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MightyOaks V Bank of Scotland


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Hi everyone

 

Just starting a thread following my progress in my claim against Bank of Scotland.

 

I have two accounts with them that I am claiming about. It is particularly satisfying to get the money back from them as the only reason I had charges in the first place was because of their advice to split my one current account into two.

 

A lady in the local branch advised me to have one account that my salary was paid into, and open another account for all my direct debits to come off. She said I should simply arrange a fixed amount standing order once a month from the salary account to the DD account to cover my bills and then I'd have peace of mind knowing that my bills were covered and anything else left in my salary account was mine to spend.

 

Looking back, this was quite strange advice, as I had never once exceeded my overdraft limit up till then, and in all the years (10+) I'd had the account, to that date I had never had a single bank charge. Anyway, I took her advice and duly opened the second account, organised all my DDs into it, kept my salary in the first one, and arranged a standing order between the two on the 1st of the month.

 

All was fine and dandy for about a year, until I went off sick from my job. I was on sickleave for 5 months on sickpay, when I resigned and signed onto incapacity benefit. There was a slight delay between my last paycheque and my first incapacity benefit payment, which occurred at the time of the standing order between my accounts. This meant that paying the standing order would have exceeded my overdraft limit, so the bank refused to pay it, even though it was between my own 2 accounts, on their advice. Well you know what's coming next. There was no money in my DD account and every single transaction was charged to the tune of £30-£35. This was a month before Christmas, and the charges for that month alone were over £500!!!! I was on a paltry £66 a week, off sick, and skint. To add to that I was supposed to be getting married that month, but my fiance had to go to hospital, got diagnosed with ME, then was made reduntant from his top job, then did a runner and I had to cancel the wedding! All this within a fortnight!

 

Whew! Well I dragged myself into the local branch of Bank of Scotland and told them all this, from the fact that I'd had no charges in the past, to the advice to split accounts, to us both being ill, to the wedding getting cancelled, to me being on Incapacity Benefit and not having a dime to pay these charges, and I asked him to please refund it. He WOULD NOT.

 

I scrabbled some money together and got through Christmas, and in Feb I got another job, so transferred from IB to a salary again. Guess what, same thing happened, there was a delay between the two, the bank refused the standing order and I was whacked with another £500 in charges, making over a grand of charges within 3 months.

 

So HAH! Now is the time to get back what is rightfully mine. It was bad enough that they took such a huge sum of money when I had so little coming in, but the callousness of them to do it at such an utterly terrible time in my life was beyond belief.

 

This site is a Godsend. Having the template letters and the procedures all set out for you, makes it a lot more approachable to reclaim.

 

So I shall keep updating my progress each step of the way, starting with the next post. Thanks to anyone for reading.

 

Cheers

MightyOaks

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Best wishes with your claims MightyOaks, keep at them and you will get your cash. Remember to stick to your timetable, don't let them dictate the pace of your claim.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 4 weeks later...

Following S.A.R - (Subject Access Request) letters, I received standard fob-off replies from BOS, with complaints' procedure leaflets.

 

25 May 2007 Letter Before Action letters sent, one for each account (all correspondence to The Mound, Edinburgh)

 

No replies to the Letter Before Action letters, so now it is time to begin the court proceedings.

 

I have been reading with interest as many posts as I can on claiming in Scotland, and on all the latest developments in the banks' tactics, in particular about multiple claims. I want to make sure I get this right so I would appreciate any replies to this thread about the very latest thinking.

 

My claim amounts are £392 and £786, for separate accounts, both in my name with the same branch. I had previously planned to put in two Small Claims at the same time, one for each account, but there have been contradictory views on this in other threads, about whether two accounts are seen as totally separate and safely under the Small Claims limit, or whether they could be construed to be one split claim to the same bank and therefore potentially unsuccessful.

 

I am aware of the option to go for Summary Clause over £750 and the associated risk. I would very much prefer to go the Small Claims route.

 

I live in the Shetland Isles, and will be claiming at the Lerwick Sherrif Court, which is a pretty daunting procedure given how tiny this place is: if anyone sees me going in or coming out, they'll likely assume I've been up to no good and will expect to see the court report in the local paper this weekend!!! The only reason anyone is ever really at the court round here is if they've been arrested!

 

I'm really not wanting to give the tongues any more excuse to wag than they already have! See my first post for my already colourful soap opera tale and you'll understand why they might think I've turned to delinquency as a coping mechanism!!! Ah, I'm only joking, but you've got to laugh!!

 

Anyway, as I said, any clear direction on the OK for sticking those two Small Claims forms in at the same time gratefully appreciated. Thanks!

 

MightyOaks

 

 

 

 

Claim amounts:

Account 1 = £392.00

Account 2 = £786.00

Total = £1178.00

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Hi!

 

How similar to my situation is your story about being advised top split the accounts. Good old BoS!

 

From everything that I've seen here : two separate accounts are just that. However, as you'll have seen from my thread

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland.html?highlight=dusary+v+hbos

 

I've combined the two lots of charges (and, hopefully, the interest) to make it one almighty claim!

 

You might make the front pages of "The Orcadian" as well as "The Shetland Times"

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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  • 4 weeks later...

Hello again fellow reclaimers

 

I've received a letter from Bank of Scotland offering me £196.00 which is "a goodwill gesture and is in full and final settlement of your complaint against Bank of Scotland". This letter names only the account where I'm reclaiming £392.00, the other account is not mentioned, nor have I had any similar letter for that one.

 

The £196.00 has been deposited in that account today.

 

I know that I have to respond and let them know I'm not accepting it as full and final or I'm scuppered for the rest. I'm just not sure of the correct wording to use.

 

I've looked at the templates library for rejecting offers, and I just wanted to check if someone can advise me which letter it is that I should send them?

 

My Letter Before Action was dated 25 May, and I gave them a 14 day deadline, but I haven't yet commenced court proceedings due to other commitments. This letter from them is dated 27 June, and the payment was made 6 July.

 

The template I thought it might be was Letter 3 which is for offers made close to the deadline, but what about after the deadline? Also should I say that I reject the offer or that I accept it in part payment and will commence proceedings in X days?

 

Any advice appreciated.

 

Seeing that £196 back in my account was way exciting for me, especially if it's going to be followed with the other £800! I just don't want to mess up now that it's so close!

 

Thanks guys. All the best with everyone's claims.

 

MightyOaks

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Having refreshed my memory with browsing the site, I'm thinking I'll proceed with the FOS route now. Nice and simple with the clear "full and final offer" letter from one account, and over 8 weeks on the other.

 

Just needing to inform the bank now about that £196 deposit from them. I'm a bit nervous knowing I have to respond within a time limit or they'll take my silence to mean I accept and can kiss goodbye to the rest of the money.

 

I don't know what the time limit is but I guess it's soon as the money is now in my account.

 

Can anyone please advise on the letter to send? Thanks!

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Hello again

I've just come off the phone to the Financial Ombudsman Service (FOS) and they were really nice and helpful!

The chap took down the details of the situation and will be filling out a complaint form for me and sending it out for me to sign and return and begin the procedure.

Things are hotting up, it's great!

MightyOaks :)

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I wouldn't worry about the time-scale!

 

You are winning!

 

I have already been rewarded with £7.5k - as a "goodwill gesture".

 

Only £16+k to go!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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