davidscullion vs BOS

[davidscullion]

Here we go!

 

DPA in the post today 30/03/07

 

Also i am considering wether to post this leter or not:

30th March 2007

The Bank of Scotland

The Mound

Edinburgh

EH1 1YZ

 

Dear Sir/Madam

 

Penalty & unfair charges – request for refund for [xxx]

 

This charge was made in relation to a direct debit which was returned unpaid. I have just moved house and have had a lot on my plate and as such forgot to make sure I had enough money in my account to cover the direct debit detailed below.

 

My total requested refund for unfair charges is £39.00.

 

Transaction Amount Charge Type Charge Amount Date of charge debit

XXXXXXX £xx.xx Failed Item £39.00 28th March 2007

My branch was apparently unable to refund these unfair charges. I was given the advice to contact the telephone banking service and not to mention the fact that I had tried in branch to get these charges refunded. I feel that this was just my branch trying to fob me off and therefore avoiding the issue completely. I spoke to Xxxxx at the Paisley south branch on the 27th March 2007.

 

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 – online here:

The Office of Fair Trading: Current credit card default charges unfair).

 

The OFT stated that a charge is not fair simply because it is below this sum, and I believe that a reasonable charge would be 50 pence for the reasons set out below. Please refund my charges as a matter of urgency.

 

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

 

Separately, I am of the view that your 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.

 

Your charges do not reflect any actual loss; instead they appear to represent a lucrative profit-making scheme. In particular, charges were applied after I entered into a transaction(s) without sufficient funds in my account. However, payment was declined by you, and therefore, actual loss is the cost of automatically sending me a computer generated letter. I would respectfully submit that is valued at no more than 50 pence.

 

UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 – online here:

http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/ 27405.htm).

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. No-one has had to look at my account or telephone me. No one has had to collect anything. 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 out with, the UK).

 

Please refund all charges applied to my account within the next 14 days. 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.

 

Yours faithfully

 

 

 

XXXXXXXXX

 

 

 

 

I cant really affors to wait for this charge to be repaid so do you guys think that this would be the best route to take? I think it should end up with a speedy resolution based on what ive read here in the forums.

 

The charge summary looks a bit silly but it's in a table on the original document. you get the rough idea what im talking about.

 

 

 

Any thoughts?

[jowalshy]

I had a letter the other day informing me that they had paid an item from my account when it didn't have cleared funds in it. they charged me £30. I just phoned the telebanking people and explained the situation (didn't mention the claim for six years) and asked politely for them to return it. They did. You could always try that approach it might work for you aswell.

[davidscullion]

It's worth a shot. I didn't even bother with it since i thought the guy was talking rubbush. I'll let you know how i get on!

[jowalshy]

good luck. Be nice and sincere.

[davidscullion]

Looks like i wasn't just being fobbed off after all! Just had the charge refunded as a good will gesture by the girl on the telephone banking service.

 

Thanks for the info Jowalshy!

 

1 - 0 to me, looking forward to receiving my statements!

[jowalshy]

Well done david, now just sit and wait for your info to turn up and then hit them with your claim. Good luck and keep us posted.

 

Jo

[davidscullion]

My DPA was recieved at the banks office on Monday morning. Thier 40 days start now!!

[livelylad]

My DPA was recieved at the banks office on Monday morning. Thier 40 days start now!!

Use the time to read through the FAQS and the step by step instructions, this will prepare you for later.

[davidscullion]

Day 29: Still no statements. Am really hoping they will arrive soon. They've not even cashed my cheque yet!

[davidscullion]

Well, still no statements.

 

 

Ive sent them a lba regarding the statements and the time for that runs out tomorrow! I was hoping not to have to deal with the courts untill it was about my money, not just my statements. Would anyone suggest i just wait a bit longer or should i file my court papers regarding the breechof the data protection act?

 

Thanks

[sea-sidelady]

Did you send them recorded delivery?

If so you can check on the royal mail site if it has been delivered. We recomend this type of post.

 

Have you tried phoning halifax?

[davidscullion]

Finaly received my statements today, spent 3 hours trawling through them and came up with the figure £1571.50. Cant wait to get it all back!!

[Dusary]

First:

1) From my experiences - it pays to send everything REGISTERED - not RECORDED;

 

2) Send all correspondence to:

 

HBOS plc

Trinity Road

Halifax

HX1 2RG

 

Good luck!

[davidscullion]

if i go through hbos plc does that mean i can claim in england and get around the £750 limit imposed by the scottish small claims court?

[Dusary]

EXACTLY!

 

You could do it via MCOL (with either a friend or family member's address in England - or open a PO Box in England - ) which is what I'm going to do

[davidscullion]

Open a PO Box in England then get it forwarded on to me? Thats a great idea!! i take it that even though i have been using my address here in scotland for all the previous letters that wont matter? ITs only the address you put into mcol that matters? Would love to get arounbd this £750 limit. Could i also go back 6 years if i open a po box in England or would it still just be 5 years for me? IF i can go back 6 years than i can claim another £275!

 

Many thanks

[davidscullion]

Recieved the Were sorry... the charges are correct and still stand letter this morning from them. Time to LBA them!

[Dusary]

Correct!

[davidscullion]

Looked into the po box option and its way too expensive. looking at over £100 for the box and forwarding and just to get another 200 quid? I think i will just go through the scottish courts for the full amount. My cousin is a lawyer and he says he will help me for free should i go to court. It is a good idea though for people who can affoard it!

[Dusary]

My cousin is a lawyer and he says he will help me for free should i go to court. It is a good idea though for people who can afford it!

 

Now, who's the lucky one?

[davidscullion]

Update Time:

 

Recieved both sets of statements for me Student and Current Accounts and have sent off my LBA's after receiving the standard 'Your not getting anything from us' letter.

 

Credit card is a different matter, i recieved only jan 01 to oct 02. I lost my card in oct 02 and since i only asked for my old card number and not the new one then thats all they sent my. Watch out for that one!!