Tracy v HBOS

[tracyab1972]

Hi Guys

 

I am waiting on my statements from Bank of Scotland and I have just read a few posts on this site. I didn't realise that when the Bank offer to settle the claim they ask you to sign something stating you wont make anymore claims.

 

Has anyone refused to do this but still got their money back or refused got their money back but account closed??

 

I dont like the thought of signing anything stating that I wont claim again!!

 

Thanks

 

Tracy

[sea-sidelady]

Hi Tracy,

 

Dont worry that far ahead. We have a letter on here for that. Most of us send this one, so its not a problem.

[tracyab1972]

Thanks for that love... I was getting a bit worried:confused:

[sea-sidelady]

Not a problem, any worries just shout.

 

It is easier to answer a daft question than to fix a daft mistake..!

[maroondevo52]

Hi, Tracy.

 

I have won twice against HBOS and they have never asked me to sign anything.

 

Best wishes with your claim.

 

Regards.

 

Scott.

[aldav45]

To the best of me knowledge Tracy they make you sign to say that the offer is a "full and final settlement with no admission of liability" which is a slightly different matter. You may be thinking of the fact that a LOT of "double" claims in Scotland are being rejecter i.e 2 separate claims to one banking institution like X amount on one account then a separate claim for X amount on another. In Scotland you should really claim for the lot at once. There are certain other avenues open you and I'm sure if you research the FAQ's etc you'll see that claiming from an English court may be a good option.

This is my take on the whole scenario. I'm claiming BOS for £1300 and C1 for £2500 (strangely, as another member found, once I sent my SAR I couldn't access my statement online anymore....Hmmmmmmmmmmmm). If I owed THEM that money they'd be harassing me 10-15 times per day to get it back. You are in the right and they are in the wrong and they KNOW it. They'll bully, stall for time, give bad information over the phone, call you with patronising "offers of cash" and so on and so forth. I've only been on here for a month or so however the best piece of advice I have gleaned here is STICK TO YOUR TIMESCALES!!!.

You are NOT making a complaint. It's very very important to remember this fact. You are TELLING the bank to give you back YOUR money or PROVE in court the FULL breakdown of their exorbitant charges.

I have a LOT of FSA experience (working for an insurance company in a "customer care" capacity, in fact, I was an FSA trainer before the regulations actually became LAW hehe) and the umbrella given to financial organisations says that they are allowed 8 weeks to respond to ANY complaints but must keep you informed of any progress at least every 4 weeks. That 8 weeks is the MAXIMUM amount of time they are allowed to take. So why do you think they send you that letter? Yep, you got it. To stall for time. Plain and simple. The banks are swamped with letters for refunds and the sooner you inform them of action the better. Not to mention the plain fact that the longer they hold on to your money the more money the make for themselves!!. Someone said on here (I forget who, sorry) "For every claim that goes to court there will be about 50 who have given up"

I, unfotunately used to do ialmost the same thing every day.

Don't forget that in "call-centres" you are still protected to a certain extent. Most calls are recorded (although i've seen a few "go missing" and it's more for their benefit than yours. I can guarantee that if you had a claim and it was repudiated for non-disclosure,say, then their tapes wouldn't go "missing"). Incidentally, you are also allowed to have a COPY of any tape or recording you are on. Therefore if they say the heve recorded the call and do not agree with what has been said you are entitled BY LAW to have a copy of the recording, which is usually sent in the form of a casette tape) If you ask to speak to a manager then you MUST be allowed to (FSA rules). I find that the best approach is to be very polite to the call handler you initially are put through to. Explain to them that you have a serious "issue" (NOT complaint) and you understand that they only have the power to go so far, you understand that it's not their faul personally but you wish to speak to a manager or supervisor immediately.

The bank knows this and their evasive (and frankly deceptive/obtuse) tactics are saving them a FORTUNE. I wouldn't be surprised if they had logins for this site and were posting "disinformation" as I suspect happened a few days ago with one particular poster (my personal opinion mods hehe) I actually had a "complaints manager" at BOS tell me to "take us to court then if you like. You won't win"

Sounds like a challenge to me mate hahaha (and tbh I could do with the extra 8%)

Another thing I would add is to be careful. In most cases, when you are put "on hold" they can still hear you in the recordings even though you can't hear themand you're listening to some awful "elevator" music. Some of the things I've heard whilst listening to these tapes would amke you roll about on the floor laughing hahaha.

Anyhow, good luck with any claim you make.

Send the appropriate letters from the library.

 

Statement req : up to 40 days MAX

First approach : 14 days MAX

LBA : 14 days max

Then file your claim at the court.

 

You dictate the timescale because it's NOT a complaint.

[tracyab1972]

Hi Everyone and Happy Easter

 

Ive just got my statements for 1 account that I have with BOS. The total charges they owe me amounts to £905. However, they are going to take £60 in charges on the 30 April. Can anyone please advise that in my first letter to them, can I tell them about the £60 they are due to take, and do I, at this early stage only ask for the £905 (do I not include interest?)

 

Thanks

 

Tracy

[barracad]

Threads merged - Please stick to one thread

 

Just ask for the £905 - you can't reclaim money which hasn't been taken yet.

[tracyab1972]

Many thanks for that Barracad:)

[linemonkey]

hi all,just recieved offer of £78.00 from halifax. which is the full ammount,small i know,but better in my arse pocket than theirs.they too sent a letter stating full and final settlement and stating that if i do not contact them within 14 days to refuse the payment it will go into my account in 14 days.Now then,......i also have claimed £599.00 from BOS and as they are the same company, if i accept the £78.00.Does it mean that im accepting in sttlement of that claim also, or can i still persue that claim.I have already sent a LBA to them and their time is nearly up.

[linemonkey]

hi all ,me again,now that i,ve had an offer from the halifax,do you think an offer from BOS might follow shortly.

[tracyab1972]

Hi everyone,

 

Im sure this has been covered on other threads but I need to ask again (sorry)!

 

I have sent my prelim letter to Bank of Scotland at my local branch. I think this may have been wrong and should have been sent to Trinity Road. When I receive my reply back from the bank should I send my LBA to Trinity Road or my local branch in Edinburgh

 

Thanks Guys

 

Tracy

[fubarswife]

Hi Tracy, good luck with your claim, mine was offered today in full so persevere, i sent my original letter to my branch, had no response, rang when the timescale up and explained claiming charges and wanted statements, they sent them out and didn't cash the cheque, I then sent Prelim letter to trinity road and they sent offer letter which i got this morning , i'd send registered or recorded too then you can prove the deadlines.

[tracyab1972]

Hi fubarswife and thank you for your reply.

 

Congratulations on your claim! Well Done!

 

I did send my prelim letter to BOS by recorded delivery which they did receive, I checked this on Royal Mail website. I sent the letter on the 2nd of April so they have until Monday to respond. I just hope I haven't messed up by sending it to my local branch and not Trinity Road:(

[sea-sidelady]

If you send it to your local branch, it still should get there, but sometimes it can take a while through internal post.

Also dont forget any extra charges can be added to your list as and when you get them up till you file at court. Which will prob be at the end of the month, so you could always wait a day or 2 and add the £60 charges then.

[tracyab1972]

Thanks for that, in my LBA can I no include the 8% interest? I didn't add this in my prelim letter as I think this would be wrong, is that correct??

[sea-sidelady]

No, the 8% only comes into it when you file at court.

[Ripley]

Linemonkey, I have had the same letter today; The amount involved is £4,598.00 (sharp intake of breath). My bank is the bank of Scotland. I am in the process of claiming a lesser amount from another account, so I assume that will be forthcoming. My intention is also to reclaim charges accrued between the claim being made and the dosh being received; after all, the new charges were occasioned by the original ones. After that, my aim will be to avoid further chages.

The letter states that if I accrue more charges, I won't get them back. But the charges remain unlawful. My interpretation is that the refund is in "full and final settlement" only of the claim to which it relates. My intention is simply to let the bank put the money into my account without msking any response to the bank's letter. I have been asked to sign nothing, and would sign nothing, to prevent me from claiming again as and when necessary. However, I might expect a slightly tougher fight next time - this time, I did not need to use the courts.

Does this approach seem correct to other people on this forum?

[tracyab1972]

Hiya

 

Im about to file a claim against BOS for 925 + interest. I thought I would need to file 2 seperate claims as it is over £750 but Im very worried what I have just read on the site.

 

Can someone please clarify what I should do regarding this.

 

After this claim I want to go and claim £805 from a 2nd account that I had with BOS.

 

PLEASE HELP:???:

[tracyab1972]

Hiya

 

I am about to file a claim against BOS. I sent my LBA around 10 days ago and I haven't heard anything from them.

 

I think I will need to file a claim at the courts but I am a bit concerned after reading a post on this site. It says that the courts are throwing out the second claim (when claims are over £750). My claim will be for £925 plus interest, so I was preparing to put in 2 claims.

 

After I had hopefully won this one I want to claim again from a closed account with BOS and this has £805 in charges.

 

Can anyone please advise:???:

[rory32]

I take it your in Scotland tracy. The courts now are not accepting splitting of claims, partly due to the number of claims now being made. You will either have to go down the Summary Cause route (don't worry you don't need to appoint a lawyer for this) or go through the FOS. The FOS is free and bypasses the court system but you do need to wait 8 weeks after initially approaching the bank with regards to your charges before the FOS will take up your claim. The other upside is that although the FOS service to you is free they charge the bank £400 each time they investigate a complaint against them. This is the website if you want to find out more Financial Ombudsman Service

[jaffacat]

Hi Rory. Is it now the courts policy to not accept splitting of claims?

I thought that it was only Edinburgh Sheriff court that was refusing them?

Correct me if I am wrong please!

[tracyab1972]

Rory, thanks alot for that. Yes I am in Scotland, Edinburgh in fact. I cant believe the Scottish system. They need to get out of the dark ages.

 

If I think I may go down the Summary Cause route... I also sent a LBA to Barclays/monument for £1020 and time is running out for them also.

 

Do you know what the monetary limit is for Summary Cause and how much it is to file a claim?????

[sea-sidelady]

Im not sure which thread you read, but there are loads of people claiming repeatedly.

[rory32]

The limit is £1500 so still not a lot epecially when you consider the limit in England is £5K for small claims

This will tell you a bit more about Summary Cause Summary Cause Guidance Notes

I can't remember off the top of my head how much it is but lots of people have been down this route (principally because £750 over 5 years is peenuts in terms of most peoples bank charges) and will be able to tell you. You may want to raise a new thread in the Scotland subforum titled something like Summary Cause in Scotland Help Please!! You should get lots of help with your claim that way.

Hope that helps........Rory