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MelanieGB vs BoS


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I've been browsing for the past few days and decided to take action today.

 

I have sent my Access Request Letter re our joint account which have been hammered with charges for the past five years.

 

I will keep you up to date.

 

Melanie

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Good stuff Melanie. Keep us posted girl :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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I'm sure I'll be fine with a little help from my friends.

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Sure will do, let me know how you get on as well

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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So far I've not received my statements and I wait with great anticipation. What about you weirgo?

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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I have sent a reminder letter, with a copy of my SAR letter (dated 5 October) attached. Hopefully I will get a response this time around.

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Just a quick update.

 

I gave BoS permission to deduct £10.00 from my account in my S.A.R letter. I received a letter back from them saying...

 

"Unfortunately we cannot deduct this amount from you bank account as you are overdrawn. Please forward £5 so that we can issue your statements"

 

They've been charging me £50 here and £39 there (while I was overdrawn) and now all of a sudden they can't deduct any money. I don't have a cheque book, is it ok to send them a postal order?

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Bloody cheek! I'm surprised they havent charged you £39 for bouncing your SAR:mad:

 

Yes, a postal order would be fine.

 

j

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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That's great, thanks weej! I'm going to send it tomorrow, and hopefully I will have my statements next week for some action.....

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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  • 2 weeks later...

Just a quick update, I've not heard anything from BoS, so I emailed them at [email protected] Let's hope this will spark some interest in my request for statements. :roll:

 

Well, they have until the 13th to comply with the 40 days, I thought I'd just remind them...... :grin:

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Melanie, if you haven't received them by the 40 days, try calling the Customer Relations department to make a complaint.

 

I phoned today and this seems to have shaken them into action. The number is 0845 603 7923.

 

Good luck!

S.A.R sent (RD) - 14/9/06 (no response) Reminder (RD) - 6/10/06 (no response) Phonecall to BofS chasing - 24/10/06 (no response) Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response) Phonecall to BofS complaints - 2/11/06 Received statements back to 2004 only - 14/11/06 Another phonecall to complain - 16/11/06 All statements received - 31/11/06 Claim submitted - 1/12/06 Received acknowledgements - various over January 07 Telephone call to offer full settlement - 14/2/07

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Melanie, if you haven't received them by the 40 days, try calling the Customer Relations department to make a complaint.

 

I phoned today and this seems to have shaken them into action. The number is 0845 603 7923.

 

Good luck!

 

Thanks MrShrimp! Also if they do go over the 40 days and I have reminded them, regardless of any response I may have had, this is the pdf form I will print off and send to the Information Commissioners Office....

 

http://www.ico.gov.uk/upload/documen...aints_form.pdf

 

And I'll also let the bank know that I've made a complaint.

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Just a quick update. I phoned customer service on 08458 500027 and they confirmed that have received my letter and postal order for £5 and that the status of this request says it has been "completed". :o

 

Well hopefully my statements will be waiting for me when I get home.

 

Oh I'm ever so hopefull..............

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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  • 2 months later...

Well since I've last posted, it took the bank just before Christmas to send all our statements, and in duplicate as well :rolleyes:

 

I've sent the LBA for our joint account today, but are not very hopeful that they are going to respond to it. So I've also prepared the Forms 1a and 1b ready to go, and advised the bank that I have done so and also advised them that my husband has begun action against them for his personal account. (Maybe that will make some fire underneath their a**es) :D

 

The clerk at the Sherriff Court said that the Court will be in touch in the next couple of days............ Watch this space!:cool:

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Hi, I'm MelanieGB's husband and need some advice.

 

I've lodged my forms at the Sherrif Court on 30/01/07 and received it back today (if only the banks could respond this swiftly) stating the following...

 

"Box 4 of the summons has not been completed correctly. You must either calculate the interest sought and state it as a separate crave or claim 8% annually form the date of service."

 

I completed my forms as Scotia advised in the Guidance Notes for Scottish Procedures as follows:

 

"The Pursuer claims from the Defender the sum of £740 with interest at the rate of 8% annually from the date of service for each charge, court fee and expenses for bringing the action"

 

Can someone please advise what I have to do?

 

Thanks

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I am not sure what the major issue is here Vagabond.

 

You seem to have written almost exactly what the Clerk is suggesting.

 

I would re-submit the claim simply saying "plus interest at 8% annually from the date of service together with the expenses of the action".

 

Summary Cause procedure is not intended to be difficult for the pursuer and they are not supposed to be looking for legalese. Keep it simple as above and you'll be fine.

 

(Just in case you're wondering, I am qualified to give this advice! :wink:

S.A.R sent (RD) - 14/9/06 (no response) Reminder (RD) - 6/10/06 (no response) Phonecall to BofS chasing - 24/10/06 (no response) Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response) Phonecall to BofS complaints - 2/11/06 Received statements back to 2004 only - 14/11/06 Another phonecall to complain - 16/11/06 All statements received - 31/11/06 Claim submitted - 1/12/06 Received acknowledgements - various over January 07 Telephone call to offer full settlement - 14/2/07

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Just a quick update on my husband's saga. He received a phone call on Tuesday from the bank offering him £700 (half of what he is claiming for). So he has basically told the bank very politely that he will accept it as part payment and will pursue for the rest. They have today sent a letter with the usual "full and final payment" trick. So we will be writing to them today to say as previously advised this will only be accepted as a part payment of the full amount.

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Hi,

 

My husband handed in his small claims papers at court this morning, and they have told him that he can only do one claim on the account, and that he won't be able to claim for the rest of the money that is outstanding....... If he wants to claim for the rest he is better off going down the Summary Cause route.

 

Now I know that there have been lots of people that have claimed 2 or 3 times on the same bank account, and I now wonder if my husband maybe got the wrong end of the stick.

 

Can you please confirm that he can infact claim for the second and last payment on his bank charges.

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Anybody?

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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Hi,

 

Just a quick update, my husband got another phone call today from the bank this time offering £1200. He is claiming £1600. He again said this will only be a part payment and that if he is claiming £1600 why are they not offering this amount to him. The girl then said that she will speak to her line manager and will put it all in writing to us.

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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  • 3 weeks later...
Has your husband heard anything yet?

 

Hi Marcelle,

 

Apologies for only getting back to you now. Yes my husband finally received an offer for £1600 as final settlement. But not the £39 court fee. We will not be asking them for that as we feel that we have struggled enough with them. Considering the time we will spend chasing them will probably cost us more at the end of the day.

 

Now we hopefully will hear something from the on our joint account, as this is in court at the moment with a return date of 01/05/07.

 

Melanie

Joint Account

S.A.R - 05/10/2006

Prelim - 08/01/2007

LBA - 01/02/2007

 

Husband's Account

S.A.R - 13/10/2006

Prelim - 30/11/2006

LBA - 14/12/2006

Handed in Court Papers - 30/01/2007

Court Papers returned - 06/02/2007

Court Papers resubmitted - 13/02/2007

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  • 1 month later...

Hi, I just wanted to say thank to the site for helping me to get my money back. I have made my donation as a thank you.

 

On another note. Our joint account's return date is on 1/05/2007 and we received a letter this morning as follows:

 

Date 26 April 2007

 

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

 

Your claim relates to bank charges debited to your bank account. These 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 whithout admission of liability, Bank of Scotland is willing to reimburse £600 (Mel and I were chasing for £2,090.39 incl interest and have filed a small claim for £728 + £241.31, being in Scotland) in respect of the bank charges incurred, together with £166.67 in respect of approximate interest that Bank of Scotland has calculated was charged on your account as a result of the charges. The Bank of Scotland will also reimburse £39 in respect of the Court fee. This amounts to £805.67, which will be credited to account nr XXXXX within the next 5 days.

 

The Bank of Scotland does not consider that you are entitled to the further £202.64 that you are claiming. Unless you can provide evidence (We sent our schedule to them on two occassions, asking for £2,090.39 reflecting the charges from the copy accounts that they provided us with) of this further loss the Bank of Scotland will file a defence in respect of your claim (I thought they said in their third paragraph that this will cost the bank money?)

Please note if an interest payment has been made, this constitutes 'taxable income' and any tax due on this should be dealt with between you and your local tax office.

 

Can someone please advise us what to do here. Please note that our return date is on 1 May (this Tuesday) and the hearing date on 8 May

 

Thanks in advance.

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