Bank of Scotland - OFFER

[scott2121210]

Hi Everyone

 

Just wanted to briefely update you with regards to my progress with getting all my bank charges back. Bank of Scotland ignored my two letters requesting my money back so following all the information given to my everyone in CAG I lodged my small claims with my local Sheriff Court. Guess what........? Yep, Bank of Scotland phoned me and tried to offer me a sum of money so I rightfully didn't respond and put the phone down on them!!! I then received a letter offering me half of my bank charges back so long as I accept within 14 days and accept full liability. They called it a 'gesture of goodwill'.......... HARDLY!!!!! I have ignored the letter and have no intentions of accepting their offer unless it's for the whole amount!

 

I am assuming the bank got in touch with me because they received correspondance from the court, however, I have not received anything back from the court considering that I lodged the claim approximately 3 weeks ago. Do I have anything to worry about and should I get in touch with the court?

 

Any advice would be grately appreciated.

 

Regards

Scott

[maroondevo52]

Hi, Scott.

 

Three claims I've made, I have had the papers back from the court within a few days. You should give them a ring, or maybe they are just very busy.

 

Regards.

 

Scott.

[sea-sidelady]

You could phone the court and ask them how far your case has got.

[scott2121210]

Many thanks maroondevo52 and sea-sidelady, your advice is useful. I will most certainly get in touch with the court if I don't hear anything over the next few days.

 

I'm beginning to wonder if the BofS is only just getting around to replying to my letters sent over a month ago and nothing to do with them receiving notification from the court!

 

Anyway, fingers crossed and I will keep the site posted of any new developments.

 

Regards

Scott

[scott2121210]

Hi Everyone

 

I got in touch with the court last week because I hadn't heard anything in a month. In a nutshell the court held onto my small claim papers for a month because a word that was written as "to" should have read "from". If I tell you how furious I was that it took them a whole month to let me know!!! My claim papers have been sent again so I await in anticipation. The offer from Bank of Scotland of half my money back as a 'gesture of goodwill' and without admission of liability to resolve my complaint is still active. I had previously stated that I had 14 days in which to accept the offer but this was not the case and in actual fact there is no deadline and the 14 days is the length of time BofS would endeavour to have the money in my account should I accept their offer!

 

Kindest regards to you all

Scott

[scott2121210]

Hi Everyone

 

I am seriously looking for some advice. My first small claim of £750 has been accepted and BofS have since written to me to advice that it is not in their best interests to go to court and will therefore pay-up as per the small claim.

 

I am, however, quite alarmed that I have been told by the court that the Sheriff may not accept a second small claim for the other half of my money because it is based on the same facts as the original claim. The court advised that it's up to me to try a second claim but I may lose my £39 if the Sheriff doesn't accept it!!!

 

I have since written to BofS asking them for the full amount otherwise I will proceed with a second claim. I just wonder if the Banks know this little loophole and are taking advantage of it!

 

I would be most grateful for any advice that can be offered in respect of making a second claim because I would hate to now lose the remainder of my money which is reghtfully mines!

 

Thanks again

Scott

[andromeda411]

hi there,

 

are you based in scotland?

 

if so why did you not use the summary cause route and you could have claimed up to £1500 in your claim.

 

 

regards

 

andromeda411

[maroondevo52]

Hi, Scott.

 

Go through the Financial Ombudsman Service, BOS are still due me £5,000 and that's the route i'm going.The complaint form's a doddle to fill in and you have all the info they need to get your cash for you. Have a look at their website.

 

 

Regards.

 

Scott.

[scott2121210]

Hi andromeda411

 

Yes, I live in Scotland. I decided against the summary cause route because the advice was that this route was far more risky than small claims. Also, I was not aware that I couldn't make a second claim for the other portion of my money!

 

Regards

Scott

[scott2121210]

Hi Scott

 

Many thanks for the advice. I will most certainly look at their website, is that where I get the form to complete and what are the chances of me getting my money via this route?

 

Regards

Scott

[Dusary]

FOS is the route I'm gonna take!

[kennythecelt]

Hi Scott. In a similar situation to yourself, living Scotland, illegal penaty charges over small claims limit. Here's a link to FOS Financial Ombudsman Service. I phoned them and the consultant was very nice and helpful. He said he would take on my situation now that I have received the rejection letter from BoS. He said it would take some time but would be worth it. Good luck.

[scott2121210]

Thanks for that Dusary and Kennythecelt, you have been very helpful and I feel better knowing that I will get my money back.

 

I have now downloaded the necessary form for FOS so fingers crossed.

 

Thanks again

Scott

[kennythecelt]

No problem Scott. It might be worth your while giving them a call also. Sound them out about your own case. The consultant was of the opinion that they should have paid me by now. You will also be able to gleam an impression of their success rates!!!

However, I think you might need some advice from someone with more experience than me. I noticed your court path in earlier blog. I am not sure but I think if you go down that route, the FOS wont investigate as Courts are obviously up the legal pecking order. So if a decision made by court, what could FSO do about it? Maybe ask someone about delaying court action until after FSO- that might be possible but check out. I don't want to give impression I understand all of this!!! I don't. Lots of people on here with far more knowledge and experience. Please check out and ask for some advice.

Regards and best wishes. Kenny

[scott2121210]

Hi Kenny

 

Thanks again for the advice, it is most helpful and appreciated.

 

I will bare in mind all what you have said because there is no way that I am going to allow Bank of Scotland win!!!

 

The money belongs to me and i;m going to get it all back!

 

Kindest regards as always

Scott

[maroondevo52]

Hi, Scott.

 

Best wishes with your claim, I posted my stuff of to FOS on tuesday, I'll keep you posted when I get a reply.

 

Regards.

 

Scott.

[Dusary]

Scott, I've down loaded the FOS form, too in preparation for HBoS(tords) ignoring my LBA which they received on May 30th. They have 7 days to respond (Friday, June 7th I think!).

 

Keep us informed of how you proceed.

[scott2121210]

Cheers Scott, and will do Dusary.

 

Best of luck

Scott

[Dusary]

I reeceived some more statements today - Jan 96 - Jan 2001 (I have the 2001 - 2007 ones already) for one account. That account was opened in 1993.

 

P'raps the remainder will arrive tomorrow!

 

And then the ones for the other account!

 

Keep it up guys!

[scott2121210]

Hi Everyone

 

I have just returned from Overseas where I have been for a few months. Would anyone know whether the High Court ruled in favour of the customer or the Bank?

 

Regards

Scott

[maroondevo52]

Hi, Scott. Welcome back.

 

Have a read of this.....

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

Things could roll on and on, with appeals and so on.

 

Get your claims in asap.

Also have a look at this.....

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/110547-urgent-all-mcol-claims.html

 

 

 

 

Regards.

 

Scott.