johniedepp
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Posts posted by johniedepp
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the bbc website states that the judge made the decision by himself as the bank did not defend the case, his aim is to raise the awareness of the court time being spent on cases the banks have no intention of defending. bbc also state that if the complainant appealed \LTSB would never defend in higher court case it sets a precedent
Cheers JD
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got a bit of a fright when i heard today that LTSB had won when a guy took them court yesterday, not to worrt though the bbc website states that this in no way sets a precedent and that if he appeals he LTSB WOULD MOST LIKELY NOT DEFEND
Keep the fight
JD
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hi guys
has anyone been through the FOS route recently and had a success, Or have any inside info from the service,
if I was them as well as charging the banks £400 for investigating these ridiculious attempts to hold on to our money,(I know the FOS website says they take around 6 to nine months to deal with a complaint,)I would be phoning the banks telling them to pay up or shut up. will keep you all up to date with any developments
Cheers JD
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Sent off my complaint today to the FOS will let you know of any developments
JD
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I think it sounds like the right thing to do you can also ask at court stage for the judge to look at awarding you time spent preparing your case and get your additional costs back that way
Good luck JD
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Hi Helpme43
Their website says around 6 to 9 months So it will be a long slog:mad:
I feel as the courts are throwing out multiple claims in scotland its left me withy no other route at least I'll get it all back in one go, still confident and in for the whole hogg;)
cheers JD
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Yeah mate seems like were in for a long ride but keep the faith, read about a guy in the Mail today took LTSB to court and they never turned up so won by default, no change there then but the judge also awarded him time prepping the case at 9 hrs @ £9.65 another vote in our direction i think so dont give up, I'm going to send this letter off to the fos today and hope for the best
complaint form
In October 2006 I requested back statements for my current account. The back statements they supplied to me show I have been charged numerous excess overdraft charges and account maintenance charges during this time as a penalty for exceeding my agreed overdraft,
Between March 2002 to October 2006 I accumulated charges/penalties on my bank account totalling 」2632.
The above charges were deducted from my Account as a result of going over my agreed overdraft limit for a few days each month, until my salary was paid into the account.
In my view their charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. their 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).
I requested that they please refund these charges to my account within the next 7 days. Or I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses and any interest due.
In addition to my original complaint as I was of the understanding that under Scottish law I was only entitled to claim back up to 5 years worth of unlawful charges, I only claimed for the amount of charges applied to my account during that time (March 2002 to October 2006), although the back statements the Bank sent to me date back to April 2000, during which time charges applied to my account between April 2000 to march 2002, totalled another 」1280
April 2000 to March 2002 = 」1280 in penalty charges
March 2002 to October 2006 = 」2632 in penalty charges
Making my total claim 」3912. For unlawful charges made on my bank account
On receipt of my decision letter on the 9th May 2007 from Bank of Scotland.
I telephoned the customer relations manager Rachel Eames, as I was a little confused by the letter they sent in reply to my complaint, as in one part of the letter it states that they are keen to put matters right and resolve any concerns I may still have but in summary she says that she has declined my complaint. I also wanted to confirm this was their final response to my complaint.
I was told that the letter I received was the final response from the bank and her decision was to decline my complaint, but if I was still not happy she would pass my complaint to another dept who would look at a gesture of goodwill payment ,which due to recent publicity in the media regarding bank charges , they are dealing with thousands of this type of complaint and could take up to another eight weeks.
I expressed my disappointment at no decision on a goodwill gesture being made at this stage and informed her that as the eight weeks had now expired I would be taking the matter to the Financial Ombudsman, to which she replied I have every right to do that and she would put my case forward for a gesture of goodwill payment.
I feel this is another way of delaying any proper decision making process within the Set time scale and is merely a way of ensuring they comply with the FOS rules by replying within he eight weeks to any complaint made against them, in my opinion the Bank of Scotland is only paying lip service to the financial code and is showing total contempt to the Financial Ombudsman Service guidelines
Yours sincerely JD
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Hi guys SPITTING MAD I received a letter today from Rachel Eames in Customer relations, BLAH Sorry BLAH Why you havebeen charged Blah Howcan we help in future BLAH BLA BLAH Anyway the outcome of my complaint
"I am sorry to advice you that I am declining your complaint, I hope I have explained the reasons for my decision."You recently recieved a copy of our leaflet on complaints proceedures. should any of your concerns remain unresolved please let me knows what you would like me to do to put matters right"
UNRESOLVED YOU OWE ME 3K!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!TO PUT MATTERS RIGHT GIVE ME MY MONEY BACK!!!!!!!!!!!!!!!!!! Getting mad again sorry:mad:We are keen to resolve your concerns however if we are unable to do so we'll provide details of how to contact the FOS for help, If I do not hear from you within the next eight weeks I will assume you are happy. Yours sincerelyPhoned her this morning Line Engaged for 35 mins must be busy I thought! eventually got through Rachel who seemed to understand that this was a stalling tactic and that I was still unhappy she would be putting my case forward for a goodwill gesture review which could take up to another eight weeks, I stated that I would only accept the full amount and that their 8 weeks were up on the 11th I also said that the stements you sent me date back to October 2000 so when passing it over to the goodwill people!!!! I would like those unlawful charges refunded as well. Told her I was not prepared to wait the eight weeks again and would be complaing to the FOS on the 11th May as planned. asked her to send confirmation that this was their final offer at this stage, she said she would send by post as they dont have access to online banking?
Question is: As I'm going down the FOS route Should I accept that they are passing me fwd for goodwill gesture, and wait to see if the offer me full amount or should I complain to FOS straight away??
Any Advice Apprieciated JD
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Hi Lollyin
Mods robertx & Caro both agree the Fso is the best route in scotland for larger claims, my 8 weeks are up on the 11th may with BOS so I'll keep you informed as to how I get on
Good luck JD
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thanks Lol114
Ive prepared my letter for the fso as i dont think the bos will offer the full amount, I also have statements for 7 years so will be pursueing all of the charges, good luck and thanks for info
JD
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Hi guys here's the letter i have prepared for the FOS i think it also gives me the opportunity to claim further back than 5 years in Scotland plan to send it off on 15/05/2007 as that will be 8 weeks to comply with FSO rules
Dear Sirs,I am writing to complain that the Bank of Scotland has refused to refund all the unlawfull charges it has taken from my bank account,
In October 2006 I requested back statements for my current account.The back statements you/they supplied to me in October 2006 show I have been charged numerous excess overdraft charges and account maintenance charges during this time as a penalty for exceeding my agreed overdraft, from March 2002 to October 2006 during which time I accumulated charges/penalties on my bank account totalling £2632.
The back statements you/they sent to me date back to April 2000, charges applied to my account from April 2000 to march 2002, total £1280
April 2000 to March 2002 = £1280 in penalty charges
March 2002 to October 2006 = £2632 in penalty charges
Making my total claim £3912. For unlawfull charges made on my bank account
The above charges were deducted from my Account as a result of going over my agreed overdraft limit for a few days each month, until my salary was paid into the account.
In my view your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. Accordingly, the charges applied to my account are not a reasonable pre-estimate of the 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).
I requested that you/they please refund these charges to my account within the next 7 days. Or I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses and any interest due.
On a separate note, I am of the view that your thier 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.
Yours faithfully
Johnie depp
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Hi Cascade hows it goin as I'm looking for a higher amount than the £1500 allowed on the OC been searchin about for info
Just been on the FOS website
I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.
Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.
Any advice please at this stage would be appreciated.
cheers
JD
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Just been on the FOS website
I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.
Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.
Any advice please at this stage would be appreciated.
cheers
JD
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For claims in scotland over £1500 and the worry that subsequent claims may be rejected
Just been on the FOS website
I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.
Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.
Any advice please at this stage would be appreciated.
cheers
JD
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Just been on the FOS website
I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.
Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.
Any advice please at this stage would be appreciated.
cheers
JD
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good luck charge buster, if I can be of any help please ask I have had some great support through this site and am more than willing to help anyone needing some advice on the early stages
JD
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Hi Guys got an email back from Ms Wade stating the follwing
Thank you for your e-mail.
I will pass this on to the Retail Banking Team who are looking into this
as I no longer work in this area.
If you wish to contact them in the future with any more information
their e-mail address is
Christine Wade
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cheers mate great support as always
JD
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hi aldav, hows it goin, quick question when it comes to the court stage do I need to go to the court and pick up papers to start a summary clause?
Cheers JD
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Hi cascade, Good luck with your claim, I enjoyed reading your thread with BoS I'm at the same stage have received all the same letters etc. and am filing for court on Friday 20/04/07, your last post you say you went to court to pick up forms? I tought these could be printed off the templates? but not sure if need official docs as court letters?
Cheers JD
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Hi BF
I also have sent off letter to Ms Wade hope she takes notice and does something about this outrageous robbery!
JD
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Thanks aldav45 hope yours goes well too watching yours with interest as im not sure when and what to do at the court stage as mine will be around 20/04/07 so i may need some advice from you around then
good luck
JD
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received a letter this morning blah looking into my concerns and are still investigating my complaint, blah I will receive a response no later than 11/05/07 it also states that the complaints leaflet they sent previously explains how they will handle my complaint, they also have issued me with a reference no' for future correspondence,
Q. should I just let the time frame they are stating to investigate or should I start court proceedings as planned.
thanks JD
Aldav45 Vs Bos........
in Halifax Bank and Bank of Scotland
Posted
congratulations Aldav you stuck to your guns and got what you deserved well done, hopefully mine will be sooner than the FOS timescales of 6-9 months:mad:
Cheers JD