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vs BOS - Help please! **WON**


Setrice
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Hello everyone,

 

Thought it was time I made my first post - the story so far.............

 

Prelim approach sent 4/09/2006. Usual reply - 'sorry you are unhappy, we'll get back to you in 5 days' - they never did.

 

LBA sent 25/09/2006. Collected small claims forms from sheriff court but could do with some advise to the following.................

 

Q1 - Bank a/c in joint names with wife. She has signed all letters so far to the bank so must it be joint names for court forms?

 

Q2 - Been asking bank in letters for repayment of 6 years worth of charges. Have now realised its only 5 years (scottish law). Will amend court papers accordingly but could this let bank 'off' on a technicality?

 

Q3 - Maximum small claim in scottish court = £750 (which means I've got to do this more than once). My problem is this - do I send details from previous letters up to value of £750 and then allow court interest (8%) to break this maximum value or do I have to ensure value is low enough under £750 to allow me to gain court interest?

 

Q4 - Could someone help me to correctly script 'details of claim' on page 2 of sheriff court forms?

 

Come this far - getting a little nervous so I don't want to mess it all up now!

Any help would be very much appreciated.

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Hi Setrice,

 

Not sure about Q1. Q2 just go back the 5 years. Bank will not be let off!

Q3 claim for the full 750. interest and your court fee are extra.

I'll get back to you on the wording issue.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Q4. Go to 'Forums'----Guidance Notes---Scottish Procedure.

 

Hope this helps.

They just payed my claim in full, so you will get your money.

  • Confused 1
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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you could bring the case in England, as HBos have a HQ in England. but if it goes to court then you'll have to go to England.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Thanks for your help maroondevo52. Went to sheriff court on 11/10/06 and handed in papers. Was complimented on how well they were scripted.

 

On the same day, received letter from bank saying they were 'sorry' they hadn't got back to me but they promised they would 'respond to my complaint no later than 3rd November'...... ? A bit late I think.

 

Received letter from court today - Return date - 14/11/2006, Hearing date 21/11/2006. I wonder how long it takes the bank to respond to that?

 

I await with baited breath.............

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Setrice,

 

They got back to me on the day before the return date with full settlement plus interest plus £39 court fee.

 

Best wishes.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Got a letter from bank a couple of days ago offering me £708.00 as full and final settlement to my complaint. But this is from their complaints dept. as an offer for my total complaint and not the part claim which is currently at sheriff court. Obviously I won't accept but should I :

a.) Sent them letter refusing offer, or

b.) Ignore letter as it is beyond 14 days of LBA.

 

More importantly should I inform sheriff court of offer. I'm not sure because it is not a response to court claim, it's a well overdue response to the total claim!

 

At least it looks like I'm on the slow road to victory......

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  • 3 weeks later...

Received letter from bank today paying my sheriff court claim in full.

Naturally the letter contained the usual rubbish of how they accept no liability and the cost of meeting me in court wouldn't be worth their effort.

Said they would put money in my bank within 5 days - so I checked and its already in there. HAPPY DAYS!!!!!!

 

I go to sheriff court tomorrow to hand in my claim for the second installment - a nice Xmas bonus..

 

Advice to everyone out there doubting.......keep going - you will get your money back!:D :D :D :D

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