Lukester147

[lukester147]

Hi

 

Sent LBA recorded delivery 10th July to Bank of Scotland requesting refund of first lot of charges. Received reply 12th July from a Gavin Daschofsky informing that the OFT decision relates to consumers and not business accounts like mine. Therefore no refund will be made. Blah blah blah.

 

Should I wait unitl the 14 day offer to refund expires before submitting claim papers to sheriff or get them in asap?

 

Any help greatly appreciated.

 

Thanks

[JMio]

Is this your 2nd letter to them?

 

You've got to give them 2 letters, each giving 14 days notice for the system to work!

 

If this was your 2nd letter, then I'd still be inclinded to wait the full 14 days, as this adds weight to your arguement that you have acted reasonably should it reach Court.

[lukester147]

Thanks for the reply. I sent in an initial letter approx 3 weeks ago to them requesting statements enclosing the £ 10 payment for Data Protection thingy. No word back yet regarding this.

 

Since then I have located the past 2 1/2 years statements and the 2nd letter to them requested a refund of the charges incurred in this period. This was sent 10th July. Reply received 12th July.

 

I do have the other statements but will have to look them out and I may be missing some, hence the initial request for list of charges and/or copy statements.

 

What would you advise next?

 

Cheers

[puddock]

Re: your posting:-Sent LBA recorded delivery 10th July to Bank of Scotland requesting refund of first lot of charges. Received reply 12th July from a Gavin Daschofsky informing that the OFT decision relates to consumers and not business accounts like mine. Therefore no refund will be made. Blah blah blah.

 

How does the law and the claiming of these unfair bank charges stand in relation to a small buisness customer and a "consumer" customer? Is it true that small business customers are not copvered by the OFT decision? Can someone please reply to this message and posting by Lukester147.

[lukester147]

As far as I can gather from other threads. It makes no difference that it is a business account. The only difficuly is if it is a limited company.

[barracad]

Different laws apply to businesses, as a lot of the law referred to is consumer law. Don't worry you can still claim your charges back but you need to read through the FAQs looking at details for making a claim if you are a business, and also browse round the forum to see what else you can find.

[lukester147]

Received letter from HBOS with my account number and sort could in the frst line of their letter. This was provided in my initial Data Protection letter.

Letter asked if I could supply HBOS with my sort code and account number, type of account, roll number and whether the account was active!!! Are they taking the ****? Simply returned their letter with colourful arrows to the `missing info` and await the info.

[lukester147]

Handed completed small claim forms and payment into Dundee Sheriff Court this afternoon. Claiming first chunk of £ 725 plus interest. Will post news of any devleopments as they happen.

[lukester147]

Received word from court that case is booked for 18th September. BOS have three weeks from today to put up or shut up. Will post any developments.

[lukester147]

Having instigated a claim for myself against BOS I am now undertaking the same for my partner`s account with BOS. A quick call to the customer services I found out that they shall provide all copy statements for a one off fee of £ 5-00. They shall be delivered within 10 days. This does away with the DPA letter and the need for the possible 40 day wait.

[spuzzcake]

Be careful with this one! You might save £5.00 but you haven't got any information regarding manual intervention should it go to court.

 

Mark

[lukester147]

Yes I know that but the banks have given up on this line of defence according to some other threads. Why wait forty days when you can get the ball rolling quicker. The five pound is neither here nor there.

 

Regards

 

Lukester147

[spuzzcake]

40 Days is a long time to wait - I just hope it doesn't come back to bite you in the a$$! There are a few short cuts but it's sloppy and the bank may well pick up on this. Where abouts in Scotland are you?

 

Good luck!

[lukester147]

Me too. If it does I can always start again. I`ll still stick to the 14 days between letters.

 

In my own case the bank sent me a letter stating that they are not obliged to record manual intervention under the Data Protection Act and therefore do not have to supply me with this. Therefore I see no reason to wait 40 days only to be told the same thing.

 

Dundee by the way.

 

Cheers

[spuzzcake]

I didn't even get that! Just a big wad of statements in a thick brown envelope. No covering letter and no information re: manual intervention. They delivered on the 6th day though, well within the 40 day limit. I'm in Aberdeen claiming £1,990 + interest Vs RBOS Current Account at the moment. I'll be doing RBOS CC, EGG CC, Lloyds CC and Capital One CC next!

[lukester147]

Say I want a copy of a cheque which has been cashed agains my account, BOS will charge me to supply said copy. Does anyone know if I can I request a copy of all cheques cashed against my account and only pay £ 10 fee as per SAR request.

 

Cheers