Fireclown v BOS

[Fireclown]

Hiya guys n gals

 

First off, thanks to everyone who contributes to these forums. There seems to be a wealth of information to sift through, and its great to here that there's a lot of positive vibes about getting back whats rightfully yours.

I'm just starting out here with all the procedures and am a little nervous to say the least. I have a couple of queries if someone could offer a little help.

My total bank charges amount to £1,726 excl. interest and I understand that the Summary Cause route would allow me to claim up to £1,500. In my initial letter politely requesting that my bank charges be refunded, should I state that I am claiming for £1,726 or should I state that I am claiming £1500?

If anyone could point me to some info on the Summary Cause action i'd be very grateful.

 

Best Regards and luck to everyone out there, and i'll be listening out for all your stories

 

Fireclown

[Fireclown]

Actually.. in reply to myself, I've just found a whole load of Info on the Summary Cause procedure in the faq's but i'm still a little confused over the initial preliminary letter....

 

The template which I found includes...

 

"What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter."

 

..... however, much of what I've read suggests that I should not include mention of the added 8% interest.

 

Should I fill in the above blanks with the total amount of charges (£1,726 plus interest) or should I just tot up the earliest charges to a maximum limit of £1,500? Or should the figure be £1,500 plus interest?

 

I'd be real grateful of any advice I can get.

 

All the best

 

[angeljen]

Firstly, you can split your case into two separate cases. Instead of claiming 1726, make two claims, each for 863 (or roundabouts). Split the two claims into, for example, 2000-2003 and 2004-2006. Then these can both be dealt with in the Small Claims Court. Secondly, the interest, now, I'm not 100% sure myself, but I've added the interest on all of my claims, and I don't think it really makes any difference. The fact is, the bank will do almost anything to avoid court. There is a very small chance it will end up in court. I'm just aiming to get the charges back (along with my court costs, of course). I wouldn't aim for much more as there's little chance of it getting to court for the 8% Interest (of County Courts Act). As I say, I'm not 100% sure of this, but I hope I've helped.

 

Jen

[Fireclown]

Cheers for the info Jen

 

Im going to send off my letter today

 

Fireclown

[stevokenevo]

When you send off your prelim letter and L.B.A, send them asking for the full amount!! just in case by some small miracle they actually refund them before the court stage. When it comes to court stage, then split the claims, usually the oldest charges first. remember not to issue the claims at the same time, you would run the risk of them being bumped together as one, then you would be liable for costs etc ;-)

 

All the Best

 

S

[stevokenevo]

I'm just aiming to get the charges back (along with my court costs, of course). I wouldn't aim for much more as there's little chance of it getting to court for the 8% Interest (of County Courts Act).

 

When it come to the court stage, use the simple excel speadsheet which calculates the 8% interest on each charge. all you do is put in the amount and the day they took it from your bank. after starting the 'court' ball rolling you don't accept any settlement without this being included and you WILL get it.

 

all the way to the bank

[Fireclown]

Cheers stevokenevo!

 

I have been procrastinating over this for too long now... but now thanks to your good self and Angeljen, Im confident that I know what Im doing now.

Going to write me a letter and post it off today

Will keep all informed as to the progress, and will hang about and try to help others that may be in the same position as me.

 

Best Regards

 

Fireclown

[Fireclown]

quote "When you send off your prelim letter and L.B.A, send them asking for the full amount!!"

 

Sorry, but still a little confused here stevokenevo....

When you say ask for the full amount, should that include the interest too?

 

Many thanks

 

Fireclown

[stevokenevo]

No, do not include the interest, the full amount is the sum of the charges you are reclaiming ;-)

 

Hope that clears it up!

 

S

[Fireclown]

Brilliant

 

Cheers Stevokenevo