johnie depp v bank of scotland

[aldav45]

Hi JD sorry I can't help, I'm only applying the interest at the court stage not before. Sorry matey..

[jowalshy]

Hi jd, What is your spreadsheet doing? You can claim the interest worked out on the spreadsheet but the 8% at MCOL stage.

[johniedepp]

LBA sent today.

I fully expect to go the full road and am totally up for it, keeping to schedule suggested in the templates, thank's to everyone for the great support from in this forum,

I'm very confident about pursuing this to the template time scales and hopefully it will put some pressure on the banks to respond in a fair amount of time rather than their time scales.

Thanks to this forum I feel confident about going all the way and really would like to challenge them in a court of law whether the charges are in fact legal, I am so confident and am actually looking fwd to day in court

JD

[johniedepp]

Hi guys, i only managed to get my lba away on the 5-4-07, few days late now on my timescale but keeping the pressure on, problem is ive checked the rec del no' at the PO website and its been delivered from their leeds office? last letter went to edinburgh? any ideas why it should go to leeds as it was posted to dumfermline customer services

 

cheers JD

[johniedepp]

received a letter this morning blah looking into my concerns and are still investigating my complaint, blah I will receive a response no later than 11/05/07 it also states that the complaints leaflet they sent previously explains how they will handle my complaint, they also have issued me with a reference no' for future correspondence,

Q. should I just let the time frame they are stating to investigate or should I start court proceedings as planned.

thanks JD

[aldav45]

received a letter this morning blah looking into my concerns and are still investigating my complaint, blah I will receive a response no later than 11/05/07 it also states that the complaints leaflet they sent previously explains how they will handle my complaint, they also have issued me with a reference no' for future correspondence,

Q. should I just let the time frame they are stating to investigate or should I start court proceedings as planned.

thanks JD

Hey JD hows it goin .

I got exactly the same letter a few days ago but I've already filed my papers with the court. Just ignore it and stick to your timescale. The only reason they sent you that letter is because they're obliged by the FSA to update you on the progress of your complaint (although it isn't one) evey 4 weeks.

Good luck, hope it all goes well.

[johniedepp]

Thanks aldav45 hope yours goes well too watching yours with interest as im not sure when and what to do at the court stage as mine will be around 20/04/07 so i may need some advice from you around then

good luck

JD

[aldav45]

Thanks aldav45 hope yours goes well too watching yours with interest as im not sure when and what to do at the court stage as mine will be around 20/04/07 so i may need some advice from you around then

good luck

JD

 

no probs anything I can do to help just gimme a shout;)

[johniedepp]

hi aldav, hows it goin, quick question when it comes to the court stage do I need to go to the court and pick up papers to start a summary clause?

Cheers JD

[aldav45]

hi aldav, hows it goin, quick question when it comes to the court stage do I need to go to the court and pick up papers to start a summary clause?

Cheers JD

 

I got mine from the net here: Summary Cause

 

You'll need form 1 and 1b and you can find a guide to fill them in here:

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

(the clerk in the court advised me to amend the last part of my statement to say that "The bank has a branch in XXXXXXtown the address being XYXYXYXYX and therefore it falls under the jurisdiction of this court)

 

I filled them in, printed them out (keeping a copy of both for myself) and then filed them at the Court. It was £39 and they took about 4 working days to send them back to me. I then took them to a Sheriffs Officer and he charged £17 to serve them for me (you need to do this with a summary cause because you cant serve them yourself). I've got a return date (1 week before the case is actually heard) and a court date. The clerk will put them on the form for you before they send you it back.

Remember all you need is form 1 and 1b but don't forget to enclose 2 copied of the schedule of charges you sent with your prelim and LBA and I'd recommend the word downloads as opposed to the PDF's 'cos they're easier to work with.

Good Luck JD let me know how you get on. If there's anything I can help you with just give me a shout:D

[johniedepp]

cheers mate great support as always

JD

[johniedepp]

Just been on the FOS website

If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.

This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.

I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.

Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.

Any advice please at this stage would be appreciated.

 

cheers

 

JD

[johniedepp]

For claims in scotland over £1500 and the worry that subsequent claims may be rejected

 

 

 

Just been on the FOS website

If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.

This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.

I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.

Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.

Any advice please at this stage would be appreciated.

 

cheers

 

JD

[johniedepp]

Hi guys here's the letter i have prepared for the FOS i think it also gives me the opportunity to claim further back than 5 years in Scotland plan to send it off on 15/05/2007 as that will be 8 weeks to comply with FSO rules

 

Dear Sirs,

 

I am writing to complain that the Bank of Scotland has refused to refund all the unlawfull charges it has taken from my bank account,

 

In October 2006 I requested back statements for my current account.The back statements you/they supplied to me in October 2006 show I have been charged numerous excess overdraft charges and account maintenance charges during this time as a penalty for exceeding my agreed overdraft, from March 2002 to October 2006 during which time I accumulated charges/penalties on my bank account totalling £2632.

 

The back statements you/they sent to me date back to April 2000, charges applied to my account from April 2000 to march 2002, total £1280

 

April 2000 to March 2002 = £1280 in penalty charges

March 2002 to October 2006 = £2632 in penalty charges

 

Making my total claim £3912. For unlawfull charges made on my bank account

 

The above charges were deducted from my Account as a result of going over my agreed overdraft limit for a few days each month, until my salary was paid into the account.

 

In my view your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

 

I requested that you/they please refund these charges to my account within the next 7 days. Or I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses and any interest due.

On a separate note, I am of the view that your thier charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

Yours faithfully

 

Johnie depp

[johniedepp]

I have prepared the letter so it can be edited and sent to the FOS and BOS

 

Jd

[johniedepp]

Hi guys SPITTING MAD I received a letter today from Rachel Eames in Customer relations, BLAH Sorry BLAH Why you havebeen charged Blah Howcan we help in future BLAH BLA BLAH Anyway the outcome of my complaint

"I am sorry to advice you that I am declining your complaint, I hope I have explained the reasons for my decision.

"You recently recieved a copy of our leaflet on complaints proceedures. should any of your concerns remain unresolved please let me knows what you would like me to do to put matters right"

UNRESOLVED YOU OWE ME 3K!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!TO PUT MATTERS RIGHT GIVE ME MY MONEY BACK!!!!!!!!!!!!!!!!!! Getting mad again sorry:mad:

We are keen to resolve your concerns however if we are unable to do so we'll provide details of how to contact the FOS for help, If I do not hear from you within the next eight weeks I will assume you are happy. Yours sincerely

Phoned her this morning Line Engaged for 35 mins must be busy I thought! eventually got through Rachel who seemed to understand that this was a stalling tactic and that I was still unhappy she would be putting my case forward for a goodwill gesture review which could take up to another eight weeks, I stated that I would only accept the full amount and that their 8 weeks were up on the 11th I also said that the stements you sent me date back to October 2000 so when passing it over to the goodwill people!!!! I would like those unlawful charges refunded as well. Told her I was not prepared to wait the eight weeks again and would be complaing to the FOS on the 11th May as planned. asked her to send confirmation that this was their final offer at this stage, she said she would send by post as they dont have access to online banking?

 

Question is: As I'm going down the FOS route Should I accept that they are passing me fwd for goodwill gesture, and wait to see if the offer me full amount or should I complain to FOS straight away??

 

Any Advice Apprieciated JD

[aldav45]

Johniedepp, seems we're at the same stage again, I got exactly the same letter as you the other day. I have a court date for this month so I telephond for an update. I was told that they intend to defend in court.

Seems like they've changed their tactics.

[johniedepp]

Yeah mate seems like were in for a long ride but keep the faith, read about a guy in the Mail today took LTSB to court and they never turned up so won by default, no change there then but the judge also awarded him time prepping the case at 9 hrs @ £9.65 another vote in our direction i think so dont give up, I'm going to send this letter off to the fos today and hope for the best

 

 

 

 

 

 

complaint form

 

 

 

In October 2006 I requested back statements for my current account. The back statements they supplied to me show I have been charged numerous excess overdraft charges and account maintenance charges during this time as a penalty for exceeding my agreed overdraft,

Between March 2002 to October 2006 I accumulated charges/penalties on my bank account totalling ｣2632.

 

 

The above charges were deducted from my Account as a result of going over my agreed overdraft limit for a few days each month, until my salary was paid into the account.

 

 

In my view their charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. their charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

 

 

I requested that they please refund these charges to my account within the next 7 days. Or I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses and any interest due.

 

 

In addition to my original complaint as I was of the understanding that under Scottish law I was only entitled to claim back up to 5 years worth of unlawful charges, I only claimed for the amount of charges applied to my account during that time (March 2002 to October 2006), although the back statements the Bank sent to me date back to April 2000, during which time charges applied to my account between April 2000 to march 2002, totalled another ｣1280

 

 

April 2000 to March 2002 = ｣1280 in penalty charges

March 2002 to October 2006 = ｣2632 in penalty charges

 

 

Making my total claim ｣3912. For unlawful charges made on my bank account

 

 

 

 

On receipt of my decision letter on the 9th May 2007 from Bank of Scotland.

I telephoned the customer relations manager Rachel Eames, as I was a little confused by the letter they sent in reply to my complaint, as in one part of the letter it states that they are keen to put matters right and resolve any concerns I may still have but in summary she says that she has declined my complaint. I also wanted to confirm this was their final response to my complaint.

 

 

I was told that the letter I received was the final response from the bank and her decision was to decline my complaint, but if I was still not happy she would pass my complaint to another dept who would look at a gesture of goodwill payment ,which due to recent publicity in the media regarding bank charges , they are dealing with thousands of this type of complaint and could take up to another eight weeks.

I expressed my disappointment at no decision on a goodwill gesture being made at this stage and informed her that as the eight weeks had now expired I would be taking the matter to the Financial Ombudsman, to which she replied I have every right to do that and she would put my case forward for a gesture of goodwill payment.

I feel this is another way of delaying any proper decision making process within the Set time scale and is merely a way of ensuring they comply with the FOS rules by replying within he eight weeks to any complaint made against them, in my opinion the Bank of Scotland is only paying lip service to the financial code and is showing total contempt to the Financial Ombudsman Service guidelines

 

 

Yours sincerely JD

[helpme43]

Hi guys, after waiting the eight weeks I got exactly the same letter on Saturday. I also rang and they confirmed today i had been put back nto the pile for another review - absolutely no chance they would tell me how long this would ytake. i am about to file at Court - just msiing the £250 to get going! Have either of you any idea how long the FOS takes to review cases at the mo? As I'm going to go the court route this may be academic, but I'd be interested to know so I can do a reasonable comparison of the timescales.

[johniedepp]

Hi Helpme43

Their website says around 6 to 9 months So it will be a long slog:mad:

I feel as the courts are throwing out multiple claims in scotland its left me withy no other route at least I'll get it all back in one go, still confident and in for the whole hogg;)

cheers JD

[johniedepp]

Sent off my complaint today to the FOS will let you know of any developments

JD

[johniedepp]

hi guys

 

has anyone been through the FOS route recently and had a success, Or have any inside info from the service,

(I know the FOS website says they take around 6 to nine months to deal with a complaint,)

if I was them as well as charging the banks £400 for investigating these ridiculious attempts to hold on to our money,

I would be phoning the banks telling them to pay up or shut up. will keep you all up to date with any developments

Cheers JD

[johniedepp]

got a bit of a fright when i heard today that LTSB had won when a guy took them court yesterday, not to worrt though the bbc website states that this in no way sets a precedent and that if he appeals he LTSB WOULD MOST LIKELY NOT DEFEND

Keep the fight

JD