ME V's BOS Bring it on!!!

[sinking_fast]

Right been reading and reading and reading all of your helpful advice and have now plucked up the courage to take on my bank/building society, but still need all your help, so please go easy on me!

 

I have all my statements and have totalled all the charges up to:

1 account: £276.00

2nd account £528.00

3rd account £1523.00

 

and 4th is a nationwide account £729.09

 

so next step is to send the Preliminary letters?? am i also right in thinking that cause i'm in scotland i'll have to split the 3rd account up cause of the £750 that is the max you can claim through court?? have already done this and broke the 3rd account into years 2004: £491.00 2005: 434.00 2006: £598.00 so i'll be sending 5 letters to BOS and 1 to nationwide is this right?? also see in the preliminary letter is states

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

I understand I have to put in the amount I am claiming but whats the plus amount??

cheers everyone this site is the dogs btw

[sinking_fast]

Hello, can any-one help me with the above few queries? sorry for being inpatient but really wanting to get the ball rolling, and have read everywhere about getting it right, so just need conformation on the above please.

cheers

[sinking_fast]

Hello, can people see my posts?? just that i seem to be the only person that doesn't have any replies, typical, billy no m8's even on a forum hehe!

[sowerby17]

yes i think you have got it right by what i have read. I post on here and get no replies it is very frustrating.good luck

[sinking_fast]

right update: have gone through all my bank statements and broken them down so i'm claiming for 3 account 1 split into 3 so 5 altogether, going to post them all tomorrow, do i have to send these recorded delivery??

 

also claiming againist nationwide, studio cards and littlewoods (see under relevent threads for each of those to see progress, wish me luck!

[matthews mum]

Nothing more to add, you are at same stage as me, except that summary cause limit is £1500 - £750 is the small claims limit, and the actions cost the same to raise, so raise Summary actions.

 

Also YES send RD so you have proof they were sent so bank can't pretend they never got them. Also a technicality but before you can raise a court action you have to state you have attempted to get the money back by other means so it would be useful to send RD for that reason too.

 

Good luck

 

MM

[sinking_fast]

so does that mean i didn't have to spilt the 3rd account up if i am going to raise summary action??

 

throught i'd have to send RD, like you say least you've got proof then, have put all the BOS letters (even though different claims) into 1 big envelope so only have to pay RD once

[matthews mum]

Hmm, well it is over the £1500 (just)so you'd either need to (a) split it or (b) restrict it to the £1500 and write off the £23.

[gemspan]

HI there

 

I would set out your claims by account number. By that I mean on first account charges were X, second letter for second account where charges were X and third letter for third account where charges were X. You dont have to start splitting things up until you get to the court stage.

 

At that point in time it might be worth considering whether to just let the £23+ on your last account slide because if you claim for £1500 you can get it all through summary cause.

 

I would do things in stages though because you might be surprised and get the money back before you even have to raise an action. I have a couple of claims settled and it seems to be easier if you are claiming less than £500 - well is has been for me anyway!!!!

 

So your checklist should be as follows:

 

You have send off your SAR and have calculated what is owed to you. You have set it out on the spreadsheets but not calculated interest at this point in time. You send your prelim letter with a copy of your spreadsheet attached. One letter for each account and one spreadsheet for each account. You then send them off recorded delivery and wait for their reply.

 

Dont be surprised if BOS doesnt reply to prelim. After 14 days send the LBA with a copy of the spreadsheet to them giving them 14 days to settle. If no reply within 14 days then start your claim.

 

Try to adopt a systematic approach to it because it makes it easier. If you break down something into small chunks it kind off makes the whole task less daunting and you can keep track of things easier.

 

I hope this has helped.

Good luck. Go for it. Its your money and you deserve it back.

 

Kind regards

Annie

[sinking_fast]

Massive thanks for the above will be posting prelim's with enclosed spreadsheets minus interest tomorrow first thing RD, will keep you informed, was a bit scared about this, but feel better after above advice and help thanks, next step take over the world hehe

[sinking_fast]

right had the usually standard kiss my a*se letter, your not getting nowt, this morning, because i've had the letter before the 14 days what do i do now, just send the LBA letter or wait till monday (which is the 14 days)?

[sinking_fast]

oh and do i send it to the same address i sent the first one too (i used the address from the site), or do i send it to the address on the letter i received today?

[gemspan]

Hi there

 

Send LBA to address that's on the letter you received today. Dont wait for 14 days - do it today!!!! Good luck.

 

Gemspan

[sinking_fast]

o.k cheers for that, oh and just one other thing, do i just send the statement of charges that i sent with the first letter with the LBA letter, i don't add the interest till i start court action??

[gemspan]

Yes, send a copy of the statement of charges but dont add interest until you are taking it to the court action stage.

 

Good luck

Gemspan

 

PS: I got a letter from BOS today advising me that I would have to pay an additional £10 to obtain statements for my business account. I phoned them and told them that this is not in fact the case and that my original SAR included that bank account. As BOS is all one company then only £10 is payable. Also asked why it has taken so long for them to get back to me as I sent request in November 2006. Told them they better make it quick or I was reporting the whole incident to the Information Commissioner after 21st January and I thought that I had been more than patient waiting for the information to arrive. She told me that SAR does not only relate to statements. I advised her that any information they had would be great as I wasnt only interested in statements. She went off the phone less confident than when she came on and said she would get something in the post as soon as possible.

 

They really are trying to prolong things and its not on. So, stick to your schedule and get on to the next step asap.

[pbz123]

HI

I think you are at the same stage as me

I received a reply to my first letter today giving me a reference no and saying a Customer Relations Manager will investigate and reply no later than 4 weeks. Did your letter say this? I'm sure I read somewhere to ignore this and keep to the schedule, any suggestions

[sinking_fast]

cheers gem, have done the LBA letter and it is getting sent tomorrow first thing, sounds like they are really stretching it out with your claim, but like you say as long as we stick to the schedule hopefully we'll all do fine fingers crossed!

 

pbz123 yes that sounds like the same letter i got, it was sent from dunfermline (sorry if its spelt wrong, can't be bothered getting the letter :? ) and yes you ignore there crap about "we will get back to you in the next 4 weeks blah blah" just stick to the schedule and send the LBA letter a.s.a.p i've got mine really for sending tomorrow

[sinking_fast]

right help needed again sorry, thursday is the 14th day from sending my LBA letter, have found a step by step guide and forms for going to the small claims court, what i need to know is I have 5 claims as I broke down I account into 3 (03-04 04-05 05-06) as it was way over the £750 so what i need to know is do i have to pay 5x £39 for each account and can i claim againist all (go to court) at the same time or do i only go to court with each 1 seprately? and when i claim the amount and interest i also claim the £39 for going to court is this right??? cheers people

[gemspan]

You can claim up to £1500 through summary cause in Scotland. Alternatively, if you have an address you can use for mail to be delivered to in England you can claim up to £5000 through the English system. I have just started a claim using moneyclaim online and it has been accepted. I gave my friend's address in Norwich as the english address. HBOS have an address at trinity road, halifax so that may be a way to do it to claim more in one go.

 

Hope this helps

Annie

[sinking_fast]

i know i could of done it that way, using an address in england, but don't know anyone that i could trust in england, and also decided to do it this way (break the claims into smaller claims) to keep it under the £750 and i'm finding it easier to deal with this way, even though BOS replied on all 5 separate claims in 1 letter!! but i still don't know if i can claim all 5 claims through the courts at the same time or i can only have 1 claim going through the court each time? also if i'm on benefits do i still have to pay the £39 if yes do i add this now with the interest??

[roscodog18]

Hi,

you can use a mailing address..........I set one up online, it costs £45 a quarter. Strange thing is although the English Courts insist on an English postal address all court mail has been sent direct to my home address!

 

Roscodog

[sinking_fast]

cheers for that info, but can't afford the £45 extra, would rather just keep it in the local sherriffs court,but can any1 tell me:

 

1) can i claim all 5 claims through the courts at the same time or can i only have 1 claim going through the court each time?

 

2) also if i'm on benefits do i still have to pay the £39 if yes do i add this now with the interest??

 

cheers

[maroondevo52]

Hi,

 

I think you have to claim one at a time as the judge may lump all your claims together. Not sure if that's true, but read it somewhere.

 

Regards.

 

Scott.

[Stornoway]

Also....if you claim in one go then you'll probably get to keep your accounts. Claim more than once and they'll likely close your account. Not sure how important this is to you......

[maroondevo52]

I've only claimed once and they closed my account and asked me to cut up my Visa card.(nice people).

 

Regards.

 

Scott.