groovycaz v BOS Business Banking ** WON **

[groovycaz]

BOS just charged me another £15 today fot not having a minimum of £5000 in my account, Ive told them for the past 3 weeks after paying off my overdraft to close the account which no one can tell me until tomorrow why this has not happened, no account managers in until the morning, looks like another £15 to add to my court claim

[groovycaz]

Got my claim back from the court today, have to add to thr POC for it to be heard in England

'I state that the County Court of England and Wales has power under the Civil Jurisdiction and Judgments Act in 1982 to hear this claim and no proceedings are pending between yhe parties in Scotland, Northern Ireland or another Conventon territory of any contracting state as defined by section 1 (3) of the Act,

So if your claiming against a Scotish bank and want it to be heard in England you must include these words

[AJG]

Where do you include this bit

 

Thanks

[photoman]

Take a look at this post, particularly post 2, which has some Particulars for dealing with a claim against a Scottish Bank as a resident Of England (Remember though, that this was a Consumer account claim, so the particulars will need amending to remove any reference to Consumer regulations if you use anypart of it) !!

Interesting read anyhow.

 

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html?highlight=RBS+full+details

 

Photoman

[groovycaz]

Where do you include this bit

 

Thanks

I added it as the last pharagraph of my Particulars of Claim, I called the court when they sent my claim back with a copy of the part about the Civil Jurisdiction they advised me not to issue any proceedings against the bank of scotland without this added or they could claim juristiction for my claim to be heard in scotland

[roscodog18]

Hi,

I have an ongoing claim against BOS for a now closed business account......the English court has not come back to me with anything like that. They did bank my cheque though!

 

Roscodog18

[groovycaz]

Hi rosco

how long ago did you file your claim, it normaly takes my local county court about 4-5 days to issue me with a claim no. Did you claim jurisdiction in England, my court quided me without my asking and told me to claim jurisdiction on my form. If its been longer than a couple of weeks Id call the court where you filed and ask why its taken so long, and if you have'nt added the jurisdiction bit you can always do it then..GC

[roscodog18]

The court recieved it on Friday 09/03/07 the cheque cleared on Wed 14/03/07..........I have had personal claims againt BOS with no problem and have a business claim against Llods TSB which is now at AQ stage......I am in Scotland but for all my claims have used Carlisle County Court with an English mail forwarding address.

 

Roscodog18

[groovycaz]

hi again rosco, well you seem to know what your doing and they've not long banked your chaque.

the BOS are playing their dirty tricks with my business account since I asked them for a refund.

!st they said i was making a personal claim for a business account, I pointed out that the only account i had with them was a business account but they said business accounts are not included in the recent changes in consumer regulations and they were not refunding me my charges, In April 06 I paid £100 for a £2000 overdraft reviewed again in April 07, without a word from them they then in jan reduced my overdraft to £600 which was at the time outstanding but 2 days later paid a DD to my BOS visa for over £500 which then took my overdraft to over £1000 and 2 days after that they returned my DD for my house insurance and charged me £35, I argued that if they told me by a phone call that my overdraft was being reduced to £600 on the 18th Jan why did thay pay my business visa on the 20th Jan yet return my DD on the 22 jan. No one could give me an answer and I said I believed it was because Id requested a refund of charges which recieved no comment except that because Id opened another account they were concerned because I had a £2000 overdraft, cheeky sods as if I was about to run off with their 2 grand. Any way all paid back now and they owe me £150 as Ive just wrote to them to close the account, better take it out the CP tomorrow

[roscodog18]

hi,

I'm still waiting on my court papers..........

however I have personal claim against BOS.....they paid out £4973 plus 8% judicial interest but my claim was for contractual at 16%..........BOS told the court that the claim was settled....I told the court it wasn't...so I got a default judgement for the balance. I called BOS to tell them and they told me they did not pay contractual interest............well the Judge says different! still they refuse to pay the difference so I applied for and got a Warrant of Execution and the Baliffs are going in to get my money.

 

The Bank of Scotland do not know whether they are coming or going!

 

Roscodog18

[groovycaz]

Excellent I love a bit of exitement, let me know what happens when the bailiffs go in,bet you walk out with the full amount in your hand, Id insist on cash just to be cocky, and dont forget to add the cost of the bailiff aswel, Best of luck GC

[roscodog18]

Hi,

the £55 Bailif charge is added automatically......I called their 'customer relations' call centre and explained that I had a warrarnt, the BOS had a ccj which could affect their ability to hold a credit licience........and that I was going to send in bailifs...........I was told that to get my money I would have to go ahead!

 

Roscodog18

[groovycaz]

OOOh my god, I can see im going to have a fight on my hands, I should get my court forms back next week, then no doubt they will file Acknowledgement of service indicating that they intent to defend all of the claim. On my claim ive only put 8% interest, wish i'd gone for contractual interest now, dont know if its to late to change it or I might be able to add it in my Court Bundle, just been reading through Bong v HSBS which I printed off last night, excellent reading.. Good luck with the bailifs, you never know they might barricade themselves in like you see when people are being evicted from their houses....GC

[Goodison]

Hi,

 

reading threads such as this with great interest.

 

I am currently taking one step forward and one step backward in an attempt to re-claim from Yorkshire Bank on behalf of my 'business' (a sole trader account in my name).

 

Without going into excessive detail here, my claim is treading water due to being struck out, a decision which I am appealing against.

 

The contentious issue appears to be that it is on behalf of a business.

 

So if groovycaz - or anyone else - has got a claim through the Northampton system on behalf of a business, I need to know the form of words they used urgently please, as if their case has not been struck out, then presumably mine would not be either if I followed their template?

 

Would be great to hear from someone ASAP.

 

Thank you.

[photoman]

Goodison

You may have hit problems with your Business claim by using the templates for personal accounts? They include refernces to Consumer regulations which you shouldn't do with Business claims.

I think there is a way to fix the problem though. I believe you can submit an amendment to your POC's. Use the search facility at top and look for POC amendment. Otherwise people like GaryH are very good at tis kind of stuff, so look him up and maybe send him a PM.

In the meantime, come and have alook at a thread set up for Business claims. Lots of people claiming againstBusiness accounts, so hopefully more specific help for you?

 

http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets.html

[Goodison]

Hi Photoman,

 

thank you for that.

 

I did originally use the 'consumer' template, but the bank threatened to have it struck out, so I amended the POC, which suffered the same fate, courtesy of the district judge.

 

I am currently in the middle of a hugely frustrating bid to find out why and get the case re-instated, so any successful track records I can follow, where people have won a business claim, would be extremely useful.

 

If they did it, and it got through the Northampton system, then I MUST be able to do the same.

 

For reference, my long-running saga can be found at:

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/19014-booth-yorkshire-bank.html

[groovycaz]

Hi roscodog18 has won his claim with the BOS but he filed his claim in Carlisle, sorry I cant help you at this moment, ive put in my claim in the hartlepool co court which was deemed served on 21st march and as yet heard nothing from them, they have until the 4 april to reply and will be posting each step of the way...GC

[groovycaz]

still having a nightmare with BOS business banking, Ive now requested 3 times that they close my account, paid off all my overdraft so owe them nil, not using their services for anything. Im sick of writing letters to close the account as they are charging me £15 per month for having less than £5000 in it, they are ignoring my letters to close yet answering my complaints with lies, they said they reduced my overdraft because i informed them that i'd opened another business account with Lloyds tsb, I never said that it was HSBC and is irrelevant anyway, just an attempt to cover their backs because of they are playing dirty, Just waiting for them to file their defence then im ready to go go go. I want my money they stole from me back.

[groovycaz]

Just got another snotty letter from Ms Sneddon (senior customer relations manager) about my complaint that they reduced my overdraft without warning, basically, its a back covering letter. When you pay £100 for the facility of a £2000 overdraft for the period of 12 months, I believe that you should have that facility for 12 months, not reduced to £600 without prior warning because you have requested they refund your charges, The woman is mad if she thinks she can simply dismiss me with her feeble excuses, that the bank reduced it because I was winding down the account and that no further explainations will serve any purpose. Well Ms Sneddon my claim is in, I am now in the process of changing my POC to include the refund of my £100 and because of your unprofessional attitude ive decided to claim contractional interest instead of the 8%, all down to you.... GC:-x

[groovycaz]

just a quick update

filed my claim on 19 march deemed served on 21st march.

BOS filed acknomledgement of service on 27th march intending to defend.

they should have filed their defence by 18th april and to date no defence filed.

Time to apply for judgement by default.

let you know if they apply to have judgement set aside giving them more time which seems to be what a lot of the banks are doing and abusing the system..

[groovycaz]

Had a phone call this afternoon from BOS asking me,HOW WOULD YOU LIKE TO RECIEVE YOUR REFUND OF BANK CHARGES! Eh, just like that.

Did I want the cheque for £1800 made payable to me in person or to my

Business. Shocked or what

Cant believe it the cheque will be with me by the end of next week.

Donation on the way as soon as i get it thanks for all the advice.

I won they did not want to go to court

[alanfromderby]

Excellent news - well done.

[photoman]

CONGRATULATIONS !!!!!

 

Another Business claim done and dusted, I shall post a link to your thread in our Business claims thread.

 

Well done !!