Mr and Mrs JCJazzy Vs CB

[jcjazzy]

Hi all, Posted this on CB forum,but was advised to post here also.We are about to send off SAR to CB.We suspect charges will be in region of £5,000.We know multiple claims in Scotland for the same account are now risky,and we couldn't possibly afford any charges if we had to pay bank costs by using the summary cause route.Basically we are getting confused about the way to go with a large case vs CB.One kind poster in other section said its best to send initial letter asking for costs,and then report to FOS once 8 weeks are up.If we are then unsuccessful with the FOS route we can then go down the legal route.Is this the best way to tackle the CB in Scotland given the costs we are talking about?Any advice gratefully appreciated.JC jazzy x

[Bigmac versus]

Hi Jc jazzy and yes claiming in Scotland especially from CB can prove difficult, continue with the prelim and the lba, as soon as the 8 weeks are up from when they received the prelim or you have an offer from them (whichever is quickest) then start your complaint to the FOS.

The FOS have a 100% track record with these complaints and as you know it avoids any risks associated with courts, you can also claim for interest and the bank are charged for the complaint.

The alternative you have is using MCOL if you can use an english address the only thing you need to consider about this action is in the event of a court appearance you would need to travel there.

If you were unhappy with the FOS findings then you could continue to court.

 

Hope this helps

[jcjazzy]

Thanks BigMac. Thats really helpful.Jc Jazzy x

[enaid]

Thanks bigmac,

I did think jcjazzy would be better off in the Scotland forum, I hope you get sorted now, you are in good hands good luck Enaid x

[Bigmac versus]

Any probs give me a shout.

[jcjazzy]

Hi all, Well finally posted our SAR request today.Feel a wee bit apprehensive about the consequences of such behaviour,but we're fed up with their behaviour and the costs this has had on us as a family the last few years.Let battle commence!! (That sounds braver than we actually feel !!)JCJazzy x

[Bigmac versus]

You will get braver with time, remember you are part of a large forum in here who are or have been in the same boat at some point and who will offer advice when you need it, be reassured when you get your money back.

[jcjazzy]

Thanks for the moral support BigMac.Its good to know there are others,with more experience in this process willing to lend a hand.JCJazzyx

[Bigmac versus]

Hi jcjazzy how are things going?

[jcjazzy]

Hi Bigmac, Thanks for the interest.We've had absolutely no communication from CB bank as yet.We do know they've cashed the cheque,which is fortunate because we cannot seem to trace through the recorded delivery route! Good old Royal Mail eh?Intend to stick to the timescales though.Cannot wait to see how much it all adds up to,which is ironic given we used to throw statements out as soon as poss ,as it reminded us what a mess we were in.We suspect it will add up to a tidy wee sum! Thanks for the moral support,JCx

[jcjazzy]

Hi all, No communication received as yet.Intend to send a further letter soon,and complain to Information Commisioner.Feeling quite frustrated about lack of progress as we do not want to claim until we know the figures we're dealing with .What does everyone else do to deal with this? JC Jazzy x

[Bigmac versus]

Hi jcjazzy this is very typical of them and apart from complaining to the IC you just need to keep on top of them until you get them.

[kennythecelt]

Bigmac is right. There is an interesting post on the Halifax forum by Dusary who is in a similar situation and has written to the information commissioner. I think help can be found there.

 

I'm still waiting for some myself and it is frustrating but everything will be fine.

 

Good Luck!!

[jcjazzy]

Hi all, Can anyone who has been successful with CB advise how long it took from SAR request to completion using the FOS? Many Thanks,JC x

PS the reason I ask is preliminary addition on statements we do still have (about half) add up to 7K without interest! Suspect they might be slightly concerned!

[Bigmac versus]

There is no quick route to get this money back and this is mainly due to CB. They are hanging on as long as they can and the only thing that you can do is to be one step ahead of the game so as to waste no time.

At the moment there isnt an amount of settled cases dealt through the FOS to give you an average timescale but i must also add that court isnt a speedy process either and as you know court action is not an option with the amount you are claiming back so the FOS is the route to follow.

My case is with the FOS and i am also claiming from the CB but it is a little more complicated than most and they have had it 4 months now.

We hope to provide more information on how claims are dealt with from start to finish when the FOS deal with them but to do this we need a few to be finished.

[jcjazzy]

Thanks BigMac, Your advice is always sensible,but positive.JC x

[jcjazzy]

Hi all, Have posted on CB links but never got a response.Finally got our statements, after too many days to remember.Have a couple of queries though,which I'd appreciate some help with:

Statements are from January 2001- can we claim from this date? (initial letter sent in May 2007)

Can we claim for SC charges?

and Arrangement fees?(Don't know what for I presume unauthorised overdraft)

Would appreciate some help before we write letter asking for charges so any advice would be helpful.

JCJazzy

[jcjazzy]

Ok. As I haven't had a response I've done a search and I think service charges are reclaimable.Can anyone answer my query re timescales and arrangement fees? I would be very grateful as want to have correct info before I request refunds.Could anyone please advise?????????????????????? JC Jazzy

Has the site gone a bit quiet or is it just me?

[gemspan]

Hi jcjazzy

 

I think if it is an arrangement fee for organising an overdraft for you, you cannot claim as it is seen as a service charge ie they are charging for a service they are providing. As regards unauthorised overdraft charges, bounced dds, so's etc., Yes you can claim.

 

You will find all the information you need in the templates library as regards timescales etc., The first one gives 14 days, as does the second and then its off to court or is it the FOS you are using. If it is the latter then I am sorry I cannot help you there as I have never used them. I think somebody said before that there is no definite timescales as it is a rather lengthy process. I would just get things ready for now and send the first letter. If they send you a "go away" letter then send them the second which is a letter before action. If you hear nothing its off down the route of the FOS if thats the way you are choosing to go.

 

Good luck

Please keep us posted on your progress.

 

Kind regards

Gemspan

[Bigmac versus]

Hi jcjazzy been away for a 2/3 weeks there as gemspan says above arrangement fees cant be reclaimed, i remember your route through the FOS was due to the amount you were to claim but are you aware of the small claims amount being lifted from 750 to 3000 Jan 08.

Keep me updated of your progress.

[jcjazzy]

Hi Bigmac, Sorry for the delay in getting back to you.We've been on holiday,and lots of other stuff has been going on.We did hear about the small claims amount being increased but our claim is for a lot more than that.Our claim has been acknowledged by the CB,but nothing else has been happening.Keep us posted on your progress too.JCJazzy.

[Bigmac versus]

Hi there hope the holiday was good

[Bigmac versus]

Also you say acknowleged by the bank but for the avoidance of doubt here has the bank said your case will be dealt with after the OFT case has been resolved and did you ever contact the FOS?

[jcjazzy]

HI Bigmac, Sorry for the delay again.Haven't been on the site so much these days.The bank did say it would be dealt with after the case,and we also contacted the FOS several times.The CBs took their time to respond despite this and we only received 6 years info.JCJazzy

[jcjazzy]

Hi, Can anyone advise what the up-to-date picture is?Some points in main forum suggest people may need to contact the banks again or their claims are dropped.Our claim is currently lodged with bank and the FOS.We're not sure if we should be doing anything else in the interim.Any advice would be much appreciated.JC Jazzy