JMack23 v Bank of Scotland

[JMack123]

Requested full statements from Bank of Scotland going back 6 years (though I realise now I can only claim for 5 years in Scotland) Anyway, 7 days later they arrived (surprisingly quick) but only up to May 2004. Can anyone who has requested statements from BOS reassure me that the remainder will arrive soon? I think I will give them 7 days before I question the whereabouts of the remainder. Then I will send my letter requesting the total amount when I know what it totals.

 

Totalling up charges from May 2001 to May 2004 I arrive at the figure of £395. But I feel there is a bit more to come from the 2 years worth of statements that they omitted. Annoyingly this is probably going to ramp it up beyond £750 (the maximum I can claim in Small Courts in Scotland) so might end up filing 2 claims eventually.

 

My question is this: A large percentage of what I am claiming is concentrated around May 2001, which is as far back as I can claim, right? So worst-case scenario, this ends up in court, which say is in August this year (for argument's sake) are the charges that accrued on my account no longer reclaimable? I say that because they could argue that since the limit is 5 years, I can only claim back as far as August 2001. Where do I stand here, legally? Can I legally claim from when I received the statements detailing the charges? (today May 03)

 

Will update when I receive the remainder of the statements.

 

MOD NOTE: THREAD MOVED TO CORRECT FORUM

[alanfromderby]

My question is this: A large percentage of what I am claiming is concentrated around May 2001, which is as far back as I can claim, right? So worst-case scenario, this ends up in court, which say is in August this year (for argument's sake) are the charges that accrued on my account no longer reclaimable? I say that because they could argue that since the limit is 5 years, I can only claim back as far as August 2001. Where do I stand here, legally?

 

The view on this is that the banks have concealed the fact from it's customers that these charges are unlawful, indeed they are continuing to say that, despite of the OFT report. On that basis you can argue that the 5 year limitation period does not apply.

 

So far this argument has not been tested in court - but that is only because the banks have not wanted to argue anything in court!!

[kath30]

Hi JMack23, I got all my statements up till 2004 in one envelope then around 5 days later they sent the remaining 2 years worth of statements although they sent each statement in a different envelope so i got 48 envelopes delivered in one day but they did arrive

[JMack123]

Thanks, that is reassuring. They sent the first lot in one envelope which was pretty thick, so not unreasonable to think that 2 envelopes may be needed. Thanks Alanfromderby, think I will make the claim from May 2001 and hope they don't defend, but if they do I'll have to think a bit more about it.

[JMack123]

Received the remainder of the statements 2 days ago. Calculated all charges on my account going back 5 years and the grand total I arrive at is £582 which means if it goes to court I can do it in one go (less than maximum £750) Sending the preliminary letter requesting the refund all these charges in full, else they will be receiving LBA in 14 days. I am going to send my preliminary letter to this address, does this seem OK?

 

 

Lindsay Gibson

Customer Relations Manager

Bank of Scotland

Customer Relations

PO Box 548

Leeds

LS1 1WU

[Tinkerbelle]

That who I sent my DPA to on 13th April, and heard nothing from since

 

Don't know of anyone else has had much luck with her.

[JMack123]

This topic was closed on 09 March 2019.

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