dont want to make any mistakes *Partial Success*

[paulwlton]

Yes, the banks response is always the same, but we know different, they can only legally charge for their actual losses, but they allways forget to mention this. Send them the next letter. Good luck.

[Dawnb]

Morning Paul,

 

thanks for replying. Just to keep me on the straight and narrow, is the next letter i send now the LBA or can you please advise whats next.

[paulwlton]

Have you sent the letter asking nicely for your money back, if not send that one, if you have send the LBA.

 

1 DPA

2 NICE LETTER ASKING FOR MONEY BACK

3 LBA

4 MCOL

[Dawnb]

Many thanks for keeping me right Paul, i have sent the data protection letter and then the prelim letter and that is all, have you got a copy of the letter that we sent asking for my money back as i havent seen it before,

 

thanks again, your help is much appreciated

d

[gargoil]

All the letters you'll ever need are in the bank templated library on the forum!

 

Good luck!!

 

[Dawnb]

many thanks Garoil for wishing me luck, the same to you mate, good luck!

 

i have checked through the templates library and cannot find a letter asking nicely for my money back, i have searched and searched but with no joy,

 

d

[carlyt123]

Hi Dawn,

 

Just send your LBA out now, here is the link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

 

I hope that helps

 

Carly;)

[Dawnb]

Hi Dawn,

 

Just send your LBA out now, here is the link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

 

I hope that helps

 

Carly;)

 

Thanks for your help again!! Carly, are a lot of peope receiving the letter that i have or is it the usual and i will be the one that is going to receive nothing

[carlyt123]

Thanks for your help again!! Carly, are a lot of peope receiving the letter

 

Hi Dawn, Yes it is a standard letter, you will probably receive more of them before you file your MCOL. Whatever happens unless they agree to settle your claim just stick to your 14 day deadlines and if you have not received a positive repsonse after this LBA has had 14 days, file your MCOL,

 

Hth

 

C;)arly

[Dawnb]

thanks carly, i have added to your reputation by the way, coz youve gave me fantastic support and encouragement throughout this ordeal.

 

Thats my LBA typed up and read to go recorded delivery today, i will keep you all posted, no doubt i will be asking another hundred questions inbetween.

[carlyt123]

Hi Dawn,

 

Thank you very much. It does feel like a bit of an ordeal I must admit, but it's worth it when you get the dough!!

Glad your LBA is done and dusted, so if there is no positive response between now and the 14 day time period, then start your MCOL, regardless of their pathetic letters they send out in the meantime.

Best of luck

[MARTIN3030]

Quite likely she will get a letter again saying basically same thing and enclosing YET ANOTHER copy of their banking ombis booklet.

They will say you cabn treat this as a final response etc.

 

Proceed to mc straight away and let them know they had their chance now its your turn ha ha

 

[Dawnb]

hi guys,

 

i have been very busy the last couple of weeks with the schoool starting back getting the wee one all organised. I have just been reading through the forum getting myself updated.

 

That is the banks 14 days up today, i haven't heard a thing from them.

 

Can anyone please advise what i do now, i know i go to court but i would be very grateful if someone could give me a fools guide to the procedure basically.

[pollyjohnson]

You need to read the FAQ's and the step by step guide. it is all there

[Dawnb]

hi guys,

 

i have been very busy the last couple of weeks with the schoool starting back getting the wee one all organised. I have just been reading through the forum getting myself updated.

 

That is the banks 14 days up today, i haven't heard a thing from them.

 

Can anyone please advise what i do now, i know i go to court but i would be very grateful if someone could give me a fools guide to the procedure basically.

[Dawnb]

Thanks for taking the time Polly to answer me.

 

Can you or anyone out there tell me how long the BOS are taking to pay out and if i will need to go to court with them.

 

Also is there any tips that anyone can give me that would help me along the way.

 

Thanks

D

[gargoil]

Hi Dawn! Are you in Scotland or England as the procedure and claiming limits are different! I have just handed in paperwork to court this morning (Scottish court!) to claim from BOS and RBOS!

[Dawnb]

hi gargoil,

 

i am actually from sunny ayrshire the same as you. what is the paperwork i hand in and i am glad you have replyied to me because believe it or not we are not just from the same area but i am claiming for the BOS and Royal Bank as well.

 

Can you please tell me where i get the paper work and is it hard to fill in etc

[pollyjohnson]

Dawn

Because you are in Scotland you cant use MCOL. You will have to download the N1 form in the templates library and take to your county court. The limits which you can claim are different in Scotland so I suggest you read more threads.

[gargoil]

Hi don't use the N1 form in Scotland unless you are planning to go through the English court system, the forms you need are simply called small claims form 1 and form 1b if you are going through the Scottish system I have sent a link to these and a helpful post by Scotia by PM. The max small claim, unfortunately is £750, so you'll need to severe your clam as I am doing against BOS.

[smoorach]

hi everyone,

gargoil, did i just read you right? we are only entitled to request a maximum of £750 back if in scotland???? that seems very unfair. is there no way of splitting your claim? also i thought i had read in one of the threads on here that there was a way of claiming back up to £1500 through scottish courts. am i right in thinking that or have i missunderstood somewhere.

i am at the moment awaiting my statements back on two accounts from bos. have other acc with charges on them but thought id take them two at a time to see how i get on

julie

[gargoil]

You can claim a max of £750 which means if you are for example owed £2250 in total you will have to go through the small claims procedure 3 times unfortunately. You just severe the claim by date, putting one lot of £750 claims together, then another, then another and so on. You can't do them all at the same time or the courts may consolidate them. The big advantage of small ckaims IMO is that you are not liable for the banks costs if you were to loose (extremely unlikely.) so worse case scenario is your £39 out of pocket. To claim up to £1500 through Scottish court I believe is called a summary cause, which I am not too clued up about but I think if you loose you are liable to pay the banks fees/costs and I'm not sure if you can represent yourself at one, ie you may need a solicitor. It is also more expensive to start proceedings for a summary cause. Some people are doing them though, I'd just prefer to severe to small claims size, hopefully the bank may pay up on full on the 2nd claim as they know you are not messing about by then!!

[smoorach]

gargoil,

many thanks for that that has cleared it up nicely. the banks are on a real winner if it wasnt for sites like this as where would anyone know where to start? this is all going to take a very long time isnt it?

julie

[gargoil]

I originally requested statements from BOS 3/4 way through June and thats me handed in court papers now. So I guess you can give a loose timescale of 2-3+ months though obviously there are many different factors which can delay.

[smoorach]

oh ok gargoil thanks for that rought timescale. thats actually not nearly as bad as i thought it would be. i am at the moment going through another law suit with the local council so not too long and drawn out would be better for the stress levels which are already on the point of overloading. there is one law the government should bring in and thats to make the people diddling you out of your money at least write their letters to you in bloomin english. they seem to use all this jargon all the time and for those of us not in the know its pretty hard to decipher.

anyway sorry for getting that off my chest and thanks for the help

julie