Confused - What to do next?

[joolz]

At what stage do BOS visa normally pay up. I have filed small claim at Dunfermline Sheriff Court and the return date is 14th April. I know BOS paid up well before the return date for my current account claim not sure what to expect from Visa account as they seem to be handling things differently.

[Rooster-UK]

Hi Jools.

 

Sorry to tell you that there is no normal for any of the banks.

Sometimes early more often late.

The only certainty is that if you have followed our route then you WILL get it, sooner or later.

 

Good luck.

Regards, Rooster.

[MR2Phil]

I've only just started at BOS Visa, so hope they are quick!!

[joolz]

Have just contacted Dunfermline Sheriff Court as return date was yesterday (April 10th) they have had no reply from BOS card services, they will not be defending the action. They said I should write a letter to the court rather than still having to appear. Has anyone else been at this stage and how long will they take to pay what is due?

[texel]

For the love of Pete don't hold your breath. I had the same situation as you with BOS credit card. What happens now is the court will send you an extract for payment that you have to get a sheriff officer to give it to BOS ( I use Scott & co who have an office in Dunfermline) It will cost about £ 30 odd can't just remember which is stupid as I have used them several times anyway you get all the funds back. Now somehow the bank can say they never received the papers and ask for another trial. This happened to me with CITI and we go to court on Friday.Woops found a receipt from Scott & co for £ 31.37.My BOS case was 16th March and I have not received a penny yet. The extract for payment has gone out so I will just have to wait. You in your case don't really have to go to the court they will eventually send you the papers

[joolz]

Thought it might not be straightforward. Have you tried contacting them by phone or email, or is that a waste of time?

[texel]

The banks are so busy now adays with all the claims going through. They will make all kind of excuses for not doing something. I let the sheriff officers handle everything now because they can send in the bailiffs:D keep in touch will let you know how I get on tomorrow against CITI;)

[joolz]

Yesterday I received the following letter from BOS, Legal Services in Halifax which I will extract from

"I have received and have been dealing with the proceedings which you have issued against The Governor and Company of the Bank of Scotland in the Dunfermline Sheriff Court."

Then follows the usual about you knew the T & Cs which you accepted. Then

"I have returned the form of Acknowledgment of Service to the Dunfermline Sheriff Court indicating that the Bank of Scotland intends to defend your claim."

It is very funny that as when I contacted Dunfermline Sheriff Court on the day after the return date (April 11th) they had received nothing from BOS saying they intended to defend. Surely the BOS haven't got that wrong.

They then go on to say

"However, on a purely commercial basis, it will cost the BOS money to defend your claim in terms of legal costs that will be incurred. It is unlikely that the BOS will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded."

You would expect them to be at least a little bit clued up on the Scottish legal system by now. It was a small claims claim they received.

Anyway the letter goes on to say they will pay the amount in respect of charges, the court fee and interest of £1.05. I have no idea where this comes from as I asked for the usual 8% and the charges date back a few years.

They have subsequently paid the refund of charges and court fee into my credit card account and there is no amount for interest added.

Unfortunately because they paid the amount into my credit card account I now have to wait 7-10 days to have it converted into a cheque.

Not sure what to do about pursuing the interst payment but will probably wait until I get the papers from the sheriff court. What do you think?

[joolz]

My small claims case against BOS Visa Card had gone to court without them saying they would defend. The day after it was called in court they sent me out a payment for the charges £630, a small amount of interest (£1.05) and £39 court expenses. The letter they sent actually said they had contacted the court saying they intended to defend the case but decided to pay up anyway. The court had not heard this intention from them.

However I have since received the 'Extract of Payment' from Dunfermline Sheriff Court and they have awarded

1. the amount of the charges.

2. Interest at 8% annually.

3. £134 expenses.

What should I do now and how do I work out the 8% annually?

I phoned the sheriff court and asked how they had worked out the court expense and they said without checking it that I must have been awarded other costs! I am confused about the costs but would also appreciate advise on how to word letter to BOS given that I have already received a substantial amount already although they are obviously at it with the interst.

[joolz]

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