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JMio vs Bank of Scotland - Current Account **SETTLED**


JMio
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I've got 2 accounts with the Bank of Scotland, 1 x Current & 1 x EasyCash.

 

To avoid confusion, I'll create a thread for each account, so that I can keep tabs on how things progress.

 

CURRENT ACCOUNT:

 

8th March - DPA Letter Sent

 

7th March - Batch of copy statements arrive, totalled up all Excess Overdraft & Account Maintenance Charges - total of £895.

 

Entered all details into Interest Calculater & the total was £1208.22

 

Preparing 1st Claim letter but (sorry to be a dufus but I couldn't see this in the FAQ's) do I put in my claim for the Interest now or do I have to wait until it gets to Court 1st.?

 

Also, with the amount being over the £750 limit set in Scotland, do I still claim the full amount (be it £895 / £1208.22 initially) when I write to them, or just the £750.?

 

** Thank you ** Thank you ** Thank you ** for all / any help you can and already have given me - getting one back on the banks means so much to me & I can't tell you how much I appreciate your help!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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My Apologies - I've just re-read the FAQ's section - I AM officially a dufus!

 

"If you have to issue a court claim, the spreadsheet will also calculate interest at 8% as allowed by s.64 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim."

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Ok - my only question in that case is whether I can:

 

Intially request them to refund the full amount of £895, and then proceed with Court action for a £750 claim and a £145 claim later if they refuse, OR

 

Will I have to request they refund the 1st £750, take this as far as necessary (eg Courts etc), before doing the same for the remaining £145.?

 

Thanks again

 

James

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Ok - my only question in that case is whether I can:

 

Intially request them to refund the full amount of £895, and then proceed with Court action for a £750 claim and a £145 claim later if they refuse, OR

 

Will I have to request they refund the 1st £750, take this as far as necessary (eg Courts etc), before doing the same for the remaining £145.?

 

Thanks again

 

James

 

That is how I am dealing with mine. My total is over £2000, but my first approach to the bank (BoS) is for repayment of £740 charges. Once this is settled, however far along the claims procedure I have to go, I will be repeating the procedure for £747, then £740 and finally £533. These figures do not include the 8% interest, that only gets added if you have to make claim.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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The Maintenance Charges were applied at the end of any month that I was charged for exceeding my overdraft limit, they were £15 a time. I only ever got them whenever I exceeded my overdraft, in addition to the £20 charge per transaction that exceeded my limit.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Guest BlueRuby

I've claimed for maintenance and referral charges. I also remember some years ago the bank told me they capped referral charges at £60 a month! How generous.

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Letter 2 sent from the Library on Monday, registered 1st class delivery, to claim back the £895 in charges.

 

If they dispute this my plan is to go to court for the initial £750, then go back for the remaining £145 later.

 

Thanks again for everyone's help

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Reply from BOS this arrived this morning, nothing exciting though - just a pretty standard reponse:

 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --

 

Dear Mr JMio,

 

CHARGES ON YOUR ACCOUNT

 

I have received your letter dates 10th April 1006 regarding charges of £895.00 made to your account between February 2000 and April 2003.

 

I have asked my Customer Relations team to deal with the complaint, and they will contact you soon to advise how we intend to deal with your complaint. In the meantime, you can ontact them on 0845 850 1368 or myself on the above number.

 

You will find enclosed a copy of our leaflet which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but if you need to speak to me in the meantime, please telephone me on 01387 227051.

 

Yours sincerely

 

Stuart McLaren

Banking Advisor

 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Your concerns will be dealt with as quickly as possible, but if you need to speak to me in the meantime, please telephone me on 01387 227051.

 

Yours sincerely

 

Stuart McLaren

Banking Advisor

 

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --

Is that the Dumfries Branch (01387)?

If so, I'll be watching how your claim goes (Dumfries is my Branch).

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Hi, yes it is Dumfries branch...

 

Their 1st deadline runs out next week, looking forward to their reply!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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. Post deleted by JMio

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Letter from BOS arrived yesterday morning:

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

 

Dear Mr JMio,

 

Thank you for your letter dated 10th April 2006 in relation to the charges applied to your account for the period 22nd February 2000 to 15th April 2003 inclusive.

 

I am sure you will appreciate that like other organisations we incur costs for every transaction made. When we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the shortfall invloved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all our other customers as a result.

 

We clearly outline our charging policy in the terms and conditions that apply to your account. In addition, we are committed to complying with the Banking Code, which sets standards of good banking practice for banks and building societies to follow with dealing with personal customers. The terms and conditions of your account state that you must have funds in your account to cover your transactions. We cannot be help responsible if you have authorised payments against funds that were not available.

 

We are keen to help you avoid any unnecessary charges by providing various ways to keep track of your account. You can do this via telephone banking on 0845720 30 40, online banking (http://www.bankofscotland.co.uk) or mini statements at cash machines. You can also contact one of our banking advisors at any of our branches.

 

Ultimately it is your responsibility to manage your account. However, as a gesture of goodwill I am prepared to refund £110 of charges in full and final settlement of your complaint. I note from our records that charges totalling £120 have already been refunded during the aforementioned period. I must stress that future valid charges will stand and we reserve the right to close your account if you do not manage it correctly. If you are prepared to accept my offer, please sign and return the enclosed acceptance form in the pre-paid envelope.

 

You recently received a copy of our leaflet explaining our complaints procedures. Should any of your concerns remain unresloved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for help. If I don't hear from you in the next eight weeks I will assume you are happy.

 

If you would like to discuss your concerns, please contact me on 01422 333465.

 

Yours sincerley

 

Paul R Chapple

Senior Customer Relations Manager

 

Enc

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Phoned to speak to Paul Chapple, spoke to a guy called Malcolm Berry who'd never heard of him!

 

Told him that I would accept the 'goodwill' gesture of £110, but I would still be looking to pursue refunding of the remaining £785, and under no circumstance would I be signing the Full & Final Settlement form either.

 

Malcom asked me to confirm this in writing and the matter could then be escalated.

 

All I'll be doing next is sending in my Letter Before Action again, giving a further 14 days notice before starting Court Action.

 

Just to clarify, the total amount is £895, which is what I have originally requested. My 1st claim (as I live in Scotland) will be for the 1st £700, then I'll be going back for the remaining £195 (all being well!) later.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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LBA Sent this morning.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

LBA Deadline looming... (tomorrow!) and no word back from the BOS yet.

 

Gulp.!!

 

1st Claim of £700 getting filed on Monday so it would seem!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Yes it'll be at Dumfries Court - this is the 1st time I've ever done anything of this nature too!

 

I'll let you you know how I get on - just as a pointer, Scotia's notes on here have been particularly handy...

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I agree, Scotia's notes were very useful. I filed my claim against BOS yesterday at Aberdeen Sherriff court. Will be a good practice run for the other three that are to follow.

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Scottish Small Claims Court forms 1a & 1b completed (pretty much carbon copy of Scotia's notes).

 

Taking them down to the Court this afternoon. Btw - my claim is from February 2000 to November 2001 (ie partially outwith 5 years) so I'll see how this goes & let you know...

 

Gulp!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Phoned to speak to Paul Chapple, spoke to a guy called Malcolm Berry who'd never heard of him!

 

Told him that I would accept the 'goodwill' gesture of £110, but I would still be looking to pursue refunding of the remaining £785, and under no circumstance would I be signing the Full & Final Settlement form either.

 

Malcom asked me to confirm this in writing and the matter could then be escalated.

 

All I'll be doing next is sending in my Letter Before Action again, giving a further 14 days notice before starting Court Action.

 

Just to clarify, the total amount is £895, which is what I have originally requested. My 1st claim (as I live in Scotland) will be for the 1st £700, then I'll be going back for the remaining £195 (all being well!) later.

 

I used that number and also spoke to Malcolm. He seems quite aware of the situation and offered me a fax number for quicker responses.

Bank of Scotland - £4000+ returned. Scottish resident, scottish accounts, but it's Halifax Bank of Scotland now, so took 'em to court in Halifax. One small claims, one defence filed, one refund of all charges + interest! Done and dusted.

Next - Capital One :D

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Not much of an update - I realised at the last minute that my spreadsheet of charges didn't have the descriptions (e.g. Exceeded Overdraft Fee etc) on it, just the amounts & dates, so I'll be amending that tonight before taking them into the Court on Friday.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

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