Delboytrotter v BOS

[skintdocker]

Hi,

 

Does anybody know if the only way the bank will accept communication is by letter.

I have just sent a list of charges and my letter requesting them back today by fax. I have already sent a letter reclaiming some of my charges but as I made a mistake in my calculations I have resent my original request with the new charges this time. I'm not bothered if I have to wait longer because they will treat this as a new request but I am concerened that they are part way through pocessing my original request. Will this have any effect on my new claim. Can I request they stop dealing with my old claim and only deal with this one.

 

Brgds

Skint

[texel]

you can always try phoning them they sure can phone us when they want money. I don't think it will make much difference making a change if you have not sent out the papers to the court yet. I always say in my letters that the charges are over xxxx amount but if we go to court it will cost considerable more. It is not until we get to the settlement period that we have to be correct. At least that is the way I have done it

[delboytrotter]

The only problem with a PO box in England would be several trips to court possibly, if they defend the action, which i am sure given the amount they would defend....i know that my solicitor would do a claim like this for a percentage of the winnings plus some time, so it might be worth while looking around for one that will do that closer to you.

Best of Luck

[Dusary]

I take it that your reply, delboytrotter, was to my query about obtaining a PO Box in England? I am very seriously thinking of employing a solicitor - once I receive the additional statements going back beyond the 6 year period (in one case 13 extra years to the opening of that account) and have totalled them up.

 

Of course, the other route would be to wait until I received the *final* "No deal" letter from HBOS and then trot along to FOS.

[Dusary]

This site ROCKS - you ALWAYS get answers from wise folk here!

[Dusary]

Hi,

 

Does anybody know if the only way the bank will accept communication is by letter.

I have just sent a list of charges and my letter requesting them back today by fax. I have already sent a letter reclaiming some of my charges but as I made a mistake in my calculations I have resent my original request with the new charges this time. I'm not bothered if I have to wait longer because they will treat this as a new request but I am concerened that they are part way through pocessing my original request. Will this have any effect on my new claim. Can I request they stop dealing with my old claim and only deal with this one.

 

Brgds

Skint

 

You'll find that I've said (in another thread - methinks) that I've trotted along to the local branch here in Aberdeenshire (my branch is further West) and they've sent off all the messages and requests quite happily.

 

But, yes, the phone is another option - but I'm possibly not as far along the road as you are - I'm still compiling figures which stand at £15,314 for the 6-year period. (With interest, (via the MSE Calculator) I reckon it comes to a grand total of £23,073.25.)

[delboytrotter]

Dusary, i agree contacting the FOS is a real option as they have not yet had the chance to investigate a complaint of this sort, not a single bank charge compliant has been investigated yet which i have to say looks good from your point of view, if you want to contact the FOS make the complaint now as they give 8 weeks from your first letter to the bank, which in my case has expired 5 weeks ago, i did report the Bank of Scotland to the FOS and i am waiting for the response now as the bank have had the required 8 weeks then a furtehr 3 weeks to sort this out but they still messing about so the FOS may get a chance to investigate very soon, The only bad thing is you may not get the interest only the charges returned but i feel that because the bank have taken so long i am claiming now for compensation which the FOS seem to be wearing at the moment so fingers crossed i will either get my money back plus compo or the satisfaction of being the first person to get the FOS to investigate a case. that would be fun, the only reason i have waited for the FOS is that i ahve not had the time to sort out a court option, but in a week or two that will change so i may still take them to court....

Good luck

[Dusary]

As you know, delboytrotter, I haven't sent off the 1st letter yet. I'm now waiting for the PRE-6 years' statements. Then I'll have to enter them on the marvellous xls. spreadsheet which I've been playing with for an hour this morning.

Re: FOS (and no interest) - well, we'll wait and see. With charges as HUGE as mine - I might be prepared to waive the interest - ON THE OTHER HAND, when did BOS or HBOS ever waive THEIR interest?

 

BTW. Are you including "Account Maintenance Charges"? I can't seem to find an answer to that one. Maybe I'll post a thread.

 

Good luck!

[delboytrotter]

No i am not including maintanence charges as i assume these are fair for running the account,

One of my account charged me £5 per month but paid higher interest etc,

If you are happy to waive the interest i would think you should send your first letter to the bank and copy it to the FOS just to keep things rolling,

[texel]

Why should the banks charge a maintainence charge when they are charging enough in interest???

[delboytrotter]

The banks will charge for anything now, i did agree to a maintenance charge but i have closed that account now...

 

More help required, i think my bank is going to try and get out of paying more than the 5 years charges using the limitations act, now we all know that it does not really apply but how on earth to i put that in writing

As i am sure you all are aware i am using the FOS to get my money back (only becasue i didnt have the time ot do it through the courts but that changes in a week or so) and the bank have run out of time, they have already had an extension of nearly 5 weeks and i think the FOS have had enough and are threatening to investigate, but the only other argument they have is time barring some of my charges and not paying the interest, does anyone have any suggestions for the S.32 clause or putting it in writing telling the FOS that i feel time barirng is not applicable as the OFT released their first report (dont know the date) and in August 2006 i was charged again so the bank should have realised they were concealing something and that way i can get round the time barring,

Your help is appreciated

Thanks

[texel]

I hope someone can answer you questions. I am afraid I can only speak about court actions as computers are way above my head and I have no idea whay S32 is. I have never dealt with FOS and don't really know how they operate. O like to know what is happening ar all times and the court way does this for me. If I can be of help let me know sorry this time

[Dusary]

Why should the banks charge a maintainence charge when they are charging enough in interest???

 

 

Good point!

[delboytrotter]

OK it looks like the FOS are slow and prrety useless, i have all my statements etc and i have written to them a few times and lodged a complaint with the FOS, i am fast approaching a time whne court action is the best action,

I need to know the following

1. When was the first OFT report into bank charges, i am looking to claim more than 5 years and i will use the fact i feel they concealed the charges.

2. How on earth do i add the above to my summary claim

3. Do i have to write to the Bank of Scotland about the extra charges or will i just add them to the court papers before they go in.

4. I have sent a fax asking for all the charges as the bank have paid me £480 already and offered me an additional £348 which i refused as i was sure i was due more, i also rejected the £480 but they never took it back.

5. The fact that i refused the 5 years 828 as i was claiming for more than 5 years does not matter i hope,

6.should i start from the beginning again or just cary on with the court action, i have had enough waiting and there are bills to pay

Thanks for your help again and this time i will sort them out,

 

This is what my Summary Cause claim says at the moment but i need to add the concealment and i do not know where to add it

 

The pursuer Delboy has had a bank account with THE BANK FOR EVILNESS for many years. The bank account number 06660666 has Between 03/01/00 and 16/10/06 had a number of high charges because of returned direct debits and charges etc. I have tried to have these charges refunded to no avail. Therefore this action is necessary. This is a consumer action brought against Bank of Scotland who have a business operating in HOME TOWN therefore it is under the jurisdiction of this court.

I have no idea what to add about the concealment act

HELP

[texel]

Ok first part is fine. Now you add. See seperate sheet.

This is the spread sheet showing

Date of charge offence amount interest days since offence amount

charged

 

Examples

3/8/04. late pay £ 20.00 .0092 969 £ 8.91

 

add add

 

 

grand total =

that is what you charge Hope tha Let me know if you need any more

[delboytrotter]

Hi Texel.

 

Ok that has got me a bit further, now what about the fact the charges go back more than 6 years and i wish to point out they can not claim time barred as the OFT has reported already which means they are concealed...

[texel]

Can't help you on that. Don't know anything about involving the OFT. I have found out these types of organisations generally only work for the mighty. and forget the little folk:p I would try and go for beyond the six years they can only say no good luck

[delboytrotter]

OK, i really need some help now, i have today spoken with the bank of scotland and they are not even aware the FOS are investigating!!!!!

Any how today the BOS told me that they dont have the same record as i have for charges, basically they are about £400 difference and it is them that are missing the items as they are in my statments so they said they will look into it...what should i do, will i start court action or what,if i start court action then i will need to find out about the claiming more 5 years rule as i have so far persuded BOS that i can claim more than 5 years even though i am in Scotland....

HELP

Or will i wait until they ocme up with an answer, i really dont want to lose in court over soemthing stupid like adding up the charges wrong or for the judge to say they were offering to settle why did you not wait for them

[texel]

Don't wait start action right away I would not bother about over 5 years I would risk it but if it is not much you can play safe and just do the five years. Don.t wait for the bank to find the missing statements you have them so start filing Good luck

[delboytrotter]

Ok, i think the bank have had there chance,

The Summary cause says the following,

 

The pursuer Delboy has had a bank account with THE BANK OF EVILNESS for many years. The bank account number 06660666 has Between 03/01/00 and 16/10/06 had a number of high charges because of returned direct debits and charges etc. I have tried to have these charges refunded to no avail. Therefore this action is necessary. Please See attached sheet for a shedule of these charges. This is a consumer action brought against Bank of Scotland who have a business operating in HOME TOWN therefore it is under the jurisdiction of this court.

Will that do the trick, or am i missing anything..

As there has been some suggestion from the bank that i am claiming charges that they do not have listed i need to make sure the wording is spot on, i also need to ensure my paperwork is spot on which i will do this evening then it is of to court...

[texel]

The only differences on page seven is This is a consumer action ( no need to mention name of bank.) therefore ---court has jurisdiction that is all you need ( all this is what Perth Sheriff Court told me to do when I first started and I have used these words in every case) Don't worry about the bank not having all the charges you have provided you have the statements to back it up if ever needed. Probably will never need, the bank will offer a settlement I will bet. Of course you might win by default if the bank does nothing on the return date. I have one against a BOS credit card that has now gone to sheriff officers to handle an extract for payment because they did nothing, However one can expect the bank to turn round and say they never received the summons like what happened to me with CITI ( you can see that story in its own CITI thread ) anyway again best of luck

[delboytrotter]

One other thing, they ahve already paid me £480 which i duly accepted as part payment only and i adviced them by letter of this, and follow up phone call, how do i remove this, do i still keep my totals showing interest etc and at the bottom remove the £480, i also have a £270 refund from them several years ago which i have removed from the spreadsheet

Cheers

[texel]

I would keep my totals but then at the bottom show aminus of the £ 480 you received Eg. total ----- EG £1230.00 already received £ 480.00 Now due £ 750.00 That should do it

[delboytrotter]

One more thing...sorry i feel thick even after reading loads about this....is it ok for me to serve on the local branch my account is with..i would rather use a local sherrif officer aand i dont fancy trying ot hunt one down in Edinburgh then get the stuff to him etc etc....

[texel]

You can use the local branch. But if you need a sheriff officer Iuse Scott & co they seem to have offices every where. I sued BOS Dunfermilne and Scott sent the papers to Edinburgh head office they know what they are doing and it sure helps and also saves time. if you need an address let me know