Jump to content


  • Tweets

  • Posts

    • Thank you so much for heads up.
    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
  • Our picks

MissUniverse

BoS-tards took my money - now I want it back!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4541 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there,

 

I'm one unhappy customer! Started proceedings against BoS before Christmas after reading about other claims on the Martin Lawrence website. I must be one of very few sad people to have kept all my statements and therefore had no need to request copies. Judging by others' stories it's just as well I did!

 

So, I sent an initial request for the full amount of £1420 (including interest) on 15th Dec 06, heard nothing by mid Jan, so sent my LBA recorded delivery on 17th Jan 07. Both of these went to my own branch.

 

I recently received a letter from my branch (dated 22nd Jan) saying they have passed my letter to the Customer Relations dept who will respond to me directly. I have heard nothing else.

 

Because the 7 days I gave them are up, I will be proceeding with a claim through the courts. However, I'm still unsure about how exactly I should go about this. I suppose my first decision is whether to go for two Small Claims, or one Summary Cause. I've heard arguments on the side of both, i.e. I'll probably get the money quicker with a Summary Cause, but the Small Claims seem to carry less risk - financially speaking. Any advice from anyone out there?

Share this post


Link to post
Share on other sites

Hi,

 

My first claim against BOS was Small Claims, which I won. My second is Summary Cause, due in court early March. The sheriff clerk in Edinburgh told me i'd have to be the most unluckiest person on the planet if I ended up in court. Said I could loose somewhere in the high hundreds but thought this was very very unlikley. You are right about the almost no risk with Small Claims, I think all you would loose was your £39.00 court fee.

Its really up to you, how quick do you need the cash ?

 

Best wishes with your claim or claim's.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

Hi,

Thanks for the advice. Not too bothered about getting the money fast, I mean hey, they've had it for the last 4 years, a few more weeks wont make much difference!

 

So, I think I'll go for small claims option, but my next problem is, my LBA stated that I'd be claiming the full £1420 though the courts. Does it matter if I now put in two separate claims for smaller amounts, instead of one claim for the full amount? I mean, should I have treated the two small claims entirely separately, with two separate LBA's, etc?

Share this post


Link to post
Share on other sites

Small claim for £750 (only ever one at the same time) when you get settled then send fresh lba only which gives another 14 days then court again, hope this helps, good luck.

Share this post


Link to post
Share on other sites

OK, couple more questions - as my first LBA (to which I have had no reply) stated the figure £1420, should I send another LBA quoting a figure under £750, or just go right ahead and claim?

 

Secondly, is the £750 figure for small claims before or after interest?

 

Thirdly, would I be right in thinking I just need to fill in form 1b?

 

And finally, can anyone advise on how I should fill this in, i.e. direct me towards some previous threads on the same subject?

 

Thanks.

Share this post


Link to post
Share on other sites

no just keep asking for the whole thing until the small claims stage

Share this post


Link to post
Share on other sites

Hi Miss Universe

 

OK, couple more questions - as my first LBA (to which I have had no reply) stated the figure £1420, should I send another LBA quoting a figure under £750, or just go right ahead and claim?

 

No the prelim and lba should state all charges.

 

Secondly, is the £750 figure for small claims before or after interest?

 

Before judicial interest of 8% can be added at court,but mind and mention it in your POC.

 

Thirdly, would I be right in thinking I just need to fill in form 1b?

 

No you need to fill in form 1 and 1b and have an attached schedule of charges to both these forms.

 

 

And finally, can anyone advise on how I should fill this in, i.e. direct me towards some previous threads on the same subject?

 

The courts are very helpfull regarding filling these forms in, however when you are readyto do this give me a shout and i will help you.

Share this post


Link to post
Share on other sites

Hi George,

 

Thanks for the answers! I'm now attempting to fill in small claim forms 1 and 1b, and I've just noticed that my first charge was in June 2001. Am I correct in thinking that the Scottish courts only allow claims up to 5 years ago, rather than 6?

 

Also, what should I put in the 'Action for/of' section? I've heard other threads mention 'furthcoming' but haven't a clue what this means. Or is it simply 'payment' I should be after?

 

Next, in the 'defender' section, should I put the branch to which I sent my prelim and LBA (i.e. my local branch)? They've apparently passed my letter to 'Customer Relations' but I've had no contact with them.

 

In section 4, 'Claim' I've entered:

The Pursuer claims from the defender the sum of £739.00 with interest on that sum at the rate of 8% annually from the date of service (together with the expenses of bringing the action).

Is this correct?

 

And finally, I've seen some great threads with examples of what I should enter in the POC section, but I can't find them now! Any advice?

 

Thanks again,

MissUniverse.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...