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Flyermonkey Vs Halifax Bank Of Scotland **WON


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Hi,

 

Should the Bank of Scotland not be included under the Halifax group as they are now the same company?

 

I am taking the Bank Of Scotland to court over £2500 worth of charges and under Scottish law the limit for Small Claims is £750 and for Summary Causes is £1500 which means that I have to have a lawyer representing me, which is annoying as it takes so long the minute lawyers get involved! However the advantage (I think) in Scottish Law is that you can go to court in the place that you were due to be paid the money (rather than where the bank is based) which means that if you live in a remote location with few lawyers then the bank has to send a lawyer from at least a 120 miles away (and you know how much lawyers charge for their time....).

 

Interestingly enough, my solicitor can't get any more sense from the bank than I have ever got! So a writ is now winding its way to the local sherrif court, and hopefully will get some kind of reaction. As soon as I have further details and / or a reaction then I will update the site here.....

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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Thanks for the heads up on the BOS. I'll move it.

 

Amazingly low limits in Scotland, then but what are the rules for costs? I hoep that you don't lose but what happens if you do?

 

Do you want to repost or continue this in the BOS?halifax forum?

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I guess its just as well leaving it here, as the law for Scotland is differant?

 

Yeah, it is a problem that the limits for Scotland are so much lower. I think that if I lose then i will have to pay most of their costs. I know that when I took a company to court a few years ago for not paying a £6000 bill (I was self-employed at the time) it dragged on for over a year with the company settling out of court the day before it was due to come up and I still had to pay over a third of my own legal costs, as the costs are set by the court (normally at half to two thirds of the actual costs). I assume that If I lose then I will have to pay a certain amount towards their legal costs, but as far as I understand it is limited - though last time it was still over £2000 plus their own costs that the losing side had to pay!

 

I am gambling on the fact that they won't want to take the risk of losing in a court and that if I have to pay some money out of my own pocket it will at least be less than the money I will lose by dropping the case.

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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Aargh!

Yes I think that the keeping jurisdictional things together is possibly a better idea.

I'll move it back.

 

Doh...!

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Hi

 

I have a Bank of Scotland Preference Account and have sent a letter asking for a schedule of charges to:

 

 

Bank of Scotland

Customer Relations Department

City House

City Road

Chester

CH99 3AN

 

In fact I have sent 2 letters. They say they did not receive the first so I sent the second one recorded. that was two weeks ago and they say they they still have not received it. I am pulling my hair out and am not sure what to do next.

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If you have recorded delivery evidence that the letter was received by the Bank then frankly you don't need to do any more.

If the letter was a request for DPA disclosure then begin your complaint to the Information Commissioner.

If it wan't then now progress to a DPA discloure request - send it recorded delivery, of course.

 

I think that when the bank says that they haven't received correspondence which they clearly have because of recorded delivery evidence, then you just ignore them and keep trundling on to the next step until they "get it" and start responding to you.

To ignore correspondence in such an obvious way is simply a symptom of a large organisation which isn't used to being pushed around and they don't know what to do.

I think that it is a sign that you are doing well.

With a bit of luck they will mislay the summons as well. :twisted:

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If its any help, in over a years worth of 'correspondance' with the Bank Of Scotland neither I nor my solicitor have had any kind of sensible reply to any of our letters! They clearly either make a point of not replying to letters or are hopeless at dealing with paperwork.... I still get monthly letters from them and their debt collection agencies despite repeated requests to send them directly to my solicitor.

 

They are the most difficult company to get information from, even by phone or in a local branch as I have tried that route as well. I would just go straight down the legal path as at least you might get someones attention.

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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If you sent a letter by recorded delivery, the royal mail website will be able to tell you when it was successfully delivered, and the name of the person who signed for it. http://www.royalmail.com - give them the recorded delivery number and the date of posting.

 

Refusals of recorded mail mean the mail is returned to the sender; so I really can't believe it's been lost in the mail.

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I have two Preference Cards and a loan. I sent £3000 to pay half the loan and £2000 to pay one card off and £1000 to pay off the other. They cashed the cheques in October. Since then, I have received numerous letters and phone calls demanding money. I have sent them photocopies of the cashed cheques and they still have not quite sorted out where the money went. There are a load more wrinkles to this story, but I'm in a hurry at the moment, but it will keep for when the dust settles and I take action on their stunning incompetence.

 

Gerard

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