gargoil V Bank Of Scotland

[gargoil]

Court Forms ready for next claim, lost count now is this 4 or 5?

 

Not going to post them until I've the money in the bank for the above claim!!

[gargoil]

They've still not paid up 1 day after end of LBA, I've phoned them twice since the weekend and they haven't phoned me back when they said they would so i have just contacted an Edinburgh Sheriff's Officer to serve a charge for me. Costs £31.37 for Small Claims Decree which will be added on to the money owed to me (minus VAT) and gives them 14 days to pay up or the officers storm the mound..................hehe

[lori1]

good luck gargoil, although i'm sure you don't need it.x

[gargoil]

Was just reading over my summons again there and I had asked for best part £120 for expenses and damages over the top of the charges and interest, which was also awarded to me!!! Sweeet!!!

 

Holding off on next action until I have this one finished!!!

[Morganna]

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!!!

 

 

Could you possibly give me the telephone number of customer relations as I am chasing the money that BOS are due me as I have also been granted a decree against them.

[gargoil]

I just use the phone numbers in the sticky thread at the top of the HBOS section!

[Rooney99]

Gargoil, did you get a letter from BOS after your prelim letter saying that they had 8 weeks to investigate your complaint?

[gargoil]

Hi rooney I can't actually remember if the letter said 8 weeks. I think it just said they were looking into it!

 

"They" have now agreed to pay out. Received a letter saying my account would be refunded even though the account has been closed for ages now. Phoned them up and told them this and they are sending a cheque out to me. Also informed them they are now liable for sheriffs officers fees so they are adding that on to the cheque. Ow happy days!!!

[Rooney99]

Nice one mate, my lba runs out on 6th of april. I'll be in Tenerife then so I hope they pay up.

[gargoil]

Havin a wee bit of a problem with this one, have posted a thread for help in the general section....

 

http://www.consumeractiongroup.co.uk/forum/general/80090-can-i-instruct-sheriffs.html

 

I have sent them this letter today and have also emailed it to them.....

 

5th April 2007

Dear Sir/Madam,

gargoil –v- Bank of Scotland

Account "account1"

 

Subsequent to my previous communication, your letter dated 22nd March and my subsequent telephone calls to your staff. I note that you have still failed to make payment of the amount owed under the above action despite being served with a charge for payment of money by Stirling Park sheriff’s officers on 27th March 2007. It is also over a month since I supplied you with the decree for payment from Kilmarnock Sheriff Court.

I note that you have paid an amount into my account "account2", which is overdrawn by £1100. Payment into this account is not an acceptable solution. There has been over £1500 of charges applied to this account over the past 6 years. From the start of this complaint I have made it clear that I require the amount owed to be sent to me by cheque.

As a gesture of goodwill I will give you until Monday 16th April to provide me with this amount by cheque. If you fail to make settlement of the sums due, you will leave me no alternative but to instruct Stirling Park sheriff’s officers for an attachment of the Bank’s assets at any premises occupied by your organisation.

You are already required to pay me a further £26.70 for sheriff’s officer’s fees. If I am required instruct an attachment of assets you will also be liable for a further £130.95.

Best Regards

gargoil

 

Also finally posted summary cause summons out for £1498 today for the Account2 mentioned in the above letter. Also asking for default removal in particulars of claim which is first time I have attempted this.

 

Hope it gets accepted ok! Hope you guys are still understaning all of this as my head is pickled!!

[gargoil]

On Thursday Bank Of Stupid's legal department told me that I would have to take this matter up with customer relations . I sent the above letter to them by post and email got this email in reply this morning. Think the're getting annoyed. So I think that pretty much means I've no option but to send the sheriffs officers in to the mound!!

 

As previously advised to you by myself and several of my colleagues in Customer Relations Department, this matter has been in the hands of our Legal Department for some time now. I've passed your e-mail to them to deal with as they see fit and I'd respectfully ask you to stop contacting our department by phone and e-mail and in future deal only with our Legal Department

 

Jim Kerr

Review Manager

Customer Relations CB/2/CR/JK

DDI 01422 326513 - ext. 26513

[email protected]

[gargoil]

Summary Cause Papers on way to bank,

 

Return Date:- 25/5/7

 

Hearing Date:-1/6/7

 

Total Claim £1891.55+ Court Fee+ Sheriffs Officers Fee

[gargoil]

Ok the bank are now summoned by the sheriffs officers as of 1st May, they have a fortnight from today to answer it!!

[monty07]

Hi , Im looking for some advice, I sent my first letter to BOS on 1st March, After the 40 days i sent them a reminder. Two weeks later i tried to telephone the branch but as everyone who has tried that it is almost immposible.I wrote to customer services in Dunfermline .I recieved a letter on 26th April from Mr Graham Sumbler

@ BOS Data Subject Access Request Team. His letter states that they provide information as quickly as possible..

He also stated on the letter that the information requested was enclosed..Guess what? no info in letter..

Also going after First direct who have been great got offer in post to day. so might accept it,

[helpme43]

Hi Monty - re First Direct - they offered me £75 short of my full claim on my first letter - I wrote back and said no, I wanted it all and when I rang them two weeks later they paid up in full, straight away - I ahd the cheque by the end of the following week. They seem pretty easy to deal with, so, it depends on how keen you are to get your hands on the dosh - but if you want to wait just a litle bit longer you could get the whole lot back

[gargoil]

Ok so today is the return date. I phoned Customer "lack of" relations yesterday for an update and the girl said someone would call me back. Am just home from work today and there is a messag eon my answer machine from their legal dept. asking me to call them to confirm account details. I think I will wait till Tuesday to call them as I seem to remember someone else having a similar request just before there return date and they subsequently defended it. I'm a wee bit worried about thi sone as its th efirst time I've been out of the small claims path. Just need to wait and see I guess.

[gemspan]

Hi Gargoil

 

This seems to be dragging on and on for you. What a shame!!!! They may be phoning to discuss your case. This is what they did with me and I got all my charges back.

 

Good luck

Annie

[gargoil]

Thanks for the words of support Annie. I phoned the court this morning and they are closed for bank hols so will be straight onto them tomorrow morning.

[Dusary]

It does sometimes seem that there are *downs* as well as *ups*.

 

Remember . . . Hang on in there.

 

How many Banks have actually appeared in courts either North or South of Hadrian's Wall?

[gargoil]

Well phone dthe court and they have said they intend to appear! Bollox! So goin to have to prepare I guess and I am now ****ting it as I am in the summary cause track. I know theres a chance they won't appear but.....

[Dusary]

:o Ouch! :o

 

But . . . well . . . that might be a first IF they do appear!

[gargoil]

I've got the direct number for the person who is dealing with it in their legal dept. so will call them this afternoon and see whats happening!

[gargoil]

Well phoned the legal dept and the court for more info. The court confirmed to me that they have received no defence but only a notification that they intend to appear. The banks legal dept hav esaid they are only defending a portion of it on the basis that it is now time barred. They have paid the undefended portion into my account. I am hoping they don't show on friday as the woman on the phone seemed adamant about having me settle at this. The figures she quote dme regarding amount I'm claiming before and after the 5 year limit do not match.

[gargoil]

Just back from court from my Summary Cause hearing, Bank Of Scotland had a solicitor present who advised the court that they had now paid out the last 5 years charges and were defending the charges over 5 years on the grounds of the limitation act. I informed the sheriff that the bank had made a payment of £936.16 yesterday this however was over £600 short of the total charges for the past 5 years. The solicitor then said that a previous payment of £589 had been paid in March. I then informed the court that I believe the BOS were confused and that this payment was a settlement for a previous action on a seperate account. He made me repeat that it was a seperate account. I said that I still reuired a payment of £616 to cover the charges plus interest of the past 5 years. I said I was willing to contest the defence at a hearing on grounds on s32(1)(b) of limitation Act 1980. He advised me that this wouldn't apply in thi scase and it was some act 1973 that would apply( Didin't pick up what he said!)

 

The sheriff set a hearing date for 6th July but advised me to liase with BOS to get it settled. I would be happy to settle for the charges plus interest and court fee for the past 5 years. The sheriff told the solicitor to advise the BOS that the previous payment of £589 was for another account and I have subsequebtly phoned the bank to confirm. I will also put it in writing to them.

[gargoil]

Letter drafted and posted:-

 

Dear XXXX,

Further to our court hearing and our telephone conversation today. Thank you for your payment of £936.94 towards the above referenced court action for bank charges.

Your solicitor informed me that there had also been a previous payment of approximately £589 into this account and that together with the payment of £936.94 covered the charges from this claim for the past 5 years. Please note the payment of £589 was a refund of charges from accounts Account2 and Account3, which was paid out in March as a result of a previous court action, ref XXXX. It was paid into account Account1 on my request to cover an unauthorised overdraft. I have provided a copy of the summons from the previous action to substantiate this.

I therefore calculate that a payment of £616.95 is required to cover the remaining balance of the charges from the past 5 years for this account/claim. I have included a revised spreadsheet of charges from the past 5 years from the date of court action for your reference.

I understand you intend to defend the charges older than 5 years on the basis of the limitation Act 1980. I believe that the 5 year limit does not apply in this case due to s.32 (1) of the act which states, “….where in the case of any action for which a period of limitation is prescribed by this act….- (b) Any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant. The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it….”

As the OFT investigation into charges was not published until 5th April 2006 I do not believe that the limit on my claim is 5 years. However if I receive payment of the outstanding balance of the charges from the past 5 years plus interest requested (detailed on spreadsheet) plus my court fee of £39 then I would be willing to drop my perusal of the charges older than 5 years. I calculate the total owed to be £655.95. If you are willing to pay this amount to me to settle this issue then I will inform the court on receipt of the funds that the case has been resolved to my satisfaction. I would prefer this amount to be sent by cheque rather than refunded into the account as it is now closed.

Best Regards

gargoil