inthered V Bank of ireland

[inthered]

Hi All,

 

Just wanted to let you know I've started the ball rolling with claim against the BOI. I sent the template letter requesting statements for past 6 years and I was suprised to have received them in a few days (should I be worried). I've calculated the total fees/referral items and sent the claim hoping for the best.

 

***HOWEVER***

 

With adding the total fees and referral items the total amount came to approx - £5000!!!

 

I know I can only claim upto £2k via small claims court....can someone tell me the procedure for me claiming more as I feel a bit out of my league here with such a claim?

 

Anyone else been successful with BOI or a large claim???

 

Have I been wrong in adding the total fees and referral items....should these have been broke down further or will this be looked at by bank/court?

 

Any advice appreciated:confused:

[inthered]

Any advice at all ?????

[xlr8r_y2k]

firstly make sure of the fee's you are claiming, I'm claiming against the frst trust and can't calim on everything charged on the account, what I could calim for was as follows -

 

First Trust Bank

Fee-unpaid D/debit

Fee-unpaid Out

Fee-unpaid S/order

Referral Charge

Unpaid Cheque Fee

Unpaid Fee

 

Also after a bit of checking I can't find a specific list for the Bank of Ireland but here is an example for another Norn Iron bank

 

Northern Bank

Referral Fee

Unpaid Charge

Warning Letter

 

hope this is of some help

[fiford]

Look further down this board for pmcmurrough v bank of ireland. He and a girl whose user name I've forgotten are heading up the fight against BoI.

If you read his thread, you'll see that the bank seem to be taking him on. The judge has set aside a full day to hear their claims on April 16. The NI Consumer council seem to be being very helpful. I'm waiting to see the outcome of that case before proceeding.

 

Like you, I'm claiming more than £2k. I think you have to break it down into separate claims, do it in stages.

 

It's all a bit confusing isn't it?

fiford

[inthered]

Yeah, its turning out to be!!!

 

Thanks guys for the advice.

 

The problem I have is that I cant find a breakdown of the individual charges - seems to be either notified fees, referral items or interest. I cant see where it actually states what the charge is relating to.

 

Should the bank provide this info??

[lickthewallfatboy]

they should provide info in a way that is easily deciphered by the consumer.They cannot hide behind jargon.If you're not sure about something,take a few statements into the bank and get them to explain what it all means

[inthered]

I have already sent the letter to claim for the charges (not broken down) which is the total of fees and referral items incurred.

 

Is it too late then to break these down since I have already sent the letter or should I still be able to break it down if/when they reply objecting to them?

[noomill060]

You should also be claiming back all the COMPOUND INTEREST which BOI scammed you into paying them.

 

This is an unlawful penalty charge, on top of an unlawful penalty charge!

 

If you have family or friends in England, you can take them to court through the English courts system, which has a far higher upper limit on small claims- £5000.

[noomill060]

You can work the compound interest out quite easily using this:

 

Compound interest calculator

 

For instance- a £30 charge for a bounced direct debit on this day in 2001, at 17% interest would have cost you by now 83.81!

 

So would you add the £53.81 to your claim.

 

See what I mean?

[inthered]

Thanks for the advice NooMill!!!

[inthered]

Right - Received reply this morning from BOI!!!.........copied most of it, might be helpful to anyone else with BOI

 

"We are satisfied that all our charges are fair and equitable and are clearly articulated in our terms and conditions a copy of which have been provided to you at the time of account opening and on an annual basis thereafter."

 

"In recent press coverage regading unlawful charges, the coverage relates to default charges that are applied when an account goes overdrawn without the bank's prior agreement. When this happens this is a breach of the terms and conditions agreed at account opening and this results in the application of unpaid/or referral item fees as outlined in the Schedule of Charges. We have looked at you account and according to our records and the statements provided the total sum of default charges applied to the account is £3,173.20."

 

"Therefore, we are prepared to pay you the sum of £500 (including interest) in full and final settlement of this claim. This offer remains open to you for 30 days from the date of this letter. To confirm your acceptence on this basis, and your agreement tomaintain absolute confidentiality in respect of said settlement."

 

"If you remain unhappy with this response, you can refer the matter to the Financial Ombudsman Service details of which I enclose. Should you wish the Financial Ombudsman Service to review your complaint, you may refer this item to them within 6 months from the date of this letter."

 

My original claim was for just over £5k...however, I mistakenly did not break it down properly. Either way I find a settlement of £500 when I've been charged over £3k a bit poor (although it is money well needed at present!!).

 

Going by what the are saying, they sound pretty confident that they're charges are lawful and that I have agreed to them as Im sure everyone has when opening an account.

 

Any advice anyone.....has anyone got a result from the BOI yet???

 

Should I speak to the Ombudsman??

[inthered]

Spoke to Ombudsman - They have advised that most banks do not make an offer unless confident and secure that they're charges are lawful. They have also said that due to amount of claims they are dealing with that it could take upto 3 months to get a response or result. I explained that we only had 30 days to accept offer if we were to take it. HOWEVER according to Ombudsman, if we proceed with them they can enforce the £500 payment when they're enquiry is finished (whether we are entitled to more or not).

[mcvey123]

Hi

 

just to let you know that you can pursue this in n.i but in the county court rather than the small claims

 

I have had a settlement of 1372 in full today from b of ireland, not because I pursued them in court ( i did this but it was adjourned awaiting the oft report) but because I reported them to the fin ombudsman

 

 

threaten court action and report them as well. good luck

[inthered]

Thanks mcvey.......have already reported to Ombudsman who are going to investigate!!

 

Fingers crossed:!:

[noomill060]

Note that nowhere do they try to claim that their charges are LAWFUL- this is the crux of this whole campaign. They are not lawful and you are entitled to start legal action to recover all you money.

 

Reporting the matter to the Ombudsman is one solution and of course there is no reason why you may not take legal action against the bank.

 

The Ombudsman's decision in binding on the bank, but not on the consumer.

[jackster77]

Hi there inthered

 

Did you also claim for notified interst on your account???

- this is interest that you pay if you go over your authorised overdraft limit- whereby if you don't go over your overdraft you don't get interest charges but if you do go over your limit you get charged on the whole amount you were overdrawn not just the over your limit amount overdrawn

 

just looking back through my old statements and I got charged 15 for this on one occassion - but they very kindly refunded it without me asking them too

 

Makes me feel very guilty about claiming the rest of my money back (aye dead on lol)

 

anyway keep me posted re your settlement I'll be sending my prelim in about a week I guess - and I'll keep you posted how I go

[inthered]

Yeah Jackster....have claimed interest also.

 

As it sits, I have Ombudsman looking into my claim and have sent a letter to BOI informing them of this and that I will NOT be accepting their offer!!!

 

Hopefully will all go well:|

[jackster77]

Hi inthered

 

was wondering if you were any further along with your claim??

 

Jackster77

[inthered]

Well guys,

 

I woke up this morning to a letter from the financial ombudsman. I got a reply from them on Thursday informing me that they had sent a letter of investigation to the BOI and that it may take upto 3 months for any sort of result.

 

After reading this on Thursday, you can imagine my suprise when I read the letter this morning informing me that they have received word back from BOI stating that as they do not wish to be investigated any further, they are offering final settlement of the FULL AMOUNT of £3265.50

 

RESULT!!!!!

 

I didnt think for a second that after being offered £500 previously by BOI that I would have any chance of getting any more from them.

 

BIG THANKS TO THIS SITE FOR THE INFO AND SUPPORT AND A BIG THANKS TO THE FINANCIAL OMBUDSMAN WHO WILL BE ON MY XMAS CARD LIST THIS YEAR!!!!

 

:D :D

 

This obviously shows there is a real case as they were willing to pay over £3k to prevent any further investigation (peanuts to a bank).

 

GOOD LUCK TO THE REST OF YOU!!!!

[inthered]

Could someone please move this into successful claims thread.

 

......or can I do it myself?

 

thanks:)

[jackster77]

congratulations inthered

 

I'm sending of prelim today for £1337

[inthered]

Good luck Jackster, hope yours goes as straight foward as mine did.

 

Let me know how you get on:)

[jackster77]

hi inthered

 

got a letter from BOI today tellin me they had 8 weeks to resolve my complaint uner FSA guidelines but hope to respond to me by 8th June 07

 

I take it this is a load of baloney??? and I should stick to my own timetable??

 

jackster

[bally35]

oh aye stick with your own .Like First Rust they actually paly this game .If you wait the full 8 wks the final response is sod off.

Take them to court and they pay up!!!!!

Hardly abides by FSA rules on Treating Customers Fairly