Dom4ces vs hbos

[Dom4ces]

Hi all. Thought it was about time I created a thread based on my claim.

 

I have been charged an ungodly amount by BOS over the years. I knew that it was a lot of money but like everyone else assumed that there was nothing I could do about it. But after being referred to this site by a friend I realised that I could.

 

My personal circumstances changed a lot over the last six years. My partner started full time education and I had to pay all the bills. This would have been manageable but for one thing - those infernal charges. It is an all too familiar story given some of the accounts on this forum - a miscalculation leads to a charge which leads to another which leads to being up to your neck in the smelly stuff.

 

Anyway - here is my progress so far.

 

12/11/06 -S.A.R - (Subject Access Request) sent. Received about half of my statements within two weeks but then had to phone to chase the rest. Took another week and then got two batches of the missing statements. Calculated the charges and came up with over £5300:eek: . Now I knew it would be a lot but that shocked me. It just goes to show that if I had avoided the charges I would be in a much better financial situation. Not to mention the stress and worry about money during this period! The interest if it goes to court is already at £1300 and rising! If it all works out this could be the best investment scheme I ever involuntarily entered:)

 

11/12/06 - Prelim sent recorded delivery. Signed for the next day (good old Royal Mail).

 

I haven't received a reply yet but I'm eagerly awaiting my GTF letter.

 

I've read loads on the forum and would say I'm pretty on the ball as to the procedures involved. But given the amount I'm claiming I couldn't bear to break it into £750 segments and spend the next few years in litigation. So I've decided to pursue through the English system. As I understand it all I need is an address in England for court correspondence. I could use my father in laws address for this so this shouldn't be a problem (he would definately get a few drinks out of it if I get the payout).

 

Has anyone else pursued the bank through this route? And if so are there any pitfalls I should be looking out for?

[orfoster]

Yes you are correct, as BOS headoffice is in England you will be ok. If it totals to £5300 then can you split it down a little bit as the max is £5000 in small claims so eg 2000-2004 in one claim and then 2004-present on the next so it stays within the limit.

 

Good Luck

[Dom4ces]

Thanks Orfoster - I figured that a day or so's delay here and there while mail was forwarded was well worth it. I don't understand why the Scottish level of small claims is so low in comparison to Englands. I think even Northern Ireland is around the £2000 mark.

[Dom4ces]

Today - GTF letter arrives. They will get back to me within 4 weeks.

 

LBA goes out in one week so they better be well within 4 weeks.

[Dom4ces]

The previous letter came from the customer relations section in Dunfermline (even though the envelope was stamped Return Address Trinity Road, Halifax).

 

I am getting ready to send the LBA and I just need a bit of advice.

 

Do you think I should send it to Dunfermline or Halifax? Bear in mind that I plan to pursue through the English courts if it gets to that stage.

 

Thanks.

[Dom4ces]

Sent the LBA by recorded delivery today.

 

Decided to stick with Trinity Road address.

[Dom4ces]

Well it's been 9 days since I sent the LBA by recorded delivery. The problem is that the royal mail web tracker still shows no information on delivery. The first RD letter I sent was shown as delivered within 24 hours.

 

I know that the new year may have affected this but I'm anxious to keep things moving. Do you think I should resend the LBA or bide my time and hope that all is well?

[Dom4ces]

Well the original LBA is still missing in the system:( . But the one I sent two days ago arrived this morning:)

 

So - 14 days and counting..............

[hellonearth]

Hi

 

Well I am glad I am not the only one who has had the same experience as you. They lost all 3 of my claims that were sent recorded and they said they got lost in the system (Sept 06) I had to resend them and they got them on the system in October. I started and then it took them 6 weeks to get my statements to me and went through them all inbetween things and found out that they had charged me a horendous amount over the past 3 years. I have gone through all the motions and they do have 40 days to reply so if I were you I would keep on the ball. I am now 4 months down the line and the 40 days are up. I was promised a call yesterday after harassing them every 2 days on the phone and excuses and more excuses. They have a backlog of about 3 months as so many people are claiming. Told them I did not now give a monkeys but in a wee bit of rude language and that if I did not have the reponse by 18th when the case was being sorted then I would take them to court which I am gearing up my focus for on Monday on a journey with a smile. The other thing they may say and send you is a letter saying you can complain to the ombudsman but like BOS they also have a backlog due to all these claims going in as I sent them a report and complaint regarding an insurance policy cancellation without my knowledge and they used it although I am still alive! So do not get your hopes up that they will sort this out in the stated time in all the crap letters you get. I have the summary cause sitting here with all the details. They left me in a real bad situation and am still paying for it. I am not willing to give up on this. Determination is the name of the game. Keep it up with them and do not let them annoy you. My sister did the same and within 2 weeks she had a cheque for £2741.00 no questions asked. They have told me as they have 3 accounts to deal with it takes time. I am just sitting counting the interest.. All the best with your claim.

[Dom4ces]

Help!!

 

I'm filinng the MCOL now but have run into a problem. I am only claiming the first £5k of charges to stay under the limit of small claims. But I'm also claiming the standard 8% interest on these charges. This means the total claim is around £6.5k. When I put this into the "Amount Claimed" box it recalculates the court fee as £250.

 

Does this mean that it is now out of small claims? If so I may as well go for the lot in one go.

 

I thought the interest part was irrelevant. But the advice for filling out the "amount Claimed" box is to include the interest.

 

Please help - I'm itching to file this.

[Dom4ces]

Anyone?

[livelylad]

Help!!

 

I'm filinng the MCOL now but have run into a problem. I am only claiming the first £5k of charges to stay under the limit of small claims. But I'm also claiming the standard 8% interest on these charges. This means the total claim is around £6.5k. When I put this into the "Amount Claimed" box it recalculates the court fee as £250.

 

Does this mean that it is now out of small claims? If so I may as well go for the lot in one go.

 

I thought the interest part was irrelevant. But the advice for filling out the "amount Claimed" box is to include the interest.

 

Please help - I'm itching to file this.

 

 

Ok my advice is to go for the whole amount in one go, just because the amount is over £5k that does not mean it will automatically not be heard in the small claims court. In fact a judge could see it as an abuse of proceedures if you split the claim. File the charges for the total amount, I very much doubt that you will see the inside of a court.

[Dom4ces]

Thanks Livelylad - I'm going for it!

[Dom4ces]

Well, according to the website my claim has now been issued. I understand that I have to again send the bank another copy of the schedule of charges. However, despite searching I can't seem to find a template for an accompanying letter. I'm sure I can cobble together an appropriate letter but if a template exists I would prefer to use this.

 

If so can someone point me in the right direction?

[livelylad]

Well, according to the website my claim has now been issued. I understand that I have to again send the bank another copy of the schedule of charges. However, despite searching I can't seem to find a template for an accompanying letter. I'm sure I can cobble together an appropriate letter but if a template exists I would prefer to use this.

 

If so can someone point me in the right direction?

 

 

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

Letter 1 MCOL

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

 

 

 

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Letter 2 Solicitor

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[Dom4ces]

Livelylad - you're a star.

[livelylad]

Livelylad - you're a star.

 

 

Cant take credit the template Glenn did it.

[Dom4ces]

The schedules were sent to the court by recorded delivery so I guess I'm back to the waiting game. Really hope I'm on the home stretch now.

[Dom4ces]

Royal Mail tracker shows the schedule of charges and acompanying letter are now with the court:)

[Dom4ces]

Received the Notice of Issue from the court. I guess that the Notice of Acknowledgement will follow.............

[Dom4ces]

Well, today I received a letter from BOS dated 9th Feb (to comply with their promise to reply by that date) saying that they apologise for the delay and my complaint is being looked at by a customer services manager.

 

No mention of the court action - it is yet another stalling letter. I am off work this week and am tempted to call them and chase this along. According to the MCOL site thet still haven't acknowledged the claim. They have until Sunday to do so.

 

What do you guys think? Should I call and let them know that this is now with the courts?

[isidore]

Nope. If they don't acknowledge, you win by default. No point in nudging them is there?

[Dom4ces]

Thanks T4FF - my impatience almost got the better of me:)

[Dom4ces]

Busy day!

 

After resisting the urge to call them they actually called me! Customer relations...blah blah.....charges fair.....goodwill.....offer £2400.

 

Told them that as I had submitted the claim to court I would only accept as part payment.

 

Could the end be in sight?

[isidore]

Good progress! Expect a full settlement shortly. Next settlement COULD be less 8% interest, remember now it's in court you are entitled to that too. Anything less and do the same.......