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ally7770

Action against BoS

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I'm just about to start my legal action against the Bank of Scotland and looking for further bit of advice. Seem to recall a thread not long ago advising that charges for unpaid items (DDs) had to be pursued separately from charges for unauthorised overdrafts. I've never actually been charged interest by the Bank of Scotland for having an unauthorised overdraft (which has only ever happened due to the charges for unpaid items being applied) although I have been charged unauthorised overdraft fees (usually £28 for going overdrawn as a result of the unpaid items charges applied.:mad:

 

Can I include both "returned items charges" and "unauthorised overdraft fees" on the same claim? On most of the earlier statements, all charges are listed as "returned items charge" but on the later statements they are referred to as "charges as notified", which I presume refers to the letters sent at the time advising of the charges (the actual letters sent being something I do not have).:confused:

 

Also, in my original letters directly to the bank, I did not include any interest on the charges I was requesting to be refunded. As they have refused my request for a refund, I have now calculated interest for my claim using the spreadsheet on here and split the total amount being claimed for (nearly £1800) into three claims to avoid going over the small claims limit for Scotland - do I need to explain why I am now adding interest to my original (refused) claim or will this not matter?

 

Thanks in advance for any advice.

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Hi Ally. I`m just starting my action against BoS. You can claim for ANY charge they have taken from account. Always useful to quote sections 5 - 8 of The Unfair Terms in Consumer Contracts Regulations 1999.

Keep at it and good luck!

Ali

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If you were going to claim contractual interest (29% ish) this needed to be included from the start, but this is still debatable and most people aren't doing this. When you actually submit your claim against the bank the 8% statuory interest is added as part of the N1. This can't be included before the claim is submitted so your right on track for this.

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