Scottish Law, BOS claim: courts or Financial Ombusdsman?

[Tallcmp]

Hello All,

 

WOW! What a supportive bunch! Just been tipped off about these threads in a general post and really enthused by the other HBOS postings.

 

I've just sent off my letter asking for a refund and it's a pretty heft £5143 I'm asking for from BOS. So I'm thinking about what to do next. Assuming I get a 'pat on the head and go away' letter, I'll send the LBA. My question is: what action?

 

Me and the bank are in Scotland, so I think I'm stuck with the £1500 Summary Action limit in Scotland. I don't want to file four separate claims one after the other as I've read a couple of things about the banks insisting that the first £1500 claim is final and/or petitioning the court about the pursuer abusing the small claims system.

 

So the next step up is an Ordinary Action, which really needs a solicitor, could incur hefty fees and carries the risk of losing and paying the bank's costs.

 

I read in The Independent today about the Financial Ombudsman Service and that the banks have paid up in every claim the FOS has intervened in. My understanding is that it will take longer and they don't have any enforcement powers - but it is free.

 

Does anyone have any experience of using the FOS to arbitrate/win a big claim?

 

Or does anyone have any advice about the 'no win no fee' solicitors that are springing up to deal with this? I'd consider sacrificing a 25% commission most of them seem to be asking for if it means getting £4K in one action with a solicitor to do all the complicated court stuff.

 

Thanks for any tips!!

[bankofsandy]

Personally I would go with the splitting up the claims up. I know many who have done this and have got their money. The banks hardly ever defend as far as I know and yesterday I phoned up about my current claim to BOS and they asked me how much I would be willing to accept and I said full amout. £1558. They said they would pay us that and will send a formal offer in writing. I read somewhere else on here that there is such a backlog of claims that they are willing to settle on the phone rather than go via court.

 

Hope this helps. I would not pay someone else to do something you could do for yourself and save you a fortune.

 

Sandy