Dusary v Bank of Scotland

[Dusary]

Hi,

I've just joined here - and am doing as I am told - writing something in the Welcome section.

 

I need to sit down, though . . . .

 

I've just totalled up all the charges (incl Interest) on my 2 (former) Bank of Scotland accounts and then, using the Moneysavingexpert.com calculator I have learned that the Charges + Interest owed me is a STAGGERING £25,864.38

So, I'll have to proceed carefully!

 

Dusary.

[livelylad]

What interest rate are you charging ?

[GaryH]

STAGGERING £25,864.38

Wow! That is a big 'en!!

So, I'll have to proceed carefully!

Indeed you shall. You'll more than likely be in the Multi-track, which is good - becouse it means the bank would have to disclose all sorts of sensitive information if they wanted to defend - but it also means mistakes could be extreamly costly.

 

I suggest you have a good read around the site, and especially gen up on the legal principles regarding penalty clauses as much as you possibly can.

 

When your ready to start, we'll all be right behind ya!

 

Oh and also, in addition to LL's question, what charges are you actually claiming? Monthly account service fee's are not claimable. It's only the charges imposed for breaching your agreement that are claimable - I.e. Unpaid DD/SO/Cheque, OD excess, Unathorised borrowing fee's, etc. Apologies if you know this already, its just with a claim that size its important to ask these sorts of questions.

[Dusary]

Hi Gary,

Thanks for responding.

I will read up (carefully) - but I have noted that amongst the charges were charges relating to "RELATED FEE - £95" and "Availability Fee(s) - £20" a throw.

 

I have ignored - rightly, as you have hinted, the monthly account(s) fees.

 

The interest rate has been calculated via the *moneysavingexpert.com* table.

 

? ? ? Multi-track ? ? ? Wass'at?

 

Graeme

[Michael Browne]

See here:

Fast track and multi track

[Dusary]

Thanks for that!

 

Printed out - in case I need to take *things* further!

[MARTIN3030]

Hi your posts moved here into Bank of Scotland forums.

[Dusary]

Thanks, Martin.

 

I am VERY new to this forum - and realised (this morning 05:30) that there were specific threads for individuals.

 

I see that Michael suggested *FASTTRACK* / *MULTITRACK* - but I guess that applies to English County Courts and I am domiciled in Scotland.

 

I will see what others have written about Scotland and consult the govanlaw site as well.

 

I'll keep you all posted.

 

GaryH asked me to make sure that it was only "Unpaid DD/SO/Cheque, OD excess, Unathorised borrowing fee's, etc" which I had included. I think that it is.

 

Dusary

[GaryH]

Morning Graeme,

 

The fact that you're claiming in Scotland does complicate matters slightly. There are different rules regarding how much you can claim in one action. In England and Wales, 0 - 5k claims are generally heard in the small claims track, 5 - 15k usually goes into the fast track, and 15k+ goes to the Multi-Track. The different tracks each have different procedures - basically the higher the track the more complex the procedure and the more disclosure is available.

 

In Scotland, the small claims limit is only £750. Claims between £750 and £1500 go into whats called "Summary Clause" (which I assume is equivilent to the Fast Track), and any claim over £1500 cannot be conducted by a litigant in person (I.e. you) - you'd need to employ a solicitor instead.

 

So obviously this is going to pose a bit of a problem for you. Many claimants in Scotland have claimed through the English Courts, and I think this may well be your best bet. Its something we'll need to look into anyway. I'm not conversant with the Scottish procedures, but there are a few here that are, so I'll seek their advice.

 

In the meantime, there is nothing stopping you starting the process by sending your preliminary request for repayment letter alongside a schedule of charges. Another thing to note is that despite what you may have been advised on MSE, you do not add the 8% interest to your claim at the first stages. The 8% is the rate which the County Courts Act allows you to claim on to of any money you are owed when you file a County court claim to recover it - it therefore should not be added before the court claim stage.

 

Oh yeah, and if you haven't already, make sure that you read the FAQ's and Step by step instructions as well as some of the threads in the HBOS successes forum - this'll give you a good idea of what you can expect.

[Dusary]

Thanks Gary.

I knew (from moneysavingexpert.com) that the procedure re claims in Scotland was much more complicated.

It would be easier to go through English Courts, but since I am domiciled in Scotland - that doesn't seem an option open to me.

Thank you for the warning re: NOT adding interest at this stage. I'll go and look at the Facts section here again and the Library for the LBA template. The MSE site did say to add interest. So, I'd better be sure of my facts and read up a bit more here.

Since the sums of money are so large - precluding MY acting as litigant - I'd assume that any solicitor's costs would be covered by costs awarded IF it actually went all the way to Court?

 

Cheers for all the helpful advice that you guys are giving us. It is much appreciated.

[GaryH]

Yes, I would think so.

 

I'm going to get someone who's more clued up on Scottish procedure to come and have a look at your thread.

[Dusary]

Thanks.

 

I'm in touch with another HBoS customer (via MSE) - I've suggested that she come here. This Group is MUCH more helpful than MSE.

[GaryH]

MSE's ok for the basic's, but I certainly would'nt advise anyone to file a court claim using their templates/methods. I've lost count of the number of claimants who have been threatened with strike outs by the courts as a result. I also think its fair to say that we are far, far better equipt to guide you through the later stages of the process.

[sea-sidelady]

Hiya Dusary,

 

Like Gary says, stick to this site. There is more help here and so many people can help you through this. At that amount the last thing you want to do is make any mistakes.

It looks like you have the right guys helping you, so please read read and read some more on this site. I wouldnt even bothernow with the other site. Use the letter templetes from here.

 

This should cover most things...

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

 

Dont forget, there are no daft questions, just daft mistakes..!

Good luck:D

[Dusary]

WOW!

 

You guys are great!

[Dusary]

Just been into a local branch and ordered the statements for the 2 a/cs - PRE-DECEMBER 2000. Very helpfully faxed the Head Office and the guy promised me he'd get back in touch, prob tomorrow (April 11th: 2007). I offered my £10 for the two lots of statements, but he wouldn't accept it until he KNEW for certain that I'd get them.

 

He did let slip that he was doing this quite a lot (must be the canny Scots in Aberdeenshire!).

 

I wonder - should I include in my huge total of charges something which appears at the month end of each batch of statements and is called "Account Maintence Charge" (whatever that is!) ? ? ?

 

Anyone else in dispute with HBOS included "Account Maintenance Charges"? - Thanks.

[Bigmac versus]

Wow thats a lot of claim, will have a look later tonight.

[Bigmac versus]

Is the account maintenance charge there when you go OD the previous month or is it there every month even when you have had a positive balance for the whole month, if it is the latter then it could be an account fee which you cant claim for, if it relates to charges accrued then it is claimable.

If you were to claim using a solicitor and won you may not get all the costs you claim for.

Have you considered making a complaint through the FOS?

They can get your charges returned to you without the need for any court action.

[Dusary]

Thanks Bigmac,

 

It seems because of the hefty shed load of charges that the FOS will be the route I take - unless, of course, HBOS stump up immediately! ROFL.

 

The A/C Maintenance Charges appear monthly when I was overdrawn. £2.50 a throw. I've started a new thread regarding this - but I suspect I know what the answer is already - INCLUDE them!

[Bigmac versus]

If they are charged solely due to going OD it is itself a charge and can be claimed, however 2.50 a thrown is a little amount so to make sure isnt an account fee that is in respect of benefits you recieve i would suggest calling the bank to confirm.

Id agree the safest route would be through the FOS.

[Dusary]

Thanks.

 

I WILL call them - and find out EXACTLY what Account Maintenance is.

 

Once I get my 20 years' statements and send off the first letter - I'm up and running!

[suzieblooz]

The account maintenance charge is £28, this is charged at the end of any month you have been overdrawn. So as well as charging £39 for bouncing an item they then take another £28 at the end of the month! £25000 is a staggering amount. Good luck with your claim.

[Dusary]

The account maintenance charge is £28, this is charged at the end of any month you have been overdrawn. So as well as charging £39 for bouncing an item they then take another £28 at the end of the month! £25000 is a staggering amount. Good luck with your claim.

 

 

Thanks for that.

 

"£25000 is a staggering amount."

 

Using the spreadsheets here - I've discovered that I was a little "OTT" (The Bank has sent duplicates of some pages - it only emerged when I was entering the dates in the WIZZ of Spreadsheets).

 

The actual amount seems to be a mere: £19,388.

 

 

Still . . . It's well worth going for.

 

Incidentally, the nice guy at the Branch who e-mailed off asking for 20 years' statements hasn't got back to me. I wonder why?

[Bigmac versus]

The actual amount seems to be a mere: £19,388.

 

PMSL, is this amount before the juducial interest?

[Dusary]

The actual amount seems to be a mere: £19,388.

 

PMSL, is this amount before the juducial interest?

 

Yes. I think so - it is the amount that I came up with using the Excel spreadsheets here. Altho interest is added (...dates offence occurred column .....) - the judicial interest has not been added..... I think!