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

[ThulsaDoom]

Good luck.

[JMio]

Wow, that was simple enough.!!

 

Amended my list of charges and dates, printed them off & stapled them to my claim forms. Toddled off to the Court, paid my £39.00 fee & was advised to contact the Court any time after the 13th of July to find out whether the Bank are going to contest my claim.

 

Easy - so so simple and not even remotely daunting.!!

 

This was Dumfries Court by the way.

 

Roll on the 13th July.!!

[ThulsaDoom]

Quick question about form1.

Part 4 is: Claim (form of decree or other order sought).

My first claim is for £605 (excl interest).

Do I say it as follows :

'The Pursuer claims from the defender the sum of £605 with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expense of bringing action)'?

Interest is currently £213.

Do I not need to add the £39 fee anywhere i.e. do I automatically get that back?

Or should I add it to the £605?

[JMio]

I spoke to the folks at the Court and they told me to leave the £39 fee out of it, you're able to get that after the hearing apparently.

 

If you're putting this though the Dumfries Court, give them a wee buzz - they were pretty helpful for me.

[ThulsaDoom]

tks, I'll do that.

I forgot to also ask, did you put in the amount of interest owed on the form as part of the total due?

[JMio]

No, I just put the claim of £700, plus interest at 8%, didn't put a total or anything.

 

There's a template by Scotia in the Scotland forum which I used (almost word for word!) which you might find useful.

[JMio]

Letter arrived from HBOS' Legal Services department this morning:

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

 

Yourself -v- The Governor and Company of the Bank of Scotland (sued as "Seb Coyle")

 

Summons No. SA283/06

 

Dear Mr JMio,

 

I have received and have been dealing with the proceedings which you have issued against the Governer and Company of the Bank of Scotland (the Bank") in the Dumfries Sheriff Court.

 

Your claim relates to bank charges debited to your current 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.

 

On a purely commercial basis, it will cost the Bank money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that the Bank 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, the Bank is willing to reimburse £520 in respect of the bank charges incurred. The Bank will also reimburse £39 in respect of the Court fee. This amounts to £559. the Bank does not consider that you are entitles to the further £180 that you are claiming. Unless you can provide eividence of this further loss the Bank will file a defence in respect of this part of your claim.

 

Please confirm, within 7 days, that you are willing to settle your claim under these terms. Upon receipt of your agreement, I will arrange for £559 to be refunded to your account.

 

Ultimately it is your responsibility to manage your account. If you incur any future charges the Bank reserves the right to withdraw your banking facilities; full details are explained in the terms and conditions of the account.

 

Yours sincerely

 

Rachel Hinchliffe

Litigation Solicitor

Legal Service

 

--- --- ---

 

Gave her a call to query where the figure of £520 came from (I've got a sneaky feeling that it will be the total of my initial claim of £700, of which several charges fall outside the 5 year limit in Scotland, thought it was worth a try!).

 

I've emailed her an amended copy of my spreadsheet with all the charges on it, and asked about the reclaiming of the 8% interest costs, which would be awarded at Court if I won.

 

My email:

 

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

 

Rachel,

 

As discussed please find attached an excel spreadhseet containing a list of

all charges applied to my Bank of Scotland Current Account since 2001.

 

Further to our discussion, I apologise but I had been referring to an

incorrect version of this spreadsheet, however I believe the details held in

this version to be correct.

 

The total amount of charges applied to my account since 2001 was in fact

£815.00

 

As I am certain that you are aware, in order for an agreement to be reached

before Court, I would also be looking for a refund of the Court fee of £39,

and I would welcome your comments regarding the applicatino of interest on

all charges since the date they were applied, which would also be awarded

should the case be successful in court.

 

Yours faithfully

 

James

[JMio]

Yeeeeeeeeaaas!!!

 

3 Down!!

 

Rachel Hinchliffe just called me, they're going to refund ALL charges in my claim rfom 2001 (NOT the older ones though, which I wasn't expecting but thought it was worth a try).

 

PLUS the £39 Court Fee

 

PLUS the 8% Interest on the charges.

 

Total: £622.27

 

That, my friends, is along the lines of what I'd call a RESULT!!! :grin:

 

Even better, there's still a remaining £195 of charges that I'm going to be claiming for, and Rachel actually advised me that she'd "speak to a colleague to see if an arrangement could be made regarding these charges, but she most probably reckoned that I'd need to file a second claim to get those back"

 

She also said (I WISH this had been recorded - I know I know but it was her that called me & I wasn't prepared, sorry!!!):

 

"All that's happening is that when a claim comes in, and the Bank are basically forced into making the decision of whether to defend, admit defeat or try & settle out of court, then it's not commercially viable to do anything other than settle out of court due to not being able to recover costs from Small Claims cases."

 

There you go people! If you were in any doubt as to whether this system would work, there's your answer straight from the lips of one of the Bank of Scotland's solicitors (who, for her credit seemed like a very decent lass).

[visagephoto]

the Bank is willing to reimburse £520 in respect of the bank charges incurred. The Bank will also reimburse £39 in respect of the Court fee. This amounts to £559. the Bank does not consider that you are entitles to the further £180 that you are claiming. Unless you can provide eividence of this further loss the Bank will file a defence in respect of this part of your claim.

So she is saying the bank are not willing to defend a claim for £599. because they can't recover court costs, but they are willing to defend a claim for the smaller sum of £180. because they feel you're not entitled to that amount. Speaks for itself, does it not?

[JMio]

Exactly.!!

 

[ThulsaDoom]

Congrats.

I'm going to the Sheriffs office tomorrow with my 2 forms. Hopefully as I'm dealing with the same bank I'll get the same result

[Mairi]

hi JMio

Congratulations

I've been following your thread with interest, I filed a claim on this mob too. Been jumping when the phone rings and beating off the dog to get to the mail before he does. Maybe I'll relax a bit now.

Mairi

[JMio]

Congrats.

I'm going to the Sheriffs office tomorrow with my 2 forms. Hopefully as I'm dealing with the same bank I'll get the same result

 

Might even see you there - I'm going in with my forms against Capital One!

 

Good luck, they'll pay out mate, don't you worry about that.

[StuW]

Checked my account today, theres been a credit paid in of £202.27 - quite a bit short of what is due.

 

Typically it's after 5 now and noones answering he phones.

 

--EDIT-- Wrong Login!! Entered by JMIo

[JMio]

Refund of £627.27 paid into my account today.!

 

Have emailed Rachel hinchliffe to confirm exactly which charges were refunded, and will be looking to submit a 2nd claim for the rest.

 

Result!! Will arrange donation as soon as I can get the funds into my PayPal account (Mods - I'd be happy enough to send a chq if it's any easier?)

[JMio]

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