Darren vs Bank of Scotland. ** WON **

[dazzaboy2]

Hi Alison,

 

Thats not my branch, that is the customer service centre in Scotland.

 

They passed my prelim to someone down south and I then started liasing with them..........not that they bother to respond of course.

 

My claim is filed against their head office.....the Trinity Road address.

[sinking_fast]

i sent my claims to the mound, edinburgh, is this the wrong address?

 

btw dazza have been following your claim (well for the last few weeks) and its due to reading your claim that i took the plundge, even though i must admit that now the letters have been sent, i'm worring myself to death

 

anyway will keep watching, good luck!

[dazzaboy2]

Hi sinking,

 

To be honest I don't think it matters where you send your claim to. It tends to find it's way to the right place. Because I live in Scotland and am claiming through the English courts I used their head office address in England.

 

Try not to worry!! Noone has lost yet!! Just follow the instructions on the site and stick to your guns and you'll be ok.......thats what I'm hoping for anyway!!

 

I'll keep you posted and subscribe to your thread too.

[sinking_fast]

cheers dazza, only just sent mind off so will probably be a while before i hear something, if i hear anything at all.

 

none have lost???sorry to be negative but theres a first time for everything, and its bown to happy to me, good job its not my local branch i'm trying to get my money back from, as i defo wouldn't get it, i can bet you as well that my bank account will be closed, which i'm not bothered about as my husband has an account and he'll just make it a joint account, only problem being that his account is with the BOS, it would be funny though going in there and putting the money into his account (they can't stop me going into the bank )

[natwesttookmymoney]

"now the letters have been sent, i'm worring myself to death"

 

Don't worry - follow the step-by-step instructions and you'll be fine. Don't hesitate to ask for help when you need it.

 

Westy

[dazzaboy2]

Yeah sinking,

 

I think everyone feels like that when they first start out..........I know I did. Since my first offer tho, my confidence has grown somewhat!!

 

Your confidence will grow too.

 

Remember, you're not the only one doing this............there are hundreds, if not thousands of claims in progress at the mo............and everyone else is in the same boat.

 

This site is excellent tho, the best support and advice you could wish for.

 

So like Westy says, if you get stuck, ask for help!!

 

If you're feeling down, come to us for a wee pick me up and confidence booster lol!!!

[dazzaboy2]

Have I won???!!!???

 

Today I got a copy of a form form from the court sent to BOS ordering them to pay me in full!!! 5.5k!!

 

It says judgement for claimant in default.

 

I have a strange feeling that the court has their wires crossed as earlier this week I got notification that BOS had acknowledged with an intent to defend, and that they had 28 days from the 6th Dec to submit their defence. This is even confusing me so, in summary:

• Claim deemed served 6th Dec.
  
• They had til 20th Dec to respond.
  
• Nothing submitted by 29th Dec, I filed for judgement.
  
• Letter from court dated 3rd Jan saying I buggered up the form, corrected and sent back 4th Jan
  
• Letter from court received dated 5th Jan saying BOS acknowledged with intent to defend on 21st Dec
  
• Letter received from court dated 8th Jan saying I have won by default.

Whats goin on ere then lol?? Think the court will be getting a phonecall tomorrow!!!

[sinking_fast]

heres hoping you've won darren, will by waiting to hear tomorrow whats going on, cause i haven't got a clue, sorry i wasn't any help :?

[stevokenevo]

Well.. .. .. ..!?!!?!? have you phoned??

[dazzaboy2]

Just off the phone with Bournemouth County court,

 

The last thing to happen with the case is indeed, judgement by default!!

 

CCJ for HBOS, lol........get it up ye!!

However, they haven't responded yet and could still apply for a set aside, so............until I have a cheque for the amount, I ain't counting my chickens!!

 

It's so close.............I can smell it lol.

[sinking_fast]

well done darren, can't wait till i have that feeling of achievement, and getting back my money

[dazzaboy2]

Right guys,

 

No money recieved from HBOS. Tomorrow will be one week from when the judgement by default was served to them.

 

Should I phone the court tomorrow and ask them to enforce judgement? Or should I hold off a couple of days to give them time?

 

Also, if I do ask them to enforce judgement, how much will it cost me and do they still have the option of applying for a set aside at this late stage?

 

Thoughts appreciated!

[dazzaboy2]

Well as yet, nothing recieved from BOS, i.e. my £5500!! And that is more than a week now since judgement was awarded to me. They've had enough time to get off their arses and do something.

 

Just off the phone with the court, they haven't applied for a set aside or anything so they are going to send me out an 'enforcement pack'......

 

I dare say this is to eable me to send in the bailiffs!

 

In the meantime, any suggestions on how I can avoid this and get my money? Should I contact HBOS?

[elsinore]

Saw your post on Runner's thread and hagenuk's response.

 

The HCEO's will add their whopping fees to the claim amount, so you might derive a bit of pleasure from the lnowledge that BOS will have to fork out even more!

 

Elsinore

[dazzaboy2]

Thanks for that Elsinore,

 

Does that mean that I don't have to pay for the HCEO's up front and they will get their fees from HBOS?

 

I thought I would have to pay for the HCEO's and would get the money back from HBOS.

 

Also, does anyone know which High Court I should use? I live in Scotland but used Bournemouth County Court for my claim.

 

Apparently because my claim is for more than 5k it has to be the High Court bailiffs that go in.

[alki]

hi darren i'm new to all this but was wandering how you were proceeding with your claim thru small claims or summary court

[elsinore]

AFAIK that is the case, although I'm not completely certain. I suggest you ring Bournemouth County Court who should be able to tell you which Court it will be transferred to. Then you should be able to ascertain the name and number of the HCEO for that Court, who will then confirm the fees and charges arrangements

[dazzaboy2]

Many thanks Elsinore.

 

In the meantime I am wondering if I should telephone HBOS to see where they are with this claim.

 

Is this sensible? Or would it be more sensible just to send in the bailiffs?

 

Part of me is saying if I telephone them it may prompt them to get their fingers out and apply for set aside or something, on the other hand they may realise I won't let this go and pay up.

 

I'm on holiday from work this week and don't have enough to occupy my mind lol.

 

Is it worth a shot?

[dazzaboy2]

..

[elsinore]

This claimant phoned and opened a can of worms!

 

http://www.consumeractiongroup.co.uk/forum/citicards/50694-citycards-trying-every-trick.html

 

If you are not desperate for the money, I think it would be better to wait to see what happens after the bailiff's action.

 

But it's your call!

 

Elsinore

[sinking_fast]

well darren whats happening? did you phone? your claim seems so confusing still to me, i really really hope i don't have to go through all this, i though it was o.k and you'd won, sorry for sounding thick :?

[sinking_fast]

hi again darren hope you read elsinore's link in thread no 145, what ever you do i wouldn't phone. does this mean this could be the 1st case thats lose's?

[dazzaboy2]

Hi sinking,

 

Too late I'm afraid. HBOS just returned my call. Basically, I gave the (very nice and helpful) woman the timeline of events and she will pass this onto the legal department.

 

She thinks my case may simply have gotten lost in the system. So I guess I just need to sit tight and wait for the execution pack to arrive from the court and send in the bailiffs or for them to respond.

 

I wish they'd just hurry up and pay up..................

[dazzaboy2]

Execution pack arrived this a.m.

 

I will give them until Thursday the 25th to respond. If nothing has happened by then I am definately going to send in the bailiffs.

 

This isn't a gesture of goodwill, I'm just skint until payday on the 25th!!

[Michael Browne]

This might cheer you up:

Bailiffs seize bank's cash - Britain - Times Online