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    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
    • Hello all, just got this from my bank today.   ” Update on your payment refund As you know we temporarily refunded the amount(s) of £381.98 to your account pending investigation. We’re pleased to confirm that an additional amount of £359.99 has also been refunded to your account by the retailer on 18th March 2024. What will happen next To correct this situation, arrangements will be made on 6th June 2024 to reverse the original refund supplied from us.  Our file in respect of this matter will now be closed, which we trust is satisfactory.”   Not sure what to do as I was previously told if I hear nothing back after a certain date that would be the case closed now it’s been changed to the 6th of June. and as you see I’m not getting a full refund I don’t know wether to contact them again and try to get the £20, or if I even can at this point? Thanks again.   
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Confused - what action do i take now? V BOS


xxCazxx
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Hi all

 

I need some advice as to what my next step is....:confused:

 

1. I recieved my last 6 year statements

2. I sent the letter to ask for my refund for a total of £1725

3. I recieved a phonecall from BOS offering £716, i said NO - they sent a letter out 24/10/06 with the offer and said if im not happy then to contact the Financial Ombudsman..

 

has anyone else contaced the Financial Ombudsnan??... what are the chances of him over-turning what the bank have offered?

 

do i send away my complaint to the Financial Ombudsman or do i now send a letter saying im taking them to court?(and hope they then offer my full amount!):confused:

 

Any help/advice would be great...

 

Thanks

Caz

:-)

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Hi all

 

I need some advice as to what my next step is....:confused:

 

1. I recieved my last 6 year statements

2. I sent the letter to ask for my refund for a total of £1725

3. I recieved a phonecall from BOS offering £716, i said NO - they sent a letter out 24/10/06 with the offer and said if im not happy then to contact the Financial Ombudsman..

 

has anyone else contaced the Financial Ombudsnan??... what are the chances of him over-turning what the bank have offered?

 

do i send away my complaint to the Financial Ombudsman or do i now send a letter saying im taking them to court?(and hope they then offer my full amount!):confused:

 

Any help/advice would be great...

 

Thanks

Caz

:-)

 

Hi a read of the faqs would avoid these qestions.;) You next step is to send the LBA. Read the faqs and step by step instructions both linked in my sig block.

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if 14 days has passed since your last letter send letter before action and If they dont settle in full then issue mcol.Don,t bother with letter to FO he,s a toothless Tiger at best(in my opinion):lol:

This is MY oppinion for what it worth

BARCLAYS BANK LBA 23/10/05 £2,626.67:)MCOL ISSUED 11/11/05

LOMBARD DIRECT LBA + Default removal 25/10/06 £290.50 :grin: Received settlement but they won,t remove default

BARCLAYCARD LFB 10/9/06 £320.00 :cool:

AKTIV KAPITAL LBA DEFAULT REMOVAL letter sent 22/9/06 + 23/10/06 and as yet have had no reply (sent letter to all 3 CRA re-there none compliance):confused:

 

"divant worry aboot what ya owe let them woory that want,s it off ya"

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Absolutely - the FO is a waste of space, follow the procedures outlined here and you won;t go far wrong. The fact they've made the initial 50% offer means with almost certainlty they'll settle if it goes to court.

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if 14 days has passed since your last letter send letter before action and If they dont settle in full then issue mcol.Don,t bother with letter to FO he,s a toothless Tiger at best(in my opinion):lol:

 

 

Please be aware that if the bank replies within the 14 days with a "not a chance letter" you do not have to wait the full 14 days before sending the LBA.

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  • 1 month later...

Hi

 

I sent the LBA away 3/11/06 and not heard anything back .

 

I am in the process of filling out the court papers for the summary cause (ive near enough copied Scotia's template and added a few other bits from others)

 

my questions now are:

 

1) On the court paper what bank address do i put? my first letter i sent to my local branch who forwarded it to Customer Relations in Dunfermline, and it is them who have wrote back and forth with me - i sent my LBA to them - so do i put the Dunfermline address on the court papers but take them to my local court to be actioned? or because i am taking them to my local court do i then need to put my local branch as the "person who action is raised against" ?? im so confused as you can tell:confused:

 

 

2) i know that small claims is £750 limit and summary is £1500 ( i am claiming (£1715) so im going to do 1 summary then 1 small claims - my question is on the summary court papers is it £1500 that i claim then court costs and interest is added to that amount so in the hope that i do win i will infact get more than the £1500 - i have read various posts but some say the WHOLE pay out has to be £1500 and other posts say you can claim the £1500 plus your interest and court cost?!! can anyone advise which is correct??

 

 

Any advice will be gratefull!

:)

Caz

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1) You raise it against the Registered Office of the bank - which is at The Mound in Edinburgh. If you serve on any other address it can be successfully challenged.

2) You have to think carefully about splitting. If the case goes to court, then you can bet your boots any settlement will preclude you from raising any other action, as it will be viewed by the court as an abuse of process. For for the Summary Cause maximum, plus costs and expenses and you will be safe enough.

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1) You raise it against the Registered Office of the bank - which is at The Mound in Edinburgh. If you serve on any other address it can be successfully challenged.

2) You have to think carefully about splitting. If the case goes to court, then you can bet your boots any settlement will preclude you from raising any other action, as it will be viewed by the court as an abuse of process. For for the Summary Cause maximum, plus costs and expenses and you will be safe enough.

 

 

Thanks Buzby - think i will just stick with the 1 summary claim and not bother with the small claim of £215

 

Caz

:)

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  • 1 month later...

hi everyone

 

Happy new year to you all & all the best for 2007!

 

My update:

 

submitted my forms to the court - have got date of 29/1/07..

Sheriff Officer delivered the papers to the BOS,Edinburgh on the 29th December.... So now its the waiting game!!

 

Does anyone know what the "norm" is for BOS will they refund quickly? or wait till day before court and offer refund.. or do they go to court?!! im getting really nervous now thinking i may end up at court!!!

 

Many thanks

Caz

x

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Hi, with my first claim against BOS they phoned me on my return date to ask if I had received their offer of full payment in the post. I said I had that very morning. I forgot to add my court fee and interest so phoned them and they put both into my account within days.

 

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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  • 2 weeks later...

Great News!!

 

The calling date for my case was is the 21st January which is this Sunday.. checked my bank account this afternoon and the bank have paid in my money plus the interest plus my court fees!!! whooo hoooo....

 

Over the moon.. now i have to contact the court to say i have settled and no need for the hearing date of the 29th January!! so happy..

 

I have been phoning everyone i know, to let them know how sucessfull i have been and to encourage them to claim back their charges!!!

 

£1900 is what i was paid back today!!!

 

Thank you to everyone who answered by queries... if anyone has any questions i will do my best to help...

 

Good Luck All

 

Caz

xx

:D

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Congrats Caz, great feeling when you get there isnt it.

 

 

yeah!! cant believe how "easy" it was... when i was first offered the goodwill gesture of £716 was thinking of taking the easy way out.. really did not fancy court.. but today im so glad i steamed ahead to claim all money back and interest is only a bonus!!!

 

When you take on such a large company and win, gives you such a great sense of achievment - anything is possible!!

 

Caz

x

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Well done Caz ! Great to hear. Spend it wisely?

 

 

Regards.

 

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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Can anyone tell me if there is a standard letter that i have to send tothe court to say that the bank have settled out of court. Or can i just type up a letter saying just that " no longer need to go ahead with case, as defender has paid all costs owing to me?"

 

Court date is 29th, so need to send a letter to courts asap!!

 

Thanks

 

Caz

x

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Hi Caz,

 

Think I just telephoned the court and told them the Bank had settled.

You should give them a ring asap and they will tell you the score.

 

Regards.

 

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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I'd also write - as phone calls can be problematical if they're not acted upon. A quick note quoting the case number. You are asking for your action to be 'Discontinued', and explain that you have reached a settlement.

 

Do NOT do this until you have received all money due and it is safely in your hands, and you cannot raise the same action again.

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  • 2 weeks later...

Hi all

 

Quick Question - My brother is now claiming back his bank charges.

 

When you claim back your charges on your credit card is it exactly the same wording you use? ie can he copy the claim he is sending to the court for his bank charges for his credit card ? ( do you have to mention other Acts or is it the same CCR (1999) and UCTA 1977.

 

 

 

thanks

Caz

x

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