kevmcfad v BOS - **WON**

[kevmcfad]

Need some help with Form 11 and sheriff court action!

 

I've been using the templates in the Consumer Action Group's library (great resourses!) to claw back the bank charges that the Bank of Scotland have given me over the last 6 years. Because they gave me so many charges I was forced to get a loan to pay off my overdraft and I switch banks around 10 months ago. I'm now with Smile (internet bank) and had no problems since!

 

After sending the Data Protection Act letter they sent me my last 6 years bank statements to me within 2 weeks in 3-4 seperate packages.

 

I calculated the total amount of bank charges over this time and it came to a massive £2821 (not including 8% APR) :o . Since I'm in Scotland I've been forced to break this down into smaller amounts. The first amount I'm claiming is £587 + 8% APR (Total £749.63) + £39 Court Fee.

 

I sent them the Request for Payment letter and they sent back the usual automated responce.

 

I then sent the 2nd Request for Payment letter and they responded by offering me only £129, which I rejected.

 

The deadline that I set in the letter passed so I issued a Small Claim with my local Sherriff Court. The Summons is on 29/09/06 and the bank's response date is 22/09/06 (today)!

 

They bank sent me another settlement agreement letter today for £648. The wording is :

"Confirm that I accept the offer of £648 from Bank of Scotland in full and final settlement of my complaint regarding bank charges made on my Bank of Scotland accounts."

 

Does this mean that I can't claim back the rest of the bank charges from them?

 

I contact the Sheriff Court for their opinion and the woman in the sherriff clerk's office couldn't comment on the wording but she did say that they had not been contacted by the Bank of Scotland and I would need to contact them personally as the letter was sent directly to me. Is this correct? and since the response date has passed is there any point in replying?

 

The Sherriff Court gave me a Form 11 Minute of Decree that I have to fill in before 27/09/06. What is this and how do I fill it in?

 

:? kev :?

[Mairi]

Hi Kev

I'd call the bank and remind them that they are due in court next Friday and that they have not replied before the return date. Don't sign that offer. Information on the Form 11 can be found here

 

Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow

 

click on Scotland on the left, then in the text on this page is a link "what if the bank doesn't bother to defend" that should help

Good luck

Mairi

[kevmcfad]

Thanks for the link.

 

I don't particulary want to phone the Bank of Scotland. Why should I bother? They couldn't be bothered to defend the claim against them. I'd have to wait on hold to speak to an operator then explain everything to them.

If I fill in the Form 11 and hand it into the Sheriff Court will I automatically win the case by default?

[callumsgran]

Today, 17:52

Robertxc vbmenu_register("postmenu_258495", true);

Moderator

Join Date: Jan 2006

Location: Dunfermline

Posts: 1,065

 

 

Re: someone

Quote:

They bank sent me another settlement agreement letter today for £648. The wording is :

"Confirm that I accept the offer of £648 from Bank of Scotland in full and final settlement of my complain regarding bank charges made on my Bank of Scotland accounts."

DO NOT accept this term. It means exactly what you think it does, and will prevent you from claiming any more.

 

I would write back and say that you will only accept the unconditional settlement of your claim.

__________________

If your claim is successful, please donate 5% to the forum so that it can continue to help others.

 

The opinions of this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

[kevmcfad]

Thanks for the replys.

The bank's response date was Friday 22nd and yesterday (Saturday) I received this letter:

 

Dear Mr McFadzean

 

I have received and have been dealing with the proceedings, which you have issued against Bank of Scotland in the Kilmarnock Sheriff Court.

 

Your claim relates to bank charges debited to your current account. Theses charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound.

 

However, on a purely commercial basis, it will cost Bank of Scotland money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that Bank of Scotland will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

 

For this reason, but without admission of liability, Bank of Scotland is willing to reimburse £587.00 in respect of the bank charges incurred, together with £161.95 in respect of approximate interest that Bank of Scotland has calculated was charged on your account as a result of the charges. Please see the attached schedule for ease of reference. The Bank of Scotland will also reimburse £39.00 in respect of the Court fee. This amounts to £787.95, a cheque for which will be forwarded within the next 5 working days.

 

I will write to the Court to let them know that your claim has been settled and would be grateful if you could do the same.

 

Yours sincerely

 

Rachel Sandbrook

Customer Relations Manager

Core Business

Customer Relations

 

 

RESULT!

[carolbarrie]

Well done!!!! I have received my statements from BOS, written asking for the amount owed (£987) and had a 'phone call on Friday offering me £183.....

 

I need some advice on what to do next please.

 

I coulnd't speak to the peron who 'phoned as I had a house full of visitors and said I would call them back on Monday to discuss further.

 

Am I right in saying that i refuse the offer and that I will file a court action? If so, what do I do next?

 

Getting a bit mixed up now as I think I have read too many links/info that I'm not sure what/how to do it!!

 

I live in Scotland and think the system varies from English courts??

 

Would appreciate any adivce,

thanks

 

Carol