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And so it begins... me vs BOS


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Handed in my DPA subject request letter to my local BOS branch today(aberdeen) (got a receipt) with an enclosed £10 cheque.

 

Once i get the statements ill add em up and proceed to the next step(ive asked for 2001- 2006 5 years worth maximum i think but basically the Bank have charged me a lot of O/D charges over the years ill find out exactly how much soon i hope)

 

Its like starting a fight wi someone eek!

 

:)

 

ill continually update this thread as it goes on.

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Hi Folks! an update! :)

 

Got a letter from local branch today 7/8/06 about my DPA SAR

 

I'll quote exactly what it says...im a wee bit confused.

 

 

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

Dear xxxxx

 

Access Request

 

I have today requested your previous five years statements for the above numbered account. Thes will be sent directly to your home address from our business centre.

 

You have requested that i send you details of any manual intervention indication or notes held on your account.

We are under no obligation to record this information so no information is available. I have enclosed in this letter the cheque that you provided for this information.

 

You will find enclosed a copy of our leaflet explaining our complaint procedures.

Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for help. If i dont hear from you in the next eight weeks i will assume you are happy. If you would like to discuss your concerns please telephone me on (local branch bank number)

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

 

Hrmm? Ok does this mean that if i dont contact him he will assume the case is closed and that everything is ok? So i should contact him?? Not sure how he can help because he will just tell me that the charges are part of the banks T & C s

 

Also im not sure about the bit about them not being obligated to record any manual intervention on my account so ergo they dont tell me about it??

 

This is a bit late but its ok for me to quote most of that letter i got from the bank yeah? Also because they DIDNT take my cheque does that mean it is not a legally binding SAR ??????

 

thanks ppl :D

things are moving ehh!!!

CJ

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Also given that he has said that there wasnt manual intervention on my account (either that or isnt willing to reveal when manual intervention happened)i assume then that such charges are automated. Ive been hearing that one of the arguments from banks is the cost to make manual interventions on an account hence the high charges.

 

hrmm has anyone else had their bank say to them that they wont tell them when there was manual intervention on their account? (because they arent legally obligated to do so?)

 

 

 

edit: if the bank arent legally obligated to record such information then are they legally bound to provide it?????????????? (in accordance with the Data Protection Act S.A.R - (Subject Access Request) request)

 

if by pure chance they did record such information can they then go ahead and delete all such entries from my account and then send the other information to me. Hrmmmmm....:confused:

 

 

cheers :D

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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This is just a standard nonsense letter. In them saying they are under no obligation to record such information is good for you. It's basically an admission that everything is automated. They can't come back at a later date and say but it cost us this much to deal with a returned direct debit because if they do have this information they are obliged to share this information with you and they have not! You can pretty much ignore any letter that doesn't come with a cheque! Stick to your timetable and do this on your terms.

 

So you will now receive or have received your statements. First things first, highlight every charge over the past 5 years and put it into the Scottish Spreadsheet in the templates librarby.

 

Secondly, amend the preliminary approach for repayment letter in the templates library to suit you. i.e. account numbers and costs

 

You will receive another letter saying our charges are fair and transparent.

 

Next amend the Letter Before Action letter demanding repayment.

 

They will probably offer some silly amount, probably 20% of what you are due. Accept it but make it clear you will be claiming the rest and it's only a part payment.

 

Then file with court, at this point they will 99% give you a full refund.

 

Where abouts in Aberdeen are you? I'm just about to send out an LBA for £1,990 + interest against the Inverurie branch.

 

Mark.

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I'm a bit surprised you got the cheque back, but then they never cashed mine.

 

About manual intervention - yeah, that's just the standard bit, I got it too.

 

Filed my claim at Aberdeen Sheriff Court today. I'll keep ya posted.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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This is just a standard nonsense letter. In them saying they are under no obligation to record such information is good for you. It's basically an admission that everything is automated. They can't come back at a later date and say but it cost us this much to deal with a returned direct debit because if they do have this information they are obliged to share this information with you and they have not! You can pretty much ignore any letter that doesn't come with a cheque! Stick to your timetable and do this on your terms.

 

So you will now receive or have received your statements. First things first, highlight every charge over the past 5 years and put it into the Scottish Spreadsheet in the templates librarby.

 

Secondly, amend the preliminary approach for repayment letter in the templates library to suit you. i.e. account numbers and costs

 

You will receive another letter saying our charges are fair and transparent.

 

Next amend the Letter Before Action letter demanding repayment.

 

They will probably offer some silly amount, probably 20% of what you are due. Accept it but make it clear you will be claiming the rest and it's only a part payment.

 

Then file with court, at this point they will 99% give you a full refund.

 

Where abouts in Aberdeen are you? I'm just about to send out an LBA for £1,990 + interest against the Inverurie branch.

 

Mark.

 

cheers Mark am claiming against my local old aberdeen branch at the aberdeen university campus. Should receive the bank statements shortly!! For the first time ever im looking forward to mail from the bank yay!

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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I'm just preparing my letter to send off to HBOS as they are now, but can't get the link to the Scottish spreadsheet to work to calculate my interest charges. Can anyone help me out?

Ive been reading up on what sort of responses to expect from the bank. I have the letters for the bank charges which all happened this week. Three seperate charges of £30 each plus a £28 interest charge on unauthorised borrowing. I received a new bank statement the following day to the letters which didn't even show I was over my borrowing limit as it happened so recently Grrrr!

Anyway, sorry to highjack this thread, but I'd been reading up in preperation of sending my letter!

Thanks

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Moonglade, try the following links

Bank Accounts

 

Scotland - Simple - Excel

Scotland - Simple - Works

 

Scotland - Advanced - Excel

Scotland - Advanced - Works

 

Credit Cards

 

Scotland - Simple - Excel

Scotland - Simple - Works

 

Worked okay for me - best of luck

 

Charlie

Nationwide Total settlement for first claim £810.92 (Charges £570.00) total charges £2579.00 (Another 4 claims to make)

 

Tesco personal Finance -NO penalty charges see post end thread

Egg DPA complaint sent to ICO see thread

Egg also trying to get defaults removed

Abbey National/MBNA credit Card - Eventually settled in FULL:)

 

Citibank Preliminary sent 19/08/06

MBNA DPA sent 30/07/06

Mrs CharlieHo v Providian DPA sent 30/07/06

 

MORE TO FOLLOW

 

Advice & opinions of CharlieHo are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Hi

 

Does the amount claimed have to be less than £750 with interest (not the 8% at court data but the 6 or 8% up to date of service).

 

I am claiming £647 (as first lot- more to come) but have not applied interest as yet- shall I do now and see if comes out at less than £750

 

Thanks

 

M

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its £750 and under without interest applied i think.

 

still havent received my bank statements myself. Only been a few weeks though. Ill start to worry in Sept!

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Me v BOS

 

Can anyone help?

 

I have completed my Schedule of claims on the excel template and it has given me my total with interest. However, I don't understand the Judicial Interest part.

 

What is Judicial Interest and how do i calculate it?

 

Thanks

 

Mark

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small update :)

 

received a letter from HBOS dated 8/8/06 (didnt actually receive this until 17/8/06 !!!! in post)

 

 

Dear

 

I refer to your above numbered account and your request for details of charges debited to the account.

 

We can provide the information requested but to do so there is a £5 statement charge. Statements will then be provided for the last 5 years

 

Please provide the authority to debit your account or forward £5 cheque.

 

No action will be taken until we receive this.

 

yours sincerely

Karen Balsillie

Customer Services

 

 

 

????? the manager at my local branch returned my £10 cheque to me so why are they asking for it again lol.

 

Anyway i went into my local branch and the manager just said that its fine i should receive the statements shortly then said smt about if they do take the money from my account it will be re-imbursed ??

 

hrmmmm should i ignore my manager and just send a letter with cheque to this Karen Balsillie (at a po box address in edinburgh)??

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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I would reply to the po box number, I am a newbie and am going to claim on 3 BOS accounts in Aberdeen, will do one at a time to get the hang of it.....

 

Good luck and let us know how you get on

 

Carol

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I'd reply to her directly. Was your cheque returned in the same letter? If so reply saying that payment was offered, and as such your time schedule still applies. They have up until 40 days since they first received your request. Forget the 5 years rule too, I can't find the legislation, but if you sent a DPA, then they send whatever you asked for.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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i phoned them after this and they confirmed they were sending the statements out.

 

that was a few days ago and today....

 

Received in the post today 11 individual letters with statements in them but only running from May 2004 up to August 2006. So i think i am due a second batch of statements from 2001 to 2004. (the guy at BOS mentioned 2 batches)

A lot of the charges just say "charges as notified" so its unclear what it pertains to. hrmmm.. i guess though its the charges themselves which i am challenging though so no worries.

 

Im also thinking that if my claim is over £750 then ill claim via the english courts because that way i can submit online right? and i dont go through the hassle of multiple claims (each process taking around 3 months) I know someone in england who i could put down as a forwarding address.

 

cheers

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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1st batch (2004 - 2006) total charges comes to £1700. waiting on 2nd batch (2001 - 2004).

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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received 2nd batch (2001 - mid 2004)

 

comes to approx £600 although i wasnt entirely sure about adding the £8.50 maintenance charges i seemed to get. I think these charges are if i go overdrawn in a month as well as the charge for going overdrawn i get a monthly charge.

 

£600 + £1700 (1st batch 2004-2006) = £2300 total and ill try and claim via Halifax head office in england.....although i joined HBOS when it was still BOS and not merged hrmm. I need to check the banks terms and conditions about that.

But things would be a *lot* more straightforward if i am allowed to claim via the english courts.

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Hi folks,

 

update

well i sent off the preliminary letter to HBOS group at trinity road thursday or friday last week. (1/9/06)

 

Got the standard letter reply from Bank of Scotland customer relations in Dunfermline 4/9/06 (pretty quick though ehh!)

 

They quote that they will look into my claims within 4 weeks (though of course i'll stick to my 14 days before i send off a LBA)

 

ohhh something else.......

 

i got a recent statement from the bank and i noticed they seem to have reduced their charges possibly. as i have an item listed just as CHARGE £5.00

It doesnt say what its for though....hrmm i'll investigate it with the bank and get back to you asap.

 

:)

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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lol yeah i think you might be right there! £5 charge for statements

 

sending LBA on 15/09/06 (do i count saturday and sundays?)

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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  • 2 weeks later...

update

 

lba sent today 19/9/06 :) (little late)

 

posted to HBOS trinity road address registered post (£4!)

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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aarggghh!!!!!!!!!! just realised ive started my letter with smt like

 

 

i am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

 

 

But they DID reply to my letter wirth usual blah blah will investigate in 4 weeks time.

 

bugger! what do i do? ive already sent the lba.

 

Or it doesnt matter?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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