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Big BOS claim: Courts or Ombudsman?

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Posted this on HBOS thread, but wondered if anyone here had any views:


Hello All,


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


Me and the bank are in Scotland, so I think I'm stuck with the £1500 Summary Action limit. 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 bank 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!!

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hi tall, i couldn't advise the no win no fee brigade as it is your money why should you give it to anyone else, if you read through all the FAQs i am sure you will as have many others on this site find all the information you need to see this through yourself, their are many people who are anxious or afraid about taking their bank to court but with this site have the courage and knowledge to do just that, this site is all about empowering the people to take on the banks(not ambulance chasers), i hope you find the information you need, have a look at others who have claimed with your bank and im sure if you ask them for advice it will gladly be given. best of luck with your claim.x




Nationwide **WON**- £3,880.00 14/03/07


Nationwide Claim 2 LBA sent 13/03/07



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