AC2007 V Bank of Scotland

[AC2007]

I am just about to write to the Bank of Scotland regarding refunding charges applied to my accounts and I want to make sure I get the wording correct right from the start. I intend to reclaim charges going back more than 6 years as I have the statements to back up my claim. At present I recon that BoS owe me the following amounts;

 

Personal account from 10/08/95 to 19/04/96 £464.50 + interest of £427.53 = £892.03

Business Account from 02/05/96 to 28/07/99 £10,080.50 + interest of £7,972.61 = £18,053.11

Personal Account from 19/04/96 to 19/02/01 £5,210.50 + interest of £4,053.29 = £9,263.79

 

That is a total of £28,208.93

 

Should I write 3 separate letters or one combined, I was going to write;

 

Dear Sir or Madam,

 

 

Sort Code XX-XX-XX Account # XXXXXXXX

 

Sort Code XX-XX-XX Account # XXXXXXXX

Sort Code XX-XX-XX Account # XXXXXXXX

 

 

 

 

 

I am writing to request that you repay all the default charges that have been applied to my accounts. I do not believe these charges reflect the true cost to Bank of Scotlandof going into unauthorised overdraft.

 

The charges total £15,755.00, plus as I believe I have been unlawfully deprived of the money, I have calculated £12,453.43interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £28,208.93. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

AC2007

 

 

Any help on whether to write one letter or three, and alternative wording would be most appreciated.

 

I am also writing to Clydesdale Bank reclaiming £21,563.21

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/117792-ac2007-clydesdale-bank.html#post1192824

 

 

 

 

Wish me luck.

[**Tilly**]

hi AC

i have given you some links below which you will find helpful. with regards to interest you dont add this until

the court stage, you will find all the letters you need

in the bank templates link

A guide to Business Claims

http://www.consumeractiongroup.c o....lates-library/

 

Example Step-By-Step Instructions

 

Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !!

 

IMPORTANT Things You REALLY Need To Know

[AC2007]

Thanks tilly, i will read through them all.

My concern is I have been told by Trading Standards that because of the amounts involved, I will not be able to go through the small claims court and will have to go to the court of session, which is quite frightening. I just want to make sure that I get it right and the case is not thrown out on a technicality

[sea-sidelady]

The links above will help you, but as you are claiming over 6 years and CI, this thread will be very interesting for you to read.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html?highlight=bong+v

 

If you do decide to claim CI, then you will need to include this on your prelim and Lba letters.

[**Tilly**]

hi AC

 

you can put your 2 personal accounts together but you have to claim seperate for your business account

[**Tilly**]

hi AC here is another link i found for you

Fast track and multi track

[AC2007]

The links above will help you, but as you are claiming over 6 years and CI, this thread will be very interesting for you to read.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html?highlight=bong+v

 

If you do decide to claim CI, then you will need to include this on your prelim and Lba letters.

 

Thanks for that, I have however been told not to include interest on my first letter, this is all so confusinf:eek:

[**Tilly**]

hi AC okay when you send your prelim you just send in a schedule of your bank charges for each account, no interest included at this stage unless you are claiming CI in which case you add this now attach it to your prelim send it recorded delivery giving them 14 day,s to respond then you send your letter before action giving them

a further 14 day,s to respond after which you file your n1 and then add the interest doing a spreadsheet i hope this helps but if you have any questions or worry,s just shout there is always somebody around to help we all support each other......good luck.....

[AC2007]

Thanks again tilly,

Is contractural interest different from the interest that the courts would add?

[**Tilly**]

your welcome AC

here you go

key arguments for and against compound contractural threads

[AC2007]

Because of the amount involved and the fact that I am going back more than 6 years in Scotland, is it worth approaching a no win no fee solicitor, as I have seen some of them advertise for 20%

[**Tilly**]

Because of the amount involved and the fact that I am going back more than 6 years in Scotland, is it worth approaching a no win no fee solicitor, as I have seen some of them advertise for 20%

 

why pay these your money you can get through this with all the help and support on this site here is another link for you

English addresses for Scottish claimers

[sea-sidelady]

You dont need to go to a solicitor, but as scottish law is slightly different i will get some one along to help you.

[Bigmac versus]

Im sure the interest you are relating to is judicial interest at 8% not contractual interest, please confirm this, however due to the years these charges were taken you would need to read the thread below.

 

http://www.consumeractiongroup.co.uk/forum/scotland/68143-20-year-claim-limit.html

 

Tilly has already given you the business version to claim.

[AC2007]

Thanks for all the advice and links although I now feel that I have spent the last two weeks reading every page on the forums.

 

Even after reading all the help there still seems to a lot of confusion out there, especially for claims like my own that involves closed accounts, a mixture of business & personal and the large sums involved.

 

Can anyone clarify some points before I send off my letters to the BOS.

 

 

• I should send 4 separate letters to BOS stating that I wish to be repaid the unlawful charges taken from my accounts going back to 1995, including a schedule of all charges with each letter.
  
• If I wish to claim interest on the charges, does it need to be contractual interest and what rate do I charge?
  
• Do I need to mention the interest in the initial letters and in the schedule of charges?
  
• I am assuming that because the accounts are closed and the charges are going back further than 5 years, and the pending OFT test case that the BOS will just disregard the letters and fob me off, should I just then wait for the outcome of the test case, but at least I have my claims in the system or do I send a LBA?
  
• With the amounts involved and the time scale, these cases will not be handled by the FSO even if the test case (sorry when the test case) is won:) , and with the amounts being so large I can not go through the Small Claims process even with the new limits in January, is the only other option open to me to go to the Court of Session in Scotland with all the extra expenses involved?
  
• Is this template letter still the one I should use for the personal accounts or has the events of July 27th changed how we make our preliminary claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

and this one for the business accounts.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/486-sample-letter-your-bank.html

 

I have used this spreadsheet http://www.consumeractiongroup.co.uk/Spreadsheets/Scotland/Simple-bank-charges-calc.xls

to calculate the interest, is this the right one and what rate of interest should I use?

 

Sorry for all the questions but because of the amounts involved I just want to get it right.

I take it any advice given will be the same for the Clydesdale bank where I am claiming on 3 accounts.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/117792-ac2007-clydesdale-bank.html

 

 

Thanks very much once again, keep up the good work and hopefully there will be another large contribution to the site when both BOS & CB pay up. :D

[**Tilly**]

hi AC

 

you can put your personell account,s together but your business must be a seperate claim

 

you don,t add any interest until the court stage which is 8% see the link below on contractual interest..........

key arguments for and against compound contractural threads

 

yes all the letters are the same you send your prelim with a schedule of charges giving them 14 day,s then you send your

letter before given them a further 14 day,s then you file you

n1 in your local county court adding your interest on to your spreadsheets i hope this helps good luck

 

2. Letter - Preliminary approach for repayment.

 

3. Letter before action - Consumer version - asking for it back

 

Sample letter to your bank - business version

[AC2007]

Tilly,

 

Thanks for the reply, but both the template letters mention interest charges, then you say that I shouldn't add interest.

Also as mentioned I can't use the local sheriff court because of the amounts involved.

[**Tilly**]

hi AC

The interest that is mentioned in the template letters is regarding overdraft interest not the 8% which can be complicated

you could get an english address but that would mean you would have to wait until the outcome of the test case but by

filing your n1 your claim would be in the system here is a link

English addresses for Scottish claimers

[AC2007]

Tilly,

 

So how do I calculate overdraft interest is it a different spreadsheet then?

 

Why would filing the claims in England make any difference?

[**Tilly**]

hi AC

if you look in the likn below it will explain about the overdraft

interest

Step 2.) What Can I Claim For?

the reason i gave you the english/scottish link was to give you another option

[AC2007]

Thanks once again Tilly,

 

So if I want to reclaim Interest i should use the advanced spreadsheet rather than the simple one.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=4

 

Does this mean I need to know the rates of Interest that BOS were charging me?

[AC2007]

I have just had a good look at the advanced spreadsheet and I don't believe that I have enough information going back that far to claim back overdraft interest.

 

 

Should I just put in the charges on the first letter or should I still claim interest as it says here.

 

Bank Charges: Reclaim them, they're unlawful. STOP PRESS! OFT Test Case....

 

This is where all the confusion arises from the differing advice.

[**Tilly**]

Hi AC

 

yours charges will be fine on your prelim letter

on your schedule of charges put charges as notified

[AC2007]

I have now sent the following letters, wish me luck.

 

Bank of Scotland

Customer Relations

PO Box 29112

Dunfermline

KY11 2ZX

 

Dear Sir or Madam,

 

 

Sort Code XXXXXX Account # XXXXXXXX

Sort Code XXXXXX Account # XXXXXXXX

 

 

I am writing to request that you repay all the default charges that have been applied to my accounts. I do not believe these charges reflect the true cost to Bank of Scotlandof going into unauthorised overdraft.

 

The charges total £5,675.00, plus as I believe I have been unlawfully deprived of the money, I have calculated £4,518.41interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £10,193.41. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

AC2007

 

 

Dear Sir or Madam,

 

 

Sort Code XXXXXX Account # XXXXXXXX

Sort Code XXXXXX Account # XXXXXXXX

 

 

I am writing to request that you repay all the default charges that have been applied to my accounts. I do not believe these charges reflect the true cost to Bank of Scotlandof going into unauthorised overdraft.

 

The charges total £12,849.50, plus as I believe I have been unlawfully deprived of the money, I have calculated £10,791.24interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £23,640.74. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

 

I am now away to do my letters to the Clydesdale, I will keep you updated.

[AC2007]

Just recieved a reply from BOS and not unexpectedly this is the reply.

 

Dear AC2007,

 

Thank you for your recent letter regarding bank chargess.

Please accept my apologies that you have felt the need to complain.

I have looked into your complaint and unfortunately I cannot agree to reverse the charges stated. We only look into refunding charges over the past 6 years.

I trust this is satisfactory. If you require any further information please contact me on the number above.

 

Yours

BOS

 

Should I now do a LBA stating the Prescription and Limitation (Scotland) Act 1973 or what should be the next move?