johnie depp v bank of scotland

[jowalshy]

LBA = Letter Before Action, You can find it in the bank tempates library. It basically gives them 14 days to repay the charges and if they don't you will pursue the claim through the courts.

[jowalshy]

Your welcome johnie. Good luck with your claim.

[johniedepp]

so far recieved no replied to my initial letter, checked the rec delivery had been delivered and it was recieved on the 13th so its now onto the "ignore" template letter giving them 5 working days to reply or I will complain to the financial ombudsman that they have failed to reply to my complaint.

posting it today so 3rd letter will be due to besent on 28th mar will keep an update if anything else happens in between

 

cheers jd

[jowalshy]

Many of the banks are being swamped by the prelim letters and many people do not get any response at all. If you have proof that they received your prelim letter, then count 14 days from the date of that letter and then send your LBA. As long as you have proof of them having received your letters, just stick to the timescales.

 

Prelim 14 days

LBA 14 days

Claim

[johniedepp]

thanks jowalshy forkeeping me right, in my prelim letter the template said they should reply within 7 days of reciept, i'll give them to the 28th as by that time it will be 14 days since the prelim letter, and i'll then send off the LBA ivereally got the bit between my teeth and am definately going the full way

 

cheers jd

[jowalshy]

You're welcome jd, just keep reading as many threads as poss to keep you up to spead with all that goes on. If you have any problems just ask.

[johniedepp]

Recieved letter today dated 20th march stating "that we are sorry to learn you are unhappy etc...... and that the Financial Services Authority gives them 8 weeks to investigate and respond to complaints?

 

Any advice on whether I should wait till then or press on with original deadline as set out in the LBA.

 

Cheers JD

[edthescreamer]

carry on johnie you set the timescales not then.looking at other threads this seems to be the standard letter to delay the final outcome and keep your money longer.

 

ed

[aldav45]

 

Yep, agreed. Carry on and stick to your timescales johnie. When they say in the letter "Financial Services Authority gives them 8 weeks to investigate and respond to complaints" that means any complaints. You dictate the timescalce not the bank.

 

(as joewalshy said)

14 days prelim approach.

14 days LBA.

File claim in court. (doubt it'll go that far with hbos)

 

Don't take the first offer they give you if it's not the full amount (or as close to it as you're willing to settle). They know that if you go to court you'll be adding on 8% interests and they'll have to pay costs as well as paying you the full amount. They'll back down and offer you the lot..

 

Good luck and I'll keep you updated on my claim 'cos we're at similar stages:grin:

[johniedepp]

thanks guys appreciate the support it helps give me confidence to go full way, hopefully when ive came through this i'll also be able to help some others get their cash back.

 

power to the people

 

JD

[jowalshy]

Hi jd, I received a letter the other day saying "sorry for not getting back to you, still investigatin etc." but the day before I received an offer from them (didn't accept as it wasn't the full amount)

 

Keep to your timescales and good luck

 

JW

[jowalshy]

Ooooooooooops. Wrong bank. The post above relates to another claim with HSBC. Sorry....lol.

[johniedepp]

Hi Guys looking for some help I'm now beginning to prepare my LBA in a template from the Library Some questions I have are The LBA begins with stating that I am very disappointed that you have failed to respond to my letters of the 09/03/07. But they did respond saying they were justified in their charge etc.?

also it says "I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

How do I work out the overdraft interest or is this the 8% calculated on the spreadheet. Sorry if this sound a bit stuoid but I'm reaaly not sure if this is the correct template letter for me

 

 

JD

[jowalshy]

Hi jd, you need to rework the letter to suit you. State that they have not replied satisfactorily to your letter.

 

The interest is not the 8%. If you use the advance spreadsheet in the templates it will take you through how to claim the interest you have been charged on your charges

[johniedepp]

Cheers jowalshy, I'll have a look and get back to you

 

JD

[johniedepp]

where can I find the "advanced spreadsheet" I've had a look round and cant see it

 

JD

[jowalshy]

It is in the bank templates library No 6 Interest calcuation spreadsheets. Click on England Advanced - Excel . Save it and then fill it in. There will be the instructions on how to use the spreadsheet on the left with the actual parts for you to fill in on the right (pretty blue and yellow colours on it) If you still can't find it, pm me your e-mail address and I will e-mail you a copy of the one I have.

[johniedepp]

hi jowalshi found the spreadsheets THANKS

 

Now I'm started im a bit confused.

in the interest columns it has not calculated interest for some entries and the total interest for £2600 claim is pushing the Fig Up to £25,332 ????? must be doin something wrong

any ideas

 

I could PM you if that helps

 

Cheers JD

[jowalshy]

wowwwwww! sounds very good but I don't think its correct. PM me and I will have a look to see what you have done.

[johniedepp]

cheers jowalshy have now sent the spreadsheet

 

JD

[jowalshy]

Hi JD, Did you send the spreadsheet? Only message in PM box. I have PM'd you my e-mail address so you can send it that way.

[johniedepp]

Hi Guys having probs with the scottish version of bank template letter the english version seems to calculate the interest fine, is this a problem anyone else has encountered or should I ignore claiming with interest and stick to claim for charges + judicial interest

any advice would be apprieciated as I'm sending my LBA tommorow

Cheers JD

[jowalshy]

Hi jd, You have to work out whether it is worthwhile you claiming the interest at this stage or whether to claim the 8% at MCOL stage. I personally worked out my interest to be only about £20 so therefore didn't bother. If you were in credit at the time of the interest being deducted from your account (which in my case I was), the spreadsheet shows a big fat zero to claim back. The decision is entirely up to you.

 

Good luck in whatever decision you have made and keep us informed on how it goes.

 

Take care

 

Jo

[johniedepp]

HELP PLEASE can anyone advise on scottish complex spreadsheet as when i try to use it it will not calulate the correct sums for me? the english one seems to work fine? need this for my LBA tommorrow so ANY HELP BEFORE THEN WOULD BE GREAT

Cheers JD

[johniedepp]

I wasnt in credit at the time the english template calcs it at around £500 so can I claim both the interest and the 8%??????