Thulsa vs Halifax

[ThulsaDoom]

Will be sending initial letter to BOS on 17th, should get there 18th or 19th.

Asking for £2943 back so fingers crossed.

My hopes have been raised as another member got alot of £ back from Halifax.

 

I live in Scotland so would I be better to claim all back in one claim or go through multiple smaller claims?

 

Me a dumbass, should have posted this in the RBOS/BOS section!

 

 

MOD NOTE: NO WORRIES POST MOVED, AND TITLE DULY AMENDED

[scotia]

I am in the same boat as you m8.....i am in Scotland......and am claiming a little over £2000 now......my first claim for 721 plus 39 court fee plus interest is due next wednesday....then once this is done i will chuck in another ...and so on.....

[ThulsaDoom]

k, so you are claiming back £750 each time.

Do you get charged £39 each court fee, and is it paid back if you win?

 

Also, how did you word your initial letter? Did you ask for £2000 back directly or did you ask for £750 only?

[scotia]

Yeah £39 each claim up to £750 claim......but you put it on your claim details that you are claiming it....ie

 

claiming £721.55 plus 8 % interest as allowed by county court act, plus fees

 

All my letters have been for full amount (started at £1968....now over £2000 with latest charges....

The only letter which i made different was Letter Before Action...which stated full amount, then i explained that due to being under Scottish law and to keep the claim to the small claims court, i would be entering 3 seperate claims (not at the same time otherwise they can ask for them to be lumped together ie....once 1st claim is passed, then i will enter 2nd claim etc)

I am still awaiting reply to LBA...but i am prepared for them to query the 3 claims....and my defence would be that since the charges occurred over 60 seperate instances, i can put in 60 seperate claim if necessary, however i am choosing to lump these together into set periods...ie 1st claim is for March 2001 to August 2002....next claim will be for Sept 2002 to etc...

 

Hope this helps

[ThulsaDoom]

Tks for the ifo, I wasn't sure if my first letter should state full amount or not.

Seems like the first letter should.

 

My subsequent LBA (likely to get that far) will then explain, as you say, that there will be multipe £750 claims totalling up to the full amount (including interest).

[scotia]

Remember....don't put all the claims in at one time, otherwise the bank could ask the court for them to be 'lumped' together, which would take it out of the small claims, which means you could be liable for costs etc....

 

However, all you have to say is that ...strictly speaking....you could put in each seperate charge as a single claim.......

[ThulsaDoom]

Need a few questions answered, claiming back £3000 (in Scotland):

1. If I claim 4 times, £750 each time, this will cost 4*£39 (£158).

No way of getting the bank to pay this if I win?

 

2. Is it an absolite certainty that in Scotland I can only claim back for 5yrs instead of 6 as in England?

[ThulsaDoom]

Got letter from BOS saying "due to the naturs of my complaint, they have passed it onto their Customer Complaints department".

 

This was after y Preliminary Approach for Payment letter.

 

I'll wait for the 14day deadline to pass then, if I hear nothing more from them, I'll issue the LBA.

[ally_bally]

Hi Scotia

 

Was wondering how your claim was going - think I am up to about £5000 from the bank of Scotland. I live in England but my account is held in Scotland so have been reliably informed I must claim through the Scottish Courts System. A lawyer friend of mine (albeit in English law) recently told me that putting in multiple claims to keep below the £750 limit would be an abuse of process?! Have you heard anything to that effect?

 

Thanks

 

X

[unspec]

I also live in England but my account is in Scotland.

 

I intend just to go straight through to a local County Court, after all do they really want me taking several days off work + travel expense to attend a Court in Scotland?

 

Fine by me.

[scotia]

there is no problem with putting in multiple claims, as long as you dont put them in all at once, otherwise the bank could ask for them to be heard as one case, which would take it out of the small claims court......i m on my first of 3 claims, and each fee (£39) will be added to claim, so that i get it back...

 

'abuse of process' ?? if i wanted, i could put in a claim for each seperate charge.....but i am trying to minimise losses by lumping them together, so if the bank want to play funny buggers then so could we......

 

and yes...its 5 years for the statute of limitations in scotland........

[ThulsaDoom]

Ah, so you can actually claim the £39 back then?

So your claim would be for £711 charges (inc interest) + £39 (cost of claim) = £750?

[scotia]

yeah....if u read about the forum it actually tells you what to put on the court papers...something along the line of:

 

'The pursuer claims from the defender the sum of £xx.xx with interest on that sum at the rate of 8% annually from the date of service (together with the expenses of bringing the action'

 

I think it's quite ironic that the court fee is £39, which is the same as the halifax charges i am claiming back......i felt like saying to the court, that at least with the court fee, i feel i am getting value for money....lol

[ThulsaDoom]

Well, heard nothing from BOS since my letter asking for money back since their standard letter saying they had passed it to Customer Complaints dept.

 

I'll be sending my LBA on Friday.

 

I'm giving them a little more than the 14 days before the LBA to take into account the recent 3 Public/Bank Holidays etc.

 

 

 

Just realised, my thread reads vs Halifax. Could an admin rename it to Thulsa vs BOS?

[ThulsaDoom]

Nothing else from BOS, so will send LBA on Monday 8th May.

[ThulsaDoom]

Letter sent 6th May. Fingers crossed, but I doubt I'll hear anything back from the tight-assed gits before the 14 days.

[ThulsaDoom]

Got a letter today saying, amongst other things:

1. I'm sure you appreciate, we incur costs... yada yada yada... and we believe it fair to pass these onto our customers.

 

2. We clearly outline our backing charges and are committed to complying with the Banking Cod...

 

3. Ultimately it's your responsibility to manage your accounts, but as a gesture of goodwill we'll refund £75 of the charges in a full and final settlement of your complaint on this account.

 

Erm, no. £700 shortfall there.

 

They also say they have tried to contact me but don't have any phone details, which is utter crap as they have called me many times before.

 

Monday's deadline is getting closer.

[Richard_K]

Remember....don't put all the claims in at one time, otherwise the bank could ask the court for them to be 'lumped' together, which would take it out of the small claims, which means you could be liable for costs etc....

 

However, all you have to say is that ...strictly speaking....you could put in each seperate charge as a single claim.......

 

When you say at the same time, do you mean that we should wait until a case has been heard, or merely served? I can understand the point if I put in 4 on the same day, but what if I put each one in after the previous one has been acknowledged?

 

It's very confusing, knowing how best to proceed without taking months over claiming back a significant amount.

[JMio]

"They also say they have tried to contact me but don't have any phone details, which is utter crap as they have called me many times before."

 

It's amazing how efficient they can be if you owe THEM money isn't it.!!

 

;o)

[ThulsaDoom]

Called the BOS as they had asked me to do so in letter that arrived a few days ago.

Told them I didn't accept their offer and they upped it to £250, but that was their maximum offer.

 

Told them I woudln't accept it and would proceed with court claim unless I received the full amount by Monday 22nd.

[ThulsaDoom]

Should I tell BOS that I am going to go through Small Claims for £750 each time before I do it, or should I just do it?

If I tell them before hand, and they see it's gonna cost them more to defend for each case rather than one big case, they may decide to fully pay up before the first case would actually go to court.

[Tinkerbelle]

screw em.... just keep filing until they get the picture

[ThulsaDoom]

Took my time but put in my first Small Claim via Dumfries Sheriff Court today.

Respond date for BOS is 10th August and possible hearing date is 17th August.

[ThulsaDoom]

BOS also offered me £220, then £750.

Refused both

[fruitycar]

Took my time but put in my first Small Claim via Dumfries Sheriff Court today.

Respond date for BOS is 10th August and possible hearing date is 17th August.

 

that seems a long timeframe? my return date was 3.5 weeks after serving the claim and the hearing date (tomorrow) a week later.