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jolly

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Everything posted by jolly

  1. You could file a summary cause. This allows you to claim up to £1500. The only difference is that if you lose at court you have to pay their defence fee's. As we all know this is very unlikely to go to court, but it is your decision. I filed a summary cause at the sherrif court and got a settlement within 3 weeks.
  2. Having looked quickly at that website - I think the larger claims are done through an ordinary cause - details are on the left of that page. Am a bit lost when it comes to that amount -wouldn't it be great to have the english system of up to £5000!!
  3. That website certainly is very helpful - thats a lot of money they've had off you - hope you get it back!
  4. i got the full £965 plus I also got £39 for the court costs i incurred filing the claim.
  5. Hi, I claimed £965 by filing a summary cause at my local sherrif court - go to Sheriff Courts in Scotland to find out about scottish court procedings. This is different from a small claim as it is riskier - i pay the banks court costs if i lose. Because it was a summary cause I had to take the papers up to the nearest sherriff officers instead of the court sorting it - and pay them to serve them on the bank. I did go for interest of 8% in the court papers and had it gone to court I would have been after that but as they settled I don't get it. I actually found the form at the above website - it's brilliant for scottish court procedings! you can do it on your computer but it won't let you save it so you have to do it at once and then print it off. Hope this answers all your questions - any more just ask.
  6. Hopefully this will cheer you up - I just received £1000 back from them- had to file a summary cause and get sherrif officers to serve the papers on them. They had responded to both my lba's tho. (with paltry amounts) I sent all my letters through to customer relations in trinity rd, halifax. Received a letter from them 2 days ago offering the full amount + court costs. They said in the letter that if i got any more charges they reserve the right to close my account. I have opened accounts elsewhere because i think the staff in my local branch are horrible.
  7. Hi Guys- been quiet for a while cos i filed my summary cause at the court house. (A bit riskier but meant i could go for the full £965 + costs at once - as you all know small claims in Scotland only goes to £750) Had to then take the papers up to a sherrif officers to serve the papers on the bank - very nervous indeed!! All went quiet - then got a letter yesterday from the bank - THEY'VE SETTLED IN FULL PLUS HAVE PAID MY COURT COSTS!!!!!! Plus instead of paying the £965 i asked for they've given me £995 by accident! YEE-HA THANKS TO YOU GUYS!
  8. Hi this has helped me a lot. A am presently helping my other half out and I am thoroghly confused. I noticed he always had a charge around the 18th of the month ranging from £5 - £25. this was recorded as a 'charge to 3rd of that month' Also there were referral charges of £20 - I assume these are the one's for actually going overdrawn whereas the charges were once a month. Now looking through his statement later there are some charges for£30 and some for £10?? I'm trying to write out a detailed statement of charges and i just have no idea what the charges are for!! Has anyone got any idea?:-?
  9. Yes it has, edinburgh district council's tickets are all ok. Have checked before - unfortunately.
  10. i run a small delivery business in Edinburgh. I employ one driver, who was delivering to a customer a rather large amount of water. He asked a traffic warden nearby if it would be ok to park in a bus stop while he delivered as it was a really big delivery of about 60 cases. The traffic warden said that would be fine as long as he wasn't any more than 15 minutes. Now my driver was only on his second lot of cases when he came out to find a different traffic warden with his wee machine printing out a ticket. When he told the warden that he had permission from a different warden he was told that unfortunately this warden had processed the ticket and he had to put it on the van. However he did note down in his book a record of what my van driver said and said that if we appealled we would be let off with it. When I wrote in the the NPC they politely wrote back and said that as my van had been parked in a bus stop it was an automatic ticket and unfortunately as i don't have a note of the first traffic wardens no. we had no way of verifying the story. Do I have a leg to stand on? To be honest the situation in edinburgh is getting ridiculous, i have run this business for 4 years and never had a ticket until this year - where i have had 4!
  11. Well I handed my summary cause asking for £965 + costs plus expenses in at the sheriff court yesterday too - I'm also in a small town - haddington to be presise. The woman didn't say anything to me though apart from the fact that I would have to take it up to the sheriff officers myself.- this also costs money - not too much I hope. I have also been careful about keeping replies all as you said above - keep me posted to how you are doing, we could compare notes!
  12. look at post above - go to sub forum Scotland, scotia has posted a sticky thread with all necessary info.
  13. Are you quite confident about doing a summary cause? I have filled in my forms for it but am just a little worried incase i get stuck with paying their fees if i lose?
  14. I am also just filling in the forms am near dunbar so slightly further away but i also found it quite difficultfinding info for Scottish people. I am currently filling in a summary cause form cos i am looking to get back £965 + interest + costs. The only difference i can find is that if i loose i pay all their costs. Wondered if anyone new what to put into no 7: state details of claim here?
  15. Hi after sending my second letter (LBA) demanding repayment of £965 I received a phone call from the Bank of Scotland offering to increase their goodwill refund from £120 to £325. Now I refused over the phone and she said oh well your bad luck I will send you a copy of how to contact the financial ombudsman service. She said - 'please understand that we are not prepared to refund all of the charges that you have incurred on your account over the last six years.' I told her i would be going to the small claims court. Can any one advise me what has the financial ombudsman got to do with this - she also mentioned that the oft statement about bank charges being unfair only related to credit cards - is this true. What do I do now?
  16. Thanks dave, Its not really enough is it to give up the claim. I thinks I'll write and refuse. Then send my letter before action asking for £965. Will sever the claim if it goes to court Thanks for your help.
  17. I have had replies from 2 addresses: The reply to my preliminary letter came from: BOS, Customer Relations, PO Box 29112, Dunfermline, KY11 2ZX. Lady called Deborah Sargeant The reply to my DPA letter came from Trinity Rd, Halifax. A guy called Adrian Percy.
  18. Well, thought I'd update you all with regards to my claim. Sent off my prelim letter on the 12th July claiming for £965. Received a letter back a couple of days ago saying that they would look into my complaint and get back to me within 4 weeks. Today I received a letter in the post offering me £120 as a goodwill gesture. If I accept it I am to fill in the form they sent me with details of the bank they are going to put it into and sign it saying that this is full and final settlement. My feeling is that I should carry on claiming for the full £965. So do I write back refusing the £120 and send them the letter before action? My worry is that I am asking for £965 which obviously I cannot get all at once in the scottish courts, so when do I sever my claim and start again asking for £750? Must say I am a bit surprised they offered me something so quickly - I am quite encouraged by this!
  19. Can i just say this is a standard letter they are sending out now. I never even asked them about manual intervention and they sent me out that letter.
  20. Received my bank statements from 2004 up to date (all in separate envelopes -must have cost the bank a fortune in postage!) I have worked out that I have been charged just over £1000 in total over the last 5 years in bank charges. Anyway - what I am wondering is - do i send them the preliminary letter with full amount stated in it and decide later whether to go to small claims with £750 or raise a summary cause and go the whole hog. Or do I have to decide now and just mention the £750 just now?
  21. Also can I claim the 8% interest on the charges I am reclaiming if I only went a little over my overdraft limit each time and a charge was applied before my wages went in? Or does this only apply if the account is getting deeper and deeper in debt because of the charges? Am afraid my brain is not designed to understand finances at all!
  22. Did they settle b4 going to court? I received my statements through the post today - from from June 2001-April 2004 - thats only three years, do they do this quite often and send the rest or should I write to them and inform them I only received 3 years instead of 5? The last two years are the ones with the most charges! Good luck russ112 and fruitycar and anyone else making claims.
  23. Yeah be good to compare results. Just out of interest fruitycar - noticed you only claimed £740 + costs first time round - now your claiming more - is this possible in the scottish courts?
  24. Yes -must have cost them at least 30 quid to send it to me!
  25. Sent my letter requesting a list of charges for the last 5 years to BOS on the 9th June. I did not mention any thing about manual intervention in it. Received a letter back yesterday saying they acknowledge your letter requesting spec info .. blah blah, with regards to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request. - I didn't ask them to!! Any way will wait for my list of charges to come through and will keep you all updated!!
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