sazz v BOS ***SETTLED IN FULL***

[jolly]

Thought you might be interested to know that that particular solicitors chasing you work solely for the Bank of Scotland. If you follow this link http://www.govanlc.com/yourcomment.htm and read email no. 83 you will find someone else who has had dealings with these people. Perhaps this will be a little reassuring for you?? Maybe will help a little.

[sazz]

Hey Guys,

 

Sorry for not being around so much just now, I'm up to my eyeballs in DWP benefit appeals!! BAH!

 

Anyways, I've received the standard fobb off letters and issued a summons against BOS which is to be called on 18th July. I received a letter from a 'Customer Relations' (Do they even exist in the banking industry?) Manager who stated that I wasn't entitled to £100 of the claim and they would defend that, but they would pay the remeinder of my claim + fee.

 

In the letter they state that 'in commercial interests, it's better for us to pay out' schpiel, so why not defend the whole claim? Thew thing is, as both the accounts I've claimed for have been closed since December 2005 I asked specifically for the refund to be made in cheque. I had 7 days to respond and I wrote back stating that I'd agree to the settlement being £100 short but again, only in cheque form, not a transfer to either account.

 

I checked my accounts as I still have access to them online, only to find that they've credited my account with the settlement figure. ARGH!!!

 

I called BOS who said that they had settled the claim, and if I wanted to proceed, they'd defend the remaining £100 and that was that. I said, no, I'll tell you what's what once I've spoken to the Sheriff Court...

 

I spoke to the clerk who said that as they hadn't paid the full amount as stated on the summons, and that they've violated any agreement, the case will still be called on 18th July and the hearing still on 27th July. She said that it might be worth calling BOS and stating they have until 18th to send a cheque for the amount or the case shall continue for the full outstanding amount.

 

I called BOS and stated this and she's passing it back to the area manager to look at.

 

Any advice or comments greatfully received, oh, and hope the weekend camping shindig went well

[jonni2bad]

If you stipulated a payment option and they agreed, then you are certainly correct to proceed as above. When they paid you (into the account) they must have been aware of your agreement to settle...

 

HBOS seem to make a point of paying into accounts, even when told not to.

 

Let them know what they face if they don't do as you ask

[sazz]

Indeed Jonni,

 

I have it in writing that they had stopped all interest & charges, they've failed to do that.

 

They said in the letter that I was to let them know within 7 days if I agreed to the settlement, they paid it into my account anyways on the 5th day. They failed to adhere to their side of the agreement.

 

I sent via recorded delivery on 7th July that I accepted the settlement PURELY on the terms of them refunding via cheque, NOT by transfer to the account. They've failed to do that.

 

They've failed to give me a full disclosure request...

 

ETC...

 

If they want to turn up in court, bring it on

[gargoil]

Go get 'em mate. Am shortly due my statements from "them" and the accounts concerned are all closed and hadn't previously considered requesting the payment via cheque!!

[sazz]

Hey Guys,

 

The letter to BOS regarding my agreement to the settlement figure, but only if in the form of a cheque, still hasn't been delivered...

 

ARGH!?!??!!

 

I sent it on 7th July by first class Recorded delivery (can't afford Special atm!) and it's not delivered either on the website OR according to the telephone contact who can check also. I have to wait 15 working days before I can report it as lost, so what the hell now?!

 

Surely as long as I have proof that I posted the letter on 7th by first class Recorded, BOS can't say I agreed to their terms? As well as the fact that they paid in the monies on the 5th day of the 7 days to reply, not the 7th, constitutes their failure to uphold their end of the agreement. I'm just a bit unsure as to where I stand due to Royal Mails' incompetance once again!

[jonni2bad]

Recorded delivery is vey often not signed for when delivered to large institutions. The slip you keep when sending acts as your proof of postage, and a court deems 1st class mail as being delivered in 2 working days.

 

Don't worry about not having proof of being signed for.

 

AND DON'T USE RECORDED DELIVERY EVER AGAIN!!!!

[kevmcfad]

Hi guys

 

I'm trying to claim back £2800 in charges from BoS and I've got as far as sending my letter asking for the first set of charges (£745) to be refunded.

 

Anyway the reason I'm posting is that my initial DPA letter was sent to the BoS Customer Relations (PO Box 29112, Dumfermline, KY11 2ZX) by 1st class Recorded Delivery. I kept checking the "Track and Trace" on the Royal Mail website but after 15 days It hadn't seemed to have been delivered.

 

I contacted Royal Mail and after a few days I got this response:

 

"Dear Mr McFadzean

 

Thank you for your email about a signature item reference number

DK908825961GB.

 

I have checked our Track & Trace details and can confirm that this item of

mail was delivered as addressed on 19th June 2006.

 

This item was one of a large number delivered to this address that day, and

although a signature was obtained for the whole delivery, we are not able

to obtain a signature for each individual item. Unfortunately, I am unable

to provide you with a copy of the signature for this delivery.

 

I apologise for any inconvenience you may have been caused. If you still

have concerns, please get back in touch quoting our reference number from

the top of this letter.

 

Regards

 

Paul Bailey

Customer Service Advisor."

In the meantime while Royal Mail was looking into my query the BoS sent me my statements over the last 6 years (over 3 days and not in chronological order).

 

Typical!

[sazz]

Hey Jonni,

 

I thought as much re letter delivery. I have the till receipt and the recorded delivery slip stamped and signed so that should be fine

[sazz]

Well, today's the last day BOS can enter a defence...

[sazz]

Righty-ho, hold on for a long schpiel ...

 

I called the sheriff court yesterday to check if BOS had submitted a defence and lo and behold!, nothing! The clerk went in to check the status and then, to his amazement, the summons had been returned as 'Gone Away'.

 

The branch the summons was served on is one of the main branches in Edinburgh, which is slap bang in the middle of George Street. Needless to say they haven't 'Gone Away'! He then said that the summons was served for the second time on 19th June and had been received. Phew! He then told me to send in or hand deliver Form 11, which entitles you to the decree, which I went along with shortly after the call to the clerk.

 

I ended up being dealt with by the clerk I'd spoken on the phone to and he said he'd never seen anything like it, and found it quite bizarre. The deadline ended on 18th July so I won by default, and I no longer need to turn up at the hearing, which is scheduled for 25th July. I filled in Form 11 to get the decree and I have to wait until a few days after to receive the judgement via post from the Sheriff Court.

 

The clerk asked me if this was about bank charges and I said yes, and the fact it's disgusting that I have to waste court time just to receive what has been unlawfully taken from me. I said I wasn't the only person claiming for the same rerason, as I am a member of !CAG! and we support each other through the process, he said that he'd seen the website and was impressed He also said that BOS may get in touch with me and try to offer a settlement via cheque now that I've had the judgement. He said it was up to me but I can either go for accepting any offer from them, or refuse and have the case call & have a Sheriff Officer sent into the branch Surely they'd have to apply for a set aside if they were to do this now I've been awarded default judgement?

 

There is one small twist here tho peeps...

 

As stated in my earlier posts, I was offered a settlement from BOS which was just over £100 short of the full sum I was claiming and as a bank transfer to my closed account.

 

I wrote back via Recorded delivery on 7th July stating I'd agree to the sum but ONLY in the form of a cheque. They credited the amount to the account anyways due to Royal Snail being kak. I was advised by the clerk to continue my claim as I'd sent back an alternative settlement and the fact I had proof I'd sent it and it was a shambles the way BOS were carrying on, to continue my court claim. Incidentally, the letter STILL hasn't been delivered....

 

I checked my account this morning, as I can still access the account via internet banking, only to find that they'd ALSO today credited the final amount of just over £100. Needless to say I'm even more cheesed off!! This means that they've credited the full amount of charges but Interest @ 8% hasn't been paid. Does this mean that since I've had the amount just minus the court interest I should stop the claim? Plus the fact they should've done this within the timeframe set down now by the court (ie 18th July Return Date)? Plus the fact in my prelim letter, LBA letter I clearly stated that since accounts were closed and there's 5 different DCA's chasing the same accounts I wanted a refund in a cheque?

 

I'm going to speak to hopefully the same clerk I spoke to today as he was really interested in the whole charges affair, and he was also going to be keeping an eye on my claim due to the weirdness of the 'gone away' incident.

 

Ads always, any comments or advice received with cheesy grins, and sorry for making your eyes bleed reading all this

[jonni2bad]

They haven't settle your claim in full - the interest still needs addressing. Also, if you accepted the figure on the basis that it was a payment by cheque, then again they haven't settled.

 

It might be less hassle (but it always your choice) to phone the bank, tell them how your claim stands and what you require. Only if they meet those demands should you end your claim, although certainly wait until you have receipt of the cheque.

[sazz]

Another wee twist for ya...

 

The case called today at court and I expect a decree through the post within a few days in my favour. The bank do, however, have a right to appeal for 14 days.

 

I received a letter through the post this morning from BOS and this is what it says...

 

'Dear Sazz,

Thank you for your letter dated 7th July 2006 addressed to Miss Smith, which has been passed for my attention.

 

The sum of £625.39 has been refunded to your account having Roll Number ****** on a without liability basis in settlement of your claim.

 

As the whole amount of your claim has been satisfied, I have written to the Court to notify them that The Governor and Company Bank of scotland has settled your claim in full.

 

We are entitled to refund this amount to your account in accordance with the terms & conditions of the account which you agreed to accept & by which you are bound.

 

The terms & conditions state, "If any money is overdue for payment on any other account you have with us, we may, unless regulations do not allow us to do so, take the amount you owe us out of your account. We can do this without giving you notice".

 

The Governor & Bank of Scotland also have the right to offset the sum refunded in order to reduce your liability to the bank.

 

As the full amount has been refunded to your account, you have no grounds to continue your claim.

 

I would therefore be grateful if you would notify the court that your claim has been settled in full.

 

Yours Sincerely,

 

Rachel Hinchcliffe

Litigation Solicitor

Legal Services - Retail Devision'

 

The claim hasn't been settled in full, the 8% judicial court interest still needs paying.

 

My main bone of contention with this whole case is that they didn't stick to either their timetable, nor the Courts as they didn't refund the cash until 20th July. (they had until 18th July to defend &/or settle. Plus the fact that this claim was regarding TWO accounts with charges. One has a balance of £322 and the other has a balance of £1185. Both accounts have been passed to no less than 5 DCA's (at the same time) and both accounts have been closed since Dec 2005.

 

My intention was always to pay off the £322 account and to start a repayment plan through Wescot for the other account with the refund of any charges. As I can no longer do this due to the BOS refunding the claim into the £1185, I'm left with the distinct possibility of TWO defaults and TWO repayment plans to sort out.

 

Any ideas or advice? I'm going to call BOS tomorrow and state that this wasn't the terms of the settlement and there's still 8% Interest due. Plus I'm not too sure if I can enforce the decree due to them 'technically' refunding the amount.

 

The way I see it, they've helped themselves to my money AGAIN, and left me with the prospect of another 2 defaults on my credit file. As Wescot have the accounts, I'm sure they'll make life difficult again...

 

[sazz]

Hey guys, a wee update for you...

 

I called the Sheriff Court as I wanted to know when I'd receive my copy of the decree, which would allow me to send bailifs into the George Street branch in Edinburgh.

 

Apparently the decree was issued on 9th August, but the bank have lodged a 'late defence'. Considering the hearing was on the 25th July 2006, it's just SLIGHTLY late!

 

There's a letter in the post regarding the position, but it looks like I'm on my way to court

 

I just want to check with you guys that I'm still able to fight this claim. The money has been paid back into my closed account with them with regards to the charges, although the terms of the settlement were as a cheque and with 8% judicial court interest. Both have yet to be addressed. I've told the bank I give them permission to debit it back from the closed account to be re-issued as cheque but they haven't. All the details are in my previous posts with regards to their shenannegins!

 

Anyone fancy coming along to Edinburgh Sheriff when I find out when?

Let's have some fun....

[jonni2bad]

Can't argue with that............. Unfortunately it's a bit too far for me, but if it gets close and still not settled, post in the Scottish forum.

[sazz]

An so it gets weirder & weirder...

 

I called the court again today, as I still hadn't received the Decree. I was told that the decree WAS issued on 9th August. I then explained about their late defence and that the decree had been recalled, to which she stated that there was NO record of any defence from them, nor an appeal, nor a recall...

 

Hmmmmm....

 

She said that the decree was issued but she was well confused as to what's going on. There isn't anything on their system and I should've had the decree by now apparently, as I have won by default. I have to call the Manager on Monday to find out what's going on!

 

I smell a festering, mouldy, blue rat...

 

[jonni2bad]

Seems odd, certainly. Hopefully all will be revealed on Monday (will it be Tuesday though...?) but make sure you ask why you were told a defence had been received if this is not now the case...

[sazz]

Hey Guys, time for an update!

 

I called the Sheriff court and spoke to the manager, who told me some bizarre details, and seemed to be quite evasive with her answers...

 

The bank had instructed a defence via fax on 25th August. I replied that I didn't think you could file a defence via fax, and the fact that 25th was WAY over the return date of 18th July. she kind of avoided the question and said that the fax had been sent to the wrong fax machine (?) within another department of the Court. Does that really have anything to do with the timescale? I think not.

 

I also said that I still hadn't received the decree so I could enforce it and had I missed some forms, or not done something? She said no, I should've received a copy of the decree as from 9th August, and she wasn't sure why I hadn't. She said I could get it sent out as they still hadn't filed any form of defence so I could enforce the decree.

 

She then said that enforcing it could trigger BOS to file a recall of minute and appeal the decree, to which I said, surely they only have 14 days from the date of the issue of decree, so how come they can choose to file whatever they want, whenever they want? She replied that as they were the defendant they had more than 14 days to appeal. She didn't tell how long exactly they have to reply and she skirted round this question also.

 

I have since received the decree, and decided to go into the George Street branch and ask for an appointment with the manager, who I've been sending ALL correspondence to relating to my unlawful charges claim. I thought I would tell him about the decree and see what happens. After all, I'm not guaranteed of getting the Bailiff charge back from BOS in order to enforce the decree for payment!

 

I went into the branch, which was quite busy for a Friday afternoon and spoke to one of the advisors that attack you as soon as you enter... I asked for the manager by name and she asked what it was concerning, to which I replied in a loud enough voice for almost everyone else in the branch to hear

 

'I have a warrant of execution for payment of monies that HBOS has unlawfully taken from my bank account, as you have done with most of your banking customers. I have a bailiff on behalf of blah & Co and media scheduled to visit this branch at 9 15 Friday 8th September 2006. Obviously it's in your interest just to get me the manager...'

 

He came out and I told him again what a bunch of shysters, including their 'Litigation Department' are, and the background to my claim, just to refresh his memory! He washed his hands of it due to him not being able to do anything about it as he didn't know the 'legal ins & outs of the issue, that's why all things like that are passed to litigation in Halifax, UK. I gave him a copy of the decree and told him who it was in the legal services division that was the 'solicitor' akting on the case. I shoild also point out that at the bottom of legal division letters it names the solicitors, and where they're allowed to practice. My 'solicitor' is NOT able to practice in Scotland...

 

He said he'd give her a call, as it was obviously in their interests as well as mine just to debit the funds out of the account and re-issue the amount on a cheque. Hats off to him being helpful and actually listening to what I had to say. Obviously CAG got a mention! He said he'd call her nibs at the legal division & call me back, to which he did but I was out arranging my sitting for a new tattoo

 

On wednesday I got a call from the said solicitor in legal division & I explained to her the situation re: UNLAWFUL bank charges, plus the fact they took £400 of housing benefit to cover an unauthorised overdraft on another account ( this is going to be claim 2 with HBOS!) and I wasn't happy with more than 10 SEPARATE DCA's & solicitors dealing with 2 accounts, which is also dodgy. She then agreed to look at it & call me back, to which she did a few hours later.

I was to go into the George Street branch & pick up a cheque from the Manager and the monies would be debited out of my account :grin:

 

I also received an apology & no conditions attached so I'm still thinking about media interest. I'm also back at uni in a few weeks and intend to make our unlawful bank charges campaign more 'transparent & visible', to use their language,and force a judicial review.

 

Sorry for the long post, but I think it's important to make sure people know that the law is the law, and corporate shareholder institutions shouldn't be allowd to frustrate the law of the land and ruin people's lives & reputations, running the country into the ground all in the name of unlawful profit.

 

If you stick to YOUR timetable to get YOUR money back, and in a way you want it back, ie cheque, bank credit, donuts, 5p pieces, then we will make the system change. They can't ignore this for much longer...

 

CUM OAN!!!

 

[jonni2bad]

CONGRATULATIONS

 

Another great victory...

 

Would you take a moment to fill out our SURVEY please

[sazz]

Survey filled in and donation on its way once I know where to send a Postal Order to, if I can?

 

[jonni2bad]

......once I know where to send a Postal Order to, if I can?

 

You can and it will be gratefully appreciated.

 

Please PM BankFodder and ask for an address.

[e17tintin]

Well done sazz!!! Did you specifically request your refund from RBS in the form of a cheque? Ive asked for mine to be paid this way and was worried incase they dont...i have a big overdraft!Thanks

[davidd]

Well done Sazz.I've got a date for prelim on the 19th Of October and feeling quite comprehensive.I was under the belief that they bos will not defend it an open small claims court but for fear of creating a legal precedent.Is this not the case.Surely, due to the amount of claims going against them, they can't contest every individual case as they'll get nothin else done!!

I have all letters etc available but would prefer to avoid court.

 

Congradulations again.

[sazz]

I specifically asked for a cheque reimbursment in all correspondence, due to the fact that the accounts had been closed since last year, plus the fact that there were 10 different DCA's and solicitors dealing with them.

 

As far as I'm aware, or at least concerned, it's your money that the bank has unlawfully helped themselves to. Why shouldn't you receive your cash in the way you want it?

 

As to the ease of settling without resorting to the case hearing at court, RBS have refunded me my money (by bank credit) twice now, but only once I'd submitted the cases to Edinburgh Sheriff court. It took the court granting in my favour to get a refund out of BOS, but, if you've read the whole post of my dealings with BOS, this was a slightly tricky situation I was in.

 

BOS already credited my account with the refund of charges. I just continued with the case hearing as they agreed to refund in cheque, (which they only did with a fight and after I'd received a decree in favour by the court & let bailiff and certain media in on what was happening) and they hadn't addressed the interest.

 

Edinburgh Sheriff Court are watching a number of these cases (mine included) and are nothing but helpful and full of other ideas

I'm working on something at the moment so bear with me They are well aware of the fact that these institutions are frusting not only the legal process, but the court process also, to which they are looking at a 'resolution' to the sheer volume of cases now coming through their doors.

 

Maybe us Scots can pave the way for a no questions asked refund to every bank user who have ever had any unlawful charges against their account. Regardless, I'm here to help anyone or give my experience of the process to whomever asks

[sazz]

To Davidd,

 

They tell you that they have 'every intention of defending', but to the knowlege of CAG users, the two banks (LLoyds and Natwest) that have tried have died on their A***! I only know of a few users here that have had to defend against a representative actually at court, but the banks didn't get very far and the judges were more than aware of the dire situation the banking industry have gotten themselves into!

 

The simple reason is, while the banks are of the opinion the charges are lawful, the law of UK doesn't agree. They can spraff as many of their T & C's as they wish, it doesn't make them lawful.

 

We also have a buddy system here, which means that if you'd like support if it does actually come to a court hearing, there are people all around UK that can lend their support and two-pence worth