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Cerise -V- Bank of Scotland


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Hey Folks

 

OK, so I called the bank a few weeks ago and paid the 5 pound charge to get a copy of all my charges sent to me. They have, to date, only sent me charges from the last 3 years, which amount to 1321 pounds.

I have phoned the bank and they are sending out the 2nd half of the statements (is this a common thing they do to stall for time?)

 

Anyway, Im a bit worried because I go away travelling on December 1st for a year-just wondering if I should (hopefully) get my money back before this?

Im worried it will drag on past my leaving date and its going to be a mission trying to claim back from overseas.

 

I hope I do get it back,that would be a great boost to my travel funds! :)

 

Anyway, I'll keep this thread going with updates.....

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The 2 big delays are:

 

a) Waiting for the 40 days for them to send you your statements, and

b) The time it takes to get the case to Court - this can be a couple of months between you handing in the Paperwork to the Court & the hearing date.

 

As an educated guess, I'd imagine your only potential snag could be if you have to split the claim into 3 or more amounts, (to keep each claim under the £750 Scottish Small Claims Limit) - then the latter ones might go further than your Travelling Deadline. HOWEVER, have a word with your local Court - I seem to recall reading somewhere that you can get someone else to represent you (i.e. partner / parent?) - PLEASE CHECK THIS!! As I'm not 100% certain of it!

 

Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Thanks for the advice.

 

OK, Ive realised I dont need the other 3 years worth of statements, Im ready to go ahead and claim for the 1321 pounds - do I send the list of charges they initially sent me back to them, with all the charges highlighted? And make a copy for myself?

Sorry if I seem dumb, quite new to all this, and im on the internet at work so I dont have the time to browse through the whole site!!

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Oh dear Im such an idiot.

I was posting a few letters at the same time I posted my prelim letter and I accidentally sent the letter requesting my charges back to Nationwide, whom Ive just opened a new account with!

Aaargh! **slap**

Not to worry, they sent me it back and I have resent today special delivery

Sent to the Customer relations department in Rosyth.

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  • 2 weeks later...

OK got a reply from the bank today - any advice.

Im still paying off this debt (currently at 30 quid a month)

 

-------------------------------------------------------------

Dear Miss Ahmed

 

I refer to your complaint received 3rd August 2006, naturally I am concerned tbat you have found cause for complaint and at the outset please accept my apologies for the inconvenience this has caused you.

 

It is my understanding that you are unnhappy with the service you have provided especially in regard to the charges on your account.

 

Unfortunately this account has been migrated to a debt manager in Rosyth and you are urged to contact them as soon as possible at 0870 240 5138 to work out an arrangement on this account.

 

I have enclosed a copy of our complaints leaflet, which expains our procedures. Shoud any of your concerns remain unsoved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we're unable to do so, we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If I do not hear from you in the next eight weeks, I will assume you are satisfied with our response to your letter.

 

Yours Sincerely,

Mark Slinger

Customer Care Manager

Retail Bank Collections

------------------------------------------------------

 

 

What now?! I dont want to contact anyone by phone, I want it al done in letter

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Hope you don't mind but I called the number they gave you for the debt manager. (Withheld my number of course so they don't call ME back LOL) The company is Retail Bank Collections, which is the company name at the bottom of your letter, so I'm assuming they are an in-house debt collection agency for the BoS??

 

Give them a call, say you are not willing to discuss your account over the phone and ask for the name of the person in charge of your account and the company address so that you can write to them. then send your prelim letter to them and see what happens.

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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Hope you don't mind but I called the number they gave you for the debt manager. (Withheld my number of course so they don't call ME back LOL) The company is Retail Bank Collections, which is the company name at the bottom of your letter, so I'm assuming they are an in-house debt collection agency for the BoS??

 

Give them a call, say you are not willing to discuss your account over the phone and ask for the name of the person in charge of your account and the company address so that you can write to them. then send your prelim letter to them and see what happens.

 

Thanks! Ive aready sent my prelim letter asking for the charges back though....this letter seems to be different to the standard fob off? I dont think the fact that its with a debt collection agency should make a difference though, they owe me the charges back and thats that - Im paying that debt off each month....

I'll give them a call tomorrow and tell them I want everything done in writing. Not sure what the next step is though....they have my prelim letter, so the ball is in their court now

 

Any further advice would be appreciated x

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They haven't responded postively so the next step would be the LBA...?

 

Unless anyone else has any other advice on how to deal with the reply you received.

 

 

Sorry I'm not much help but I'm pretty new to all this myself and I've only got as far as the prelim letter stage.

 

I'm about to take on BoS too so I've been reading through some of the posts to see exactly what I might be up against. My DPA request letter is ready to be mailed to them tomorrow morning.

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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Hi Cerise

The reply you received looks as if they are trying to scare you off.

 

"I refer to your complaint received 3rd August 2006,"

 

You already have an agreement to pay off this account, so why would you need to call them to make an agreement?

 

It hasn't been passed to any DCA. BOS call it "collections" as Candyfloss stated.I know, i had to go into the bank, passport (and cap) in hand (bank card had been taken off me) and ask to lift money from my account, teller would then disappear for 10 mins while she phoned collections to make sure that was ok, then come back looking down her nose at me, ansd say hmmmm weeeelllll you can have £-- as long as you're a good girl.

That b#### won't look down on me anymore when i waltz into the BOS with my new Cag tshirt (waiting on delivery)

Consumer Action Group : CafePress.com

 

I would try not to worry about this letter.

Just send your LBA when it's due.

Best of luck

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"That b#### won't look down on me anymore when i waltz into the BOS with my new Cag tshirt "

 

 

PMSL !! You go girl !

** Progress Report **

Capital One -

D.P.A. request sent R/D 3.7.06

Prelim letter claiming £900 sent R/D on 12.8.06.

Offered £345.60 25.8.06 - not accepting!

LBA sent r/d 1.9.06 = £1,249.51

Cap One refusal to increase offer rec'd 13.9.06

Lloyds TSB

D.P.A. letter sent by R/D 3.8.06

D.P.A. del'vrd 4.8.06 - 40 days=13.9.06

Statements that don't make sense rec'd 29.8.06

Cabot

CCA letter sent by R/D 3.8.06

CCA letter not yet del'vrd as at 15.8.06!!!!

Emailed Royal Mail 14.8.06 & await reply

Bank of Scotland

D.P.A. request sent by R/D 12.8.06

D.P.A. del'd 16.8.06

---------------------------

If you think I've helped please click on my scales - top right.

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The account was passed to Westcott a few years back but Im paying that each month. Surely that wont make a difference to getting my charges back?

If I do get the total amount back - that would pay off ALL my debt with the bank and Id still have a few hundred left over.

 

So now that Ive sent that letter asking for my charges back, and they havent responsed positively- the next step is to file the claim?

 

Can someone help! Thanks

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They haven't responded positively to your request letter. So send the Letter before action which states that you will take them to court if they do not pay you back the charges etc. It's in the library somewhere!

 

Good luck! When I was still with the BOS they were complete Wan*ers. But I'm getting my money back anytime soon now! Yay!!

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I'm in a similar situation. Paying off an overdraft of £1100 by a negotiated monthly amount. Worked out there is £1800 in charges owed to me. Sent my prelim letter got a similar letter to yours. Sent the LBA which they have until midweek to reply to, Have a feeling I'll be visiting the court by the end of the week to file papers. I have also stopped any payments to this account. They phoned asking me to pay it all back. I told them they actually owe me more money and I am shortly going to be filing a court claim. They don't phone or write anymore. :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 3 weeks later...

Yup go for it!!! Remember in Scotland the small claims limit is £750 so you'll need to do it in 2 lots of less than £750. Good luck!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Go for it, and good luck. I'm about 2 weeks behind you at the mo so am watching progress with interest.

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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I called the courts to see if they could post me out the claim forms and they gave me this site to download the forms from

 

Scottish Courts Home Page

 

Im assuming its the 1st one I use?

 

Search Results

 

The lady said you can claim up to 750 through small claims or up to 1500 through something else, cant remember the name of it.

 

Printed off the forms to fill out but Im completely hopeless at these things,dont know where to start! Aaargh :eek:

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Cerise

 

I can send you a copy of the form & words I used for a successful claim if you PM me your email address

 

SR7133

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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Click on Sheriff court

 

Click on Small claims actions

 

Click on forms

 

Download Form 1b because its against an organisation...

 

Fill in the first part form 1, and copy details into form 1b.

 

Find you nearest court, send form 1.

 

The court will send you details fill them in form 1b and send registered to the bank...and wait...

 

Sorry if this is not right as I am no expert but stepping the way through myself...

 

GK

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Cerise

 

I can send you a copy of the form & words I used for a successful claim if you PM me your email address

 

SR7133

 

Hi, PM sent thanks, if you cant get back to me today that would be fantastic- keen to get the ball rolling asap as Im leaving the country December 1st.

 

Sjones - read the post I made above - just visit the scotcourts website and download the relevant form (info above) fill it in and send it away ;)

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