Pierre vs BOS **WON**

[pierre69]

Sent initial letter to BOS asking for repayment of all penalty charges and interest from my business account and waited 14 days no reply?

Then sent LBA letter telling them of pending action bank replied within week saying NO CHANCE!

Do I wait another 7 days?

I take it then I have to raise this in the small claims court?(getting there?)

[maroondevo52]

hi,

Yes wait the 14 days, they told me the same I was getting nowt,just about to claim for a second time using summary cause.

 

Best wishes.

 

 

Scott.

[pierre69]

is that 14 working days or calander days?

[maroondevo52]

I would think it's 14 calendar days.

 

Scott.

[icklepeach]

There are a few people who haven't waited the extra days. They've given you an answer, you can act on it if you want.

 

I don't think they're going to change their mind in the remaining 7 days.

 

iPeach

[Thailand]

There are a few people who haven't waited the extra days. They've given you an answer, you can act on it if you want.

 

I don't think they're going to change their mind in the remaining 7 days.

 

iPeach

 

Exactly.

[pierre69]

Is there a Scottish version of this?

IN THE ANYWHERE COUNTY COURT

 

BETWEEN

 

JOE BLOGGS CLAIMANT

 

And

 

GRABBBIT BANK LTD DEFENDANT

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) 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.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

Summary cause is being filled out just need to know a couple of things

do I list all details of bank charges levied unlawfully against me and the above querie?

in anticipation

Pierre69

[pierre69]

Letter from court yesterday 5/4/07(return date) bank intend to defend next week 12/04/07 what does that mean?

[Bigmac versus]

The bank has to make their intentions clear by the return date so they have said they will apear on the date of the hearing, this means on that date they will be there and provide a defence against your claim, they have done this and then not appeared or settled before that date but they may also appear, do you have a thread already started for this with some history?

[pierre69]

Where do I start

Run a shop have done for 10 years

couple of years ago changed accountant and was late/slow in giving them up to date accounts so the overdraft started and when they pulled the plug on the overdraft whehe charges everyday then we got them some accounts and we were all right except for the 1200 quid they took off me in charges.

Sent the first letter to the bank which they forwarded to the guy who deals with it, guess what, told me I wasnt getting anything as they hadnt done anything wrong!

sent the second letter to them telling them of my intent to go to court and then sent the summary cause.

Side issue on the summary cause

Tried to take it to my local court but was told no durestriction as I had to take it to the court on the address of the defender!

anyway we got the summary cause served on the bank and now they have said they will defend!

 

See them in court on Thursday.

hope this gives you some info on my history

[pierre69]

went to court today, guess what bank never turned up to defend,

Judge granted decree in my favour cant wait to set the baillifs on them.

[pierre69]

Went to court today

bank failed to turn up

decree granted in my favour

baillifs on their marks

[Bookworm]

Wey-hey!!!

 

Felicitations!!! ;-)

[Dusary]

Went to court today

bank failed to turn up

decree granted in my favour

baillifs on their marks

 

 

Congratulations!

[Bigmac versus]

Well well well what can we say.

GET IN THERE, RESULT

Congrats.

[pierre69]

phone call today from BOS legal dept wanting to settle in full

[Bigmac versus]

Bet you feel great now.

[muggins73]

Blimey pierre, actually having to go to court would have ruffled my feathers, but what a result...makes the trip soooo worth it.

 

Absolutely fantastic result, well done!!!

 

Get the dosh and do the victory dance:D:D

[Dusary]

Excellent!

[pierre69]

BOS legal dept. letter received today saying all charges and costs will be credited to my bank account. Donation on its way

YEEHAR

Now for my credit cards where did I put those statments LOL.