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Assistance required please pict v's BOS


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I have listed this in the general section I thought I better also list it here

 

Firstly I would like to thank everyone who has helped get me to this stage. I have started a new thread as I asked too many dumb questions on the last one.

 

 

The story so far………..

S.A.R sent 05/09/06 – Reply received 20/10/06

Charges are as follows:

2000 2001 2002 2003 2004 2005 2006 Total

£1620 £380 £740 £131 £2064 £639 £1430 £7004

Request for repayment of charges posted 01/11/06 requested full repayment of £7004 in charges – reply received 06/11/06

Standard letter received stating

I am sorry to learn that you are unhappy with charges applied to your account. We’re keen to deal with your concerns as quick as possible. A customer relations manager will investigate the points you have raised and you will receive a reply shortly, but no later than 4 weeks”

 

I then against my better judgement waited.

 

Received a letter 29/11/06 saying that they were sorry that I had not had a full response to my concerns. We are still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no latter than 3rd January 2006.

 

Sent letter before action requesting full repayment of £7004 04/12/06

 

The day after posting the letter I received a conclusion to the investigation dated 01/12/06. The letter when through the standard bank charges are fair bumf before this paragragh that stated “ as a gesture of good will I would like to offer you £1620 in full and final settlement of your complaint. I must stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept this offer please sign and return the enclosed acceptance form in the pre-paid envelope. You requested information on how we calculate our cost for dealing for dealing with these transactions. Please note that we are not obliged under the data protection act to supply this information, and as it is commercially sensitive, I regret to inform you that I am unable to comply with your request.”

 

The acceptance form states I confirm that I accept the offer of £1620 from Bank of Scotland in full and final settlement of my complaint regarding bank charges made on my bank of Scotland accounts.

The word accounts used at the end worried me as I am also working on charges on a BOS credit card and BOS preference account. This acceptance seems to suggest that if I was of a mind to accept (which I am not)I would then not be able to claim from any other BOS accounts

I have no intention of accepting this offer anyway as it falls way short of the total charges.

 

I would like some advise on how to proceed as I have already sent the letter before action prior to receiving this offer.

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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pict you do not state if you are in england or scotland. if in scotland to do this size of claim would require the assistance of a solicitor as it is above the summary cause limit of £1500. if claiming in england then i would assume it would go one above small claims which i think is called multi track? however to answer your question as to what to do next wherever you are court is now your next option. i suggest you read up on claims proceedure for which part of the country you are in and submit your claim. good luck

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Thanks Smoorach

I live in Scotland. I have only asked for them to repay the full amount at this stage. When it comes to making a court claim I will break the claim into sections to meet the courts limits.

I will post the rejection letter today thanks again.

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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i have to say pict this means of claim splitting has been successful however you do run the risk of the courts looking on it as a waste of their time. this is the feeling of the courts in england. if this happens they could in theory throw your claim out and not allow it. i do not say this to scare you but please bear it in mind. in saying that i find the courts in scotland exceptionally helpfull and they are more lenient on claim splitting than in england as they realise out limits are not very realistic. good luck hun

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Smoorach there seems to be different views on this matter of splitting up the claim but I think that most of the advice on this site seems to suggest that this is the best way or at least the most common way to pursue the claim. I have considered raising the stakes and going for the lot in one go but that involves lawyers and highier costs. I haven't closed my mind to the idea but i still find that way a bit scary.

What are the views of the CAG members?

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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pict,

i honestly wasnt trying to put you off claiming in this way i just wanted you to be aware of certain risks that might crop up so that you go into it considering all the pros and cons. i myself am splitting one of my claims and i am hopeful of succeeding. however if it is not allowed i would only lose out on a couple of hundred pounds so my risk is not as large as yours. all i can do is point out any risk that is involved i cannot advise either for or against this way as it is a personal choice. i really do appologise if you thought i was trying to influence you one way or another

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Its okay smoorach I never took any offence. I am grateful of any advice given as I gives you other peoples point of view which is really important within forum sites and claims of this mature. I still think that I will go down the splitting route though as others have had success this way.

cheers...

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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