our children from our form, when the tax credit office removed our children from our claim form it left us without a claim and our tax credits were stopped completely, my wife then phoned the tax credit office and after several phone calls we finally persuaded the office to arrange emergency payments which were then made on a weekly basis at considerable inconvenience to us which meant we had to make a round trip of 35 miles to pick up a cheque from the Inverness office. We feel that the error was totally the fault of the tax credits office for removing our children from our claim form and once they had reinstated this which took many weeks and several phone calls which once again we had to pay for we were informed that it was sorted out and that would be the end of it. We then received a claim for overpayments and feel that as the fault was the tax credit office that we should not be liable for the overpayment and if anything we should be reimbursed for the hours spent trying to sort out the mess that was created by the tax credits office which involved many hours on hold on some occasions and many hours on the phone, this compensation should also include my time spent writing letter to which you have never responded. I would appreciate if you could bring this to a speedy and acceptable resolution. It was ture btu it may aork for others just by altering the wording, i know they dont like the idea of compensation for letter writing and stress, in the end they had to pay us back nearly £1200 . Good Luck

Yesterday was the last day for a response from the Bank of Scotland, the FOS had informed them that 12 weeks was too long to expect a customer to wait more than 2 weeks ago and they still never responded. I have emailed the Finacial Ombudsman Service that i am now very unhappy that the bank have even refused their attempts at refunding my money or providing an explanation as to why they have not issued me a refund. I expect to hear back tomorrow at some point but i have also said i now expect a full investigation by the FOS into the Bank of Scotland charges which may be a bit of a laugh, i am told the FOS can now carry out an investigation as the bank have missed the final deadline, Does anyone know what happens next....i am happy to do without my charges for an investigation instead and in that vain i have made it clear that i now expect some form of damages or compensation also, not sure what i will get now. I am still holding out for my full amount of chagres though and interest and damages now..... Any ideas, I really dont have the time to dedicate to court action for another 2 weeks yet!!!!! But if it is not investigated or under way at least by then i will start the court action. Anyone see the brennan article That man has some GUTS!

SOME GOOD NEWS TODAY, I have been back in to see the solicitor and it looks like not only is he happy to sue Capital Bank as the Supplier and HP Provider but he has managed to get me Civil Legal Assistance also which means up until court action is required it is free and hten if it has to go to court he will apply to the Legal Aid Board in Scotland for a Legal Aid Certificate and if succesful means that he can continue until capital bank lose or i lose, either way once he has that certificate i do not have to pay for costs if i lose. Capital Bank will not get costs back even if i lose. All in all the solicitor is happy that he can do something and i am now in the process of sending all the paperwork over to him Hopefull this will be it sorted.

Too make it absolutely clear i am charging for bank charges only no overdraft charges or interest but i have worked out that if i charge the 8% interest then i am due another £350 Do i hold of for the interest on the charges also, i realise that if it goes to court i can add on the interest but can i get the interest if they decide to settle before i have started court action.

It does kind of make sense, but i thought i was only actually entittled to the interest if it went to court! i have £370 in interest which i put on the second letter and i have carried through all other letter which was calculated from the date each charge was applied, Am i correct to hold out for the interest and will the FOS also expect the bank to pay me the interest as they are only 9 days away from launching investigation (which might be fun) i have contact from a fairly resonable person at the Bank of Scotland and she has even allowed me to email her which i have done, as the FOS are now demanding the bank sort this out in the next 9 days i believe they are doing all they can to sort it out but they are in no way offering any interest, i thought i might offer them a chance to end it now by fofgeting hte £60 difference but adding the interest and telling them if it is paid in 7 days then i would inform the Ombudsman. What do you think

Well the difference is about £60 but i have rechecked my figures and it seems that i am correct unless there is a previous refund which i cant find, obviously they are not offering me any interest or the likes, and they have kindly informed me that if they are correct it will be thrown out of court, If they are correct then i have to accept it dont I, if i dont then there could be problems...i really thought the FOS was going to get involved this time just for the sake of it.

Has anyone gone the distance with the FOS yet, i am told they have never had to investigate yet, but mine is getting close, my bank has 10 days until the FOS starts to investigate, The FOS wrote to me asking if i have recieved the banks final response as the bank had not even bothered getting in touch with them (ha ha) So it might be a trial yet, i am under the impresion that once the next 10 days go i dont have to accept anything until after the FOS has investigated, i would have been to court by now if i wasnt so busy...never mind maybe another learnign curve

Is it normal for the banks to argue about the amount of charges, they are offering me very close to the amount i am claiming from my statments but they are not offering me any interest or the exact amount i am claiming, they state that their system can calculate the charges and i am claiming to much, the financial ombudsman is 10 days away from launching an investigation also as they have taken so long to sort it out, i recieved a letter from the FOS stating that the 8 weeks had passed and the BOS wouldbe given another 14 days only....what next! i fear that i may have mde a mistake in my calculations and i am also unsure if i should hold out for interest or even if i am entiteled to interest....

Thanks, i see how it would work now, i assume that if it is ok to down the Summary cause route i would have to go to court myself but that would ultimately be a cheaper option and if succesful i would recover approx £1500 which would not be to bad as i have only paid then £2500 I know a solicitor would not want to lose money but i will ask his advice on Thursday.... Thanks Again

I am unsure if i can use the small or summary claims procedure as i am not just claiming money, i want ht econtract repudaited to be sure they can not come back and do anything else, If i was to use the summary cause route is it possible to claim back say my £1500 and get the judge to rule on the HP...or am i lost here.

As solicitors up here tend to be £150 an hour how much time would you estimate is required to take a case like this to court?

HI, I think now it makes sense, as the solicitor was talking about sueing the supplier he may still have been talking about the HP company but from a different point of view, i hope... I will find out for sure on Thursday when he gives me an idea of exactly what he is going to do and how much it will cost, Do you know if i am succesful should i be able to recliam all my expenses? as another solicitor told me i would only be able to claim 75% There are a lot of people in agreement with me BTW i think only one person has disagreed with me so far at I MAY HAVE BEEN RIPPED OFF BY CORRIE MOTORS INVERNESS, DONALD MACKENZIE MOTORS AND CAPITAL BANK I hope this adds something to the impending case.

There are a few strange things on this agreement, the other strange thing is it states i do not have the right to cancel the agreement under the Consumer credit Act, which i am informed is a unfair so can be ignored. I am back into the solicitors on Thursday next week so i will get a final idea of what he suggests is best then, and i will post the details for you to check, meanwhile please send as many people over to the survey site as possible so i can get an idea of what is the norm. I am not asking for Mechanics just reasonable people who in their opinion can answer fairly. Thanks I MAY HAVE BEEN RIPPED OFF BY CORRIE MOTORS INVERNESS, DONALD MACKENZIE MOTORS AND CAPITAL BANK

HI Again After looking carefully at my notes this is how i get the just of what the solicitor was saying, (and i may have got it wrong) In the HP agreement it states that if the goods are not satisfactory then i may sue the HP company or the original suppier or both, and i believe this is where he took the idea to sue the garage, nut i could have got him wrong and he may indeed be wanting to sue Capital bank instead. the only real spaaner he threw in was the "not of satisfactory quality" remark and what a reasonable person would "EXPECT" i think i am being reasonable but may be not.....hence the site. By the way the solicitor does state he is CIVIL & Consumer only Rosie Thanks for your info you are amazing at these things and i just wish you were in this part of the UK to help me out properly in court, you dont fancy a holiday up in the north of scotland (ha ha) Cheers Derek

Well i went to see teh friend of a friend and then he put me onto a solicitor with experiance in Civil Law who i have skopen to and outlined my case and he seems to think that regardless of the HP i can sue the garage also for not providing a vehicle that is of satisfactory quality, He thinks this will give a faster response also, i am only going by what he has said so far but i have to go back and see him next thursday for a final this is your best chance conversation... Also the website was to try and gauge some reasonable idea of what people regarded as satisfactory...it is not fo rthe type fo faults but for the length of time it took to repair etc as i was still paying for it regardless of if i could use it and no compensation has been offered in fact nothing has been offered at all.