gargoil V Bank Of Scotland

[gargoil]

How could you ever doubt me!

 

Lol!!!

 

(Yup havin fun, love when the callcentre hacks phone up, goin to get a stopwatch to see how quickly I can get them to hang up on me to see if I can keep breaking my own record!)

[Guest willowb]

lol:D

 

Wxx

[tamdolan]

Keep going Gargoil, cos something is up with HBOS. I submitted a small claim and 2 summary causes against Halifax, and the court date was set for 18th December. today, to my complete surprise, the full amount of my claims of almost £4000 appeared in my account. I was expecting them to delay as long as possible, but it looks like they have conceded only a couple of weeks after receiving the court papers.

[gargoil]

Return Date a month from now. Again they jave left it very late!!! Bunch of bar stewards!!!

 

All good things come to those who wait!

[gargoil]

No update on this as yet though return date is on 5th january. Will be a nice little sum to receive at the start of the year!!

[erinamanda]

Hi Gargoil

 

Can you help with some advice? Have read through this thread but still unsure about small claims proceedures. RBOS owe me £1550 in charges which would amount to around £200 interest. If I do 2 separate small claims, is it possible to submit both at the same time. Can yu also tell me if the interest is added within the £750 limit or would I need 3 claims for what they owe me. I would claim through summary cause, but I've read this takes longer and I was hoping to emigrate to Australia in jan / feb (but I want my money)

 

Cheers

[gargoil]

Claim no.2 settled now. Received a cheque for £828 on Friday!! Yey!!

[gargoil]

Claim No. 3 papers drafted. a wee bit more complicated as I have £172 of charges left to claim on account 1 and £336 on account 3 to claim so combining the two claims and am asking for a few extra costs in this claim to give me a total of £589.75 not including interest!!! Handing them in thi stim enext week to give claim 2 a chance to be dismissed!! keep the cash coming Mr BOS!!!!

[gemspan]

Congratulations!!! I am just about to send my LBA to BOS for my 2 claims. I was thinking about going down the English route so that I could claim the total of both.

 

The BOS have been a thorn in my side for such a long time now too. It feels good to be able to fight back.

 

Well done.

Annie

[Guest willowb]

Well done hun:D :D

 

another one bites the dust!!!

 

Wxxx

[mark.a.wilson]

Congratulations!, I'm claiming on a summary cause for £1500 + interest and expenses, my court date is 09/02 with the return date being the 02/02. Here's the strange thing though - I have done a claim for my brother in law on exactly the same time scale as mine with BOS. The LBA's were sent the same day but when the two weeks were up I started court proceedings and my brother in law didn't. A couple of weeks before christmas he recieved a letter and a phone call from BOS offering him £700 on a £1500 claim he refused and they immediately upped thier offer to £1200. I'm starting to worry that I may have something wrong in the court papers and the BOS solicitors are sharpening thier knives!!!

Does anyone else know of this happening or is it that BOS just grab letters from a HUGE pile and then split them into a MAKE OFFER pile and a WAIT TILL the LAST MINUTE pile?

 

Cheers

 

Mark

[gemspan]

Dont think there is any method. I am still waiting for information in relation to my SAR. I have started 2 claims and sent off prelim. I havent even had an acknowledgement of the letters to LBA to be sent off on Monday.

 

I wouldnt worry about anything. they will get round to you.

 

Kind regards

Gemspan

[mark.a.wilson]

Victory is mine!!! Power to the People - Britain fights back!!!

 

BoS paid all my charges + interest + court fees in to my bank last Saturday then sent me a letter on Wednesday to tell me that they only gave me the money back because it was easier than fight it. This was nearly 3 weeks before the court return date. On to the second claim now which is for a measly £264. but it's my £264.........

 

Thanks everybody

 

Mark

[Guest willowb]

Well done Mark and good luck with the rest!

 

Wxxx

[roryroo]

Can someone tell me does BOS reply to LBA

[killbi11]

roryroo,

 

I have had no reply to my LBA which I sent on 09/01/07. I have filed court claim today.

 

Killbi11

[roryroo]

My claim is for 5k i don,t know to go for a solicitor and do it that way or break up claims what way are you doing it

[MrShrimp]

Roryroo,

 

I think there are solicitors offering to pursue these types of claims but I'm not sure what fees they are charging. If your claim is £5,000 and you want it completed in one go, then it would be sensible to have a lawyer pursuer the entire claim for you.

 

If you can be bothered however, simply break the claim up into 4 actions, raise them all at the same time and keep a good track on each one. It will actually be completed sooner than the Ordinary Cause court process a lawyer would pursue as the courts are very busy at that level.

[killbi11]

roryroo,

 

The best thing is to put all the details of your claim on a new thread.

 

But apart from that, I think it is best you use the 'Summary Clause' action. This means you can claim below £1500. It costs the same (£39) as 'Small Claims' but there are larger costs if you lose (which is not really an option to be honest). This means you can split your claims into divitions of £1500 rather than £750 (small claim).

 

Also, I would not submit the claims all at once. You need to wait for the first claim to be settled and then submit the next one. I know it is a bit of a long drawn-out process but unfortunately we dont have the same privilages in this area our neighbours in England have.

 

KB

[roryroo]

Thanx for advice i rang the financial ombuds very helpful she said bank has 8 weeks to reply which is wed next week rang bank they will defo be in touch by wed by letter phone or both. Financial ombuds said she would also send a letter to bank to say that i have contacted them and they will be looking into it if i don,t get my satisfactory response from them then they are getting involved (also sending me out a complaints form) How much clout do they have?

[gargoil]

Well nothings ever simple. Claim 3 return date was on Friday past there and the hearing is this Friday. So I've sent away my Form 11 asking for all monies owed plus interest etc etc to be paid to me. The woman at the court suggested I rang the bank of ****e to see what they were doing. They actually claimed never to have received the summons!!!! I think they then realised that they must have received them and claimed to have "misplaced" them. I agreed to send a copy of the court forms to them so here is my nicey nice email to them. Think they'll get my point!!!!

 

NOTICE BEFORE ACTION

 

Court Reference XXXXX

Account no’s:- XXXXXX Sort Code:- XXXX

 

As per our telephone conversation yesterday please find a copy of the court papers which you were summoned with and you have claimed to have “lost” attached. The date for return for you to enter a defence was 16/02/2007. The hearing date is Friday 23/02/2007. As you failed to acknowledge or submit a defence I have applied to the court for a decree for an order for all monies owed plus interest plus expenses to be paid to me. Once I receive this decree I shall be immediately hiring a bailiff to recover this amount from your company on my behalf. I therefore urge you to pay this amount immediately. You can telephone me on XXXXXX to advise when I should receive payment.

 

Best Regards

 

gargoil

[Guest willowb]

:D hello you! still kicking theit butts I see:cool:

 

Wxxx

[gargoil]

Hi willow I certainly am but don't get much time to post about it!! Its like getting blood out a stone with HBOS now as I have a court judgement but still they fob me off!!!

[Guest willowb]

Hi gargoil:)

 

I don't know much about enforcement issues, sorry. I have a similar situation with B'card looming, how do you 'force' them to do something? hummm especially since mine is a default-removal and non-monetary....will have to search around.

 

I'm sure it'll happen soon hun, have you complained to the FSA etc? or the banking standards board? like I said, I'm unsure about this area.

 

Wxxx

[gargoil]

Have my decree now, phoned customer reltions who seemed a bit peeved that I had their direct number, they are phoning me back before 2pm with an update. Just posted the letter below to them along with a copy of the decree. This give sthem till Monday to pay up. have name of Sheriffs Officers I can use if I don't have a cheque by then!!!

 

14th March 2007

Small Claims Reference:- XXXXXX

Account No:- XXXXXXX

LETTER BEFORE ACTION

Dear Sir/madam,

Further to my previous correspondence and court summons all of which you failed to acknowledge.

Please find attached the decree from Kilmarnock Sheriff Court stating the amounts you must now legally pay me.

If I have not received payment of by 19th March 2007 I will instruct Sheriff’s Officers to recover these funds from your company’s head office.

I calculate the total owed as being:- £724.37

Best Regards

gargoil