Scot needs help!

[Mamie]

wish I had checked it out before I posted it sorry if I was wrong

[Alpha]

I agree with T4ff endorsement of Seahorses idea and can't, in my naive opinion, see how it has any flaws. This would be an inventive way to speed up our process north of the border:mad: . Just out of a matter of interest, has anybody had a FOS ruling in their favour recently? Got excited about possiblity of 6 years worth of claims but not to worry something better than nothing!!

[dangler8]

T4FF, Alpha & Seahorse, OK some variation of this MAY be a direction to think about going, but contact with FOS might be best for advise. Another thought on this, if prelim and are SAR combined and bank takes 40 days to provide statements, allowing 2 days for calculating and posting. The first letter sent would have to be the 14 day LBA, taking you up to 8 weeks. Surely the banks would respond to FOS complaint as insufficient time to process claim.

[ecobabe]

hi all. i'm reclaiming my parents charges for them from rbs and it's ~£2,000. I live in scotland but am claiming thru english system and using Natwest's HQ address in England as that's where i got the statements from. got the idea when i complained to RBS in Edinburgh and got a reply from Natwest, i queried this and was told that Natwest took over RBS. My prelim and LBA went to Natwest and they replied with standard letter, so I will be issuing court claim there

[dangler8]

Thats quite an interesting idea.

[ecobabe]

I just send a covering letter with claim (this one is from my claim against BoS)

"I reside in Scotland butit is my understanding that The Civil Jurisdiction and Judgments Act 1982, as amended by the Civil Jurisdiction and Judgments Order 2001 applies to this case. In particular, Schedule 4 paragraph 8 of the 1982 Act (as amended) provides that as a consumer, I can raise proceedings where the company is domiciled, in this case England is where BOS, HBOS registered head office is seated and this is where I have directed and received all my previous correspondence regarding this matter.

 

Furthermore, it is my understanding that there is no clause in the terms and conditions with my contract with HBOS that confers exclusive jurisdiction.

 

In addition, if it is the case that exclusive jurisdiction applies; it is my position that this clause is an unfair term of contract in terms of UTCC Regulations 1999. Specifically paragraph 1(q) of Schedule 2"

[texel]

Why not just go to head office in the first place and save time because that is where your papers will end up anyway

[Atlantic]

I agree - I think aproach head office. The branch is a waste of time and is simply drawing out a process un-necessarily - especially as everything gets handled by head office anyway and all the branch do is forward everything onto head office in internal mail anyway....

[Seahorse]

It's a matter of protocol. You log a complaint at branch level first of all. (Yes, I KNOW they don't have the authority to refund any charges above about £50, in the case of RBS). They tell you sorry, can't help. In some cases, they may refer the matter upwards anyway. But if not? Your next stage is escalation to Head Office, which will be by way of your SAR. Pretty much 4 weeks will have likely passed by then, letting you give them a further 2 + 2 weeks by way of your prelim and LBA.

 

The whole point being to maintain an air of professionalism throughout the whole process. Not to just go blundering in shouting the odds from the word go.

 

I think I've pretty much made my thoughts clear regarding this, so no more debate from me. I'll pop back in a day or 2 once I have finalised some drafts. Then it's up to everyone as individuals as to whether they take it on board or go their own way.

[texel]

Seahorse; One does not need to go and shout the odds. But why waste time going to the branch you are only dealing with underlings even at headquarters you could still be dealing with underlings but you at least are saving time and also the banks time. The one time I dealt with the branch (CITI) I have ended up with all time wasters saying They had never received the papers even though I have signed receipts of recorded dely three in fact. Started back in Nov. Still not finished. Ended up with new case from Head office. So Don't tell me about protocal

[Seahorse]

The point is, you have all the time in the world. Well, 8 weeks anyway. Whether you approach head office or your local branch, you NEED to get that 8 week period started as SOON as possible. If you do it by way of adding it in with your SAR, logging it down at your local branch or whatever, it has to be done as early as you can. This is the point I'm trying to make.

 

And it doesn't matter what sort of runaround you've had. IMHO, you should always maintain the moral high ground. And all their nonsense about not receiving paperwork is so much bollix, and rather irrelevant. 8 weeks into your complaint, the FOS WILL take your complaint on board, irrespective of your bank's delaying tactics. So they can obstruct and plead ignorance all they want, it will not affect your claim process one jot. They make think they're being clever, but in the end, it boils down to the fact that they will have used up their own timescale, and will then have the FOS to deal with.

 

I'm confused at the reasons for a new case being required though. Had this happened with me, I'd have simply waited out the 8 weeks, then written to tell them that a compliant was in the post to the FOS based on your original first complaint. After all, you do have proof by way of your signed receipts.

[texel]

Seahorse; I did not have any option it was the court who decided when they heard from headoffice to give CITI a new trial as the first one they did not turnup so lost be default and when the bailiffs sent the Extract for payment to the original branch which was Sunderland on hearing nothing back, and not having jurisdiction south of the border sent a new set of papers to Dundee branch and they sent it to head office.

[Seahorse]

I think you've missed the point of where we're at then Texel. What we're trying to do is open up a simpler avenue for those who don't really have the option of going to court except as a very last resort because their claims are likely to take them into Ordinary Cause.

 

For folks with claims at, or likely to be, under £1500, I think the best course of action is still to follow the advice as per this forum, as court IS a realistic option in that case. Although even then, using the FOS should still be considered a viable alternative, as this will show the court that a reasonable attempt has been made to avoid using the courts and thereby wasting their time, should it get that far.

 

I hope this clears up a bit of confusion.

[isidore]

Personally, I don't think it makes a blind bit of difference WHERE it goes so long as it gets there. The key is starting your complaint at the time of the SAR. It doesn't matter if it goes to your branch, head office, or my branch so long as it gets there.

[Mamie]

seahorse my chum was down today with her letter from the ombudsman and it says on it she is going back 6 years with the RBS. I know the other post said they phoned them and they said scotland is 5 years so I dont know whats right and Im sorry if I have caused any confusion

[Atlantic]

Hi Rae May - it's late and I'm online too.....

 

Simply put - Scotland: 5 years, England and Wales: 6 years

 

The above only relates the the Limitation Act (i.e. how far back you can go)

 

As for *Small Claims* legal action: Scotland max claim is £750, England and Wales: £5000. However anything over those two amounts then if your claim isn't settled in preliminary correspondence with the bank it'll more than likely have to go to proper court. The good news is that the banks *cannot* allow a test case to go through - so you'll almost guaranteed to get your money before a formal court date is set....

[Atlantic]

Rae May - just a thought but you're hijacking Alpha's thread....... so could be good idea if you start a thread of your own as no doubt you'll ahve a tonne of correspondence and advice to give/ receive from all of us.....

[Mamie]

no I posted a reply page 2 of Alphas thread seahorse answered me and I was answering him back and I thought this is what I was doing please tell me if I put this in the wrong place and also I have my own threads

[Alpha]

Just a bit of an update - received "investigating your complaint letter" yesterday. LBA due to go in on Monday, getting drafted up now. We'll see what the next few weeks bring!!

[dangler8]

At least you got a reply Alpha, it would appear many people dont. Just hang in there and it will work out. If you dont receive anything by about the 7th week from date of prelim, then phone and e-mail them.

[Alpha]

Just thought I would give a quick update.

 

14 day deadline on LBA expired today. Sent e-mail to Sandy Watt querying current position, got standard e-mail back "will reply within FOS timescales....." So looks like, as I'm in Scotland and claiming for approx 5.5K, I'll just have to play the waiting game until 8 weeks are up, then contact FOS.

 

Better delay booking that holiday, just in case!!!!!!

[Alpha]

Well, guess what came through the letter box this morning? Letter from RBS, although they do not agree with my complaint will put just over £5,500 into my bank account as a gesture of goodwill!!!!! WHOO HOO!!!!!!!!!! Maybe I was a bit cheeky, but I'd had other charges since I started the complaint so I phd up to query refund of those. The very helpful person on the phone advised I should write back accepting offer but put a covering letter detailing the new charges and they "have been refunding those as well" I'm SO happy - things like this normally happen to other people, it's good to be on the receiving end for a change!!! :D

[Atlantic]

Congratulations - I am really happy that things have worked out for you........ well done...and enjoy your winnings!!!!

[theno1lush]

Hiya Alpha

 

Many congrats and well done for getting your full amount back good on ya!!!!

 

Lush

[Alpha]

Checked bank a/c today and the money is THERE!!! plus the additional charges I had incurred which I added on to my acceptance letter:D :o

 

So it's worthwhile hanging in there!!!!!!!

 

Could a mod move my thread to the won section (I've been soooooo looking forward to writing that!!!)

 

Thanks again for all the help - I'll move on to the next one now I know it can work!!