Murph against bos Credit Cards Help Please

[pict]

My first action against the banks is about ready for posting. The story so far.......

 

Posted Charges Request against BOS Credit Cards 05/09/06.

Recieved statements of charges 20/10/06.

Charges period 17/06/02 to 22/08/06 total charges = £462.00.

 

Sorry if any of the following questions are dumb but I want to make sure that I follow the right proceedures.

Should I claim this total plus the 8% interest set up on the simple spreadsheet or keep it to the charges only.

Is the Request refund doc letter the correct one to use for the first request of a refund or is there one for credit card charges as the only one I found is for the second and final letter before court action.

Look fordward to your help.

[hagenuk]

Hello and Welcome.

 

In the first instance you should claim the charges only, the 8% interest is only applied once you actually file a court claim.

 

The first letter you refer to is called the Prelim letter and can be found here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html

 

Or you may wish to use this one.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Both can be found in the Templates Library, which is here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[pict]

Thanks for the quick responce. I've got this letter set up so I'll be joining the charges rebellion soon.

[pict]

Started Claim 30 October 2006 against BOS card sevices for £462 without interest. I will keep you posted on the progress thanks for your assistance.

[pict]

Sorry i haven't updated this for a while

The story so far is

 

Posted SAR…………………………………..5th September

Letter Received ……………………………...28th September

Stating they would Investigate and respond within 4 weeks.

Received Statements…………………………18th October

Request for repayment of charges £462.00….25th October

Reply Received…………………....................2nd November

Standard charges are fair response

Letter Before Action Posted………………….27th November

Reply Received ………………………………......29th November

 

Standard charges are fair response (Agian!!!)I am now starting to organise my self to start court claim on Monday 11th December

Does anyone have any advice on the interest I should apply.

 

At the start of the CC the Interest was 13.9 pa at the end it was 20.65 pa

[pict]

I have just filled out my claim form for the sheriff court and would like some assistance from you all on the wording of two of the sections.

Claim form Decree........

The Pursuer claims from the defender the sum of £462.00 with the interest on that sum at the rate of 8% from the date of the service for each charge (together with the expenses of bringing the action)

 

Details of Claim

The Claimant, xxx xxxx has held a Credit Card with the defendant since on or before xx/xx/xx the account number being 0000 0000 0000 0000. The defendant has deducted from the account various amounts of money in penalty charges during the period 17/06/2002 to 22/08/06. These were in respect of Late Payments, Over Limit, Unpaid Direct Debits and one Returned cheque.

The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of the money. The defender has refused payment of the monies due.( Copies of the correspondence can be provided)

No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will content these charges are unenforceable at law, being penalty charges designed to penalize the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the defendant as a result of the breach.

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimant’s account in the period from 17/06/2002 to 22/08/06. The sums are detailed in the attached schedule.

The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

The Defender has a branch in xxxxxxxxx therefore it is under the jurisdiction of thiscourt.

Any view on the above would be greatly appreciated

[bill-k]

Hi Pict, I got your PM. Thanks for asking me to to take a look. I'm not sure I'm the best guy for this, though. I'm no expert at the English POC's, but the Scottish ones really need checking by a Scottish claims guy. They look OK to me, but you really need to get the OK from someone like RobertXC, if you can.

 

I'm more of a spreadsheet critter masel' so I would suggest a coupla things here. I am currently claiming from HBOS for a BoS account, but I am claimingthrough their Halifax office, and using the English court system, as I'm more familiar with it. I am using the POC's which claim "in the alternative" for the lower rates of interest. This way, the claim is initially for the max. conractual rate, but has a "safety net" fallback of (a) the lower rate, and (b) the Statutory rate. I would seriously suggest you check that before submitting your claim as it is. Remember - you can't go back for the rest later !!

 

Hope that helps, mate.

 

Bill.

 

Or - "Yoor Wullie !!!"

[Robertxc]

The POC is incorrect. As it stands at the moment, your interest will only accrue from the date of service - that is, the date your summons reaches the bank.

 

What you need to do is calculate the interest for each charge, and then include the new figure in your claim. So, if your claim is for £462 without interest, then it might become something like £600 with interest. This is the sum you will be claiming. The 8% from the date of service is added to the whole amount while the claim is going through the court - and in actual fact you probably won't get that part. (it won't amount to very much anyway).

[bill-k]

There ya go Pict !! Thanks Robert. You might find it a good idea to read up on a few claims in the Scottish claims section. That should give you a better idea of what's what I reckon.

[pict]

Cheers Robertxc Is this better;

Claim form Decree........

The Pursuer claims from the defender the sum of £533.32( £462 in charges with 8% interest per S.69 County Courts Act 1984 of 8% applied as shown in the attached spreadsheet)and the interest on that sum at the rate of 8% from the date of the service for each charge (together with the expenses of bringing the action)

[Robertxc]

Cheers Robertxc Is this better;

Claim form Decree........

The Pursuer claims from the defender the sum of £533.32( £462 in charges with 8% interest per S.69 County Courts Act 1984 of 8% applied as shown in the attached spreadsheet)and the interest on that sum at the rate of 8% from the date of the service for each charge (together with the expenses of bringing the action)

County Courts Act 1984??? Are you claiming in England or scotland? If Scotland, try this:

 

The Pursuer claims from the defender the sum of £533.32, plus interest on that sum at the rate of 8% from the date of the service, together with the expenses of bringing the action

 

[pict]

Cheers Robertxc look like I'm trying to make things more complicated than they need to be.

[pict]

Thanks bill-k for your help. The difference between Scotland and England does get a bit confusing but I'll get there in the end and hopefully get some money back.

[bill-k]

[pict]

Started court claim today. Filed form 1b small claims action. I found the clerks very helpful in checking the forms and answering any questions that I had regarding expenses etc..They even explained the next stages to put me at ease. I will keep you posted on any progress:-)