falkirkjambo v Bank of Scotland

[falkirkjambo]

First post

Sent the Data Protection Act request letter on 31st July requesting complete list of charges relating to my banking history.

Today received copies of statements relating to the period August 2000 - May 2004. with a letter stating the information related to the period for period i had reqested.

This is not correct as I did not specify these dates.

My question is will I have to send another letter asking for the missing information and pay another £10 ?

Also how far back can I go 7 years or 6 years.

Best regards to everyone

Falkirkjambo

[Guest willowb]

6 years. Did you close the a/c in 2004? if so then the statements would be for the right time period....tot it up and request it back!

 

Wx

[falkirkjambo]

Wx

Thanks August 2000 is as you say 6 years ago but my account is still open.

Should i think about closing it and going somewhere else ?

 

Falkirkjambo

[Guest willowb]

Do they owe you statements from 2004 - 2006? If so, then you don't need to send them another £10, write or phone and tell them that they haven't fulfilled the 'subject to access request' under the DPA and need to forward the remaining statements.

 

You should have a parachute account set up as they probably will close it sometime after you get to court stage.

 

Wx

[falkirkjambo]

Have now received all my statements. Have read all the Q &A but can't work out if i should claim the full amount ie £30.00 for bounced cheques or do I have to deduct a fair charge and claim less

 

Falkirkjambo

[Guest willowb]

Full amount....every charge except the standard o/d service fee (£12 ish).

 

Wx

[Thailand]

Hi Falkirkjimbo, as you are in Scotland I think you can only claim back 5 years (and up to 750.00 in any one claim unless in fast track) although there are exeptions to the rule.

 

Good luck

[Guest willowb]

Sorry, I didn't realise you were from scotland....d'oh should have checked!

 

here's a link that may help you..

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

Good luck

Wx

[falkirkjambo]

Thanks guys

Can I also claim back the monthly maintenance charge of £15.00

 

Best wishes

 

Falkirkjambo

[Thailand]

Not sure, this link may help though www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html#post119205

[debt_mountain]

Hi Falkirkjambo,

 

I am also going to chase the BOS but will be doing it in England, serving against their English headoffice (that is where the mail they are sending is coming from). That way I can go for upto £5k and also the 6 years.

 

As said before in Scotland it is max of £750 for a small claim and only 5 years.

[falkirkjambo]

Debt Mountain

About to claim £1,341.94. Should I break it down into 2 chunks? If so which chunk should I go for first? The most recent or the oldest? Also Should I be sending my corres to the head office?

Best wishes

Falkirkjambo

[Thailand]

I would choose the oldest debt so it doesn't "expire", and your next claim would definately fall within thier damage limitations. I don't know the BOS's address - you can always post it to, or take it to your local branch - they will submit to relevant department. If you choose the latter get a reciept!

 

Sorry for calling you Jimbo and not Jambo lol!

[falkirkjambo]

Thanks for your help guys

Letter sent to Bank of Scotland informing them of my intention to claim £740.47 along with spreadsheet of chgs and interest.

Best wishes

Falkirkjambo

[Thailand]

If you haven't sent it yet dont include the interest at this stage!!

[falkirkjambo]

Thailand

A bit confused, I copied the Preliminary approach for repayment leter from the library and it includes asking for interest .see below

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

Best wishes

Falkirkjambo

[debt_mountain]

falkirkjambo

 

I would break it into 2 chunks as anything between 750 and 1500 has extra court costs and also more at risk if you should lose. If you think there are more charges in the extra year from Scottish 5 years to English 6 years then go after them in England, others have successfully done this. Same process, raise the N1 form and post it with the "120 fee to an english court nearest them (the defendant).

 

 

I am going for the English head office so I can go for the full amount (6 years) in 1 go.

 

From the first letter I sent (to my local branch) requesting the data protection blah blah I received a reply from their head office in England, so from now on I will be dealing with them as it suits my need.

 

I expect to be claiming in excess of £2000 from them. probably more now that I have remembered I had 2 loans and 2 mortgagfe accounts with them also.

 

hopefully I will just lump them all together.

 

I am also a little confused about when to mention the interest. From what I have read (FAQ, hundreds of posts) I think you just tell them the amount of charges in the first request, but in the second you attach the sheet with all charges, dates, interest (excluding the Judicial interest as that is only added should it go to court).

 

have fun, I am......I keep remembering the phone calls, nasty letters and dreading getting home to the mail.....

[falkirkjambo]

Now really confused

Can anyone say with any certainty that interest should or should not be asked for in first letter.

Falkirkjambo

[Thailand]

Hi, The 8% APR should definately not be included! the overdraft interest I (think) you should mention, sorry if that doesn't help.

 

You may have already seen this but it really helped me: STEP BY STEP

[falkirkjambo]

Just noticed that I received my statements from address in England, can I make my claim to that address and go for it in on chunk and also go back the 6 years?

Also still not clear on the issue of claiming back the interest on the preliminary request letter

Falkirkjambo

[Guest willowb]

Don't include the interest on your PRL.....add it on when you send out your LBA.

 

Wx

[falkirkjambo]

Update

Sent preliminary approach letter 31/8/06

Received response from bank dated 4/9/06, stating a customer relations manager will investigate the points I have raised and that I will receive a reply Shortly, but certainly no later than 4 weeks

Will send Letter Before Action (LBA) on 14/9 06 if no reply received

[Guest willowb]

Good! well done :>)

[falkirkjambo]

Update

14/9/06 Letter Before Action Letter sent today.

[falkirkjambo]

Question?

I have split my claim in two to get it under £750.000, Do I have to wait until the first claim has been resolved to start the second claim?

Also

Can I claim on credit cards that are now closed?

Would apppreciate some guidance

Best regards

Falkirkjambo