Funky1 V's HBOS

[Funky1]

Hi there

 

This is my first claim and das it’s for around the Scottish Small Claims limit I’m hoping it won’t be too difficult.I’m in Scotland and my nearest court is Kilmarnock. So here’s where I’m at and would greatly appreciate any advice you can give me:

 

9th Feb 2007 – Requested Statements

Received Response in April – charges amount to £753 (788.68 incl. interest)

 

18th April I sent 1st request for repayment of charges – Deadline was 4th May

1 week later HBOS advised they were considering my claim and would give me an update in 4 weeks

27th April I sent another letter re-affirming deadline of 4th May

 

4th May I sent a letter to advise that I would commence court proceeding if no response received by 18th May.

 

I have not yet started the court proceedings but don’t want to hold off much longer before I make my next move. I have seen the FOS mentioned at this stage – is this the route I should be taking or should I just fill in my small claim?

 

(This is my first claim – I have a larger one for Abbey which is for around £2k and I will be at the court stage on 1st June for that one. )

Received a letter from HBOS saying they would get back to me no later than June 20th. My deadline for them was 18th May - should I wait or move forward. Still v confused about whether to do a small claim, go to the FOS and now I've read about a summary cause. Can someone help please?

[moneyhelp]

Bumping this so you get some advice

[Funky1]

Cheers Moneyhelp

[Dusary]

Well, from what I've read elsewhere in this (great) Forum - the mods are always saying "Stick to your time-scale - not the bank's." And I see that the May 18th deadline has been exceeded.

 

HAMMER THEM!

 

And good luck on June 1st as well. Again, from what I've read here, they never turn up to defend!

 

 

PS. (And I'm still waiting for ALL my statements!)

[arae1]

Stick with your own timetable...you are the one raising a claim against them. Just check the FAQ's etc, to make sure you're doing it ok.

 

Also - I know this sounds silly, but the Small Claims Limit is £750 (not including any interest etc). You are claiming for £753, which exceeds it. Me personally, I wouldnt split it (£750 + £3!) or go down summary cause, I would cap it at £750,(a bit wimpish I know!) but as I said...that's just me. Perhaps FOS is another route? Be careful...hopefully one of the more knowlegable guys will post on this one to give more advice. Good Luck!

[rory32]

Me personally, I wouldnt split it (£750 + £3!) or go down summary cause, I would cap it at £750,(a bit wimpish I know!)

Splitting claims is no longer really an option. You can go down the summary cause route, but the simplist thing would be to just lose the £3. Remenber the £750 limit is before interest.

[Funky1]

Well I submitted my claim to Kilmarnock Sheriff Court on Friday and I must say they were very helpful. I was pretty intimidated by the whole court thing but the lady who checked over my wording said it was perfect - a big thanks to CAG ! I hope this encourages others. I did however only have to pass over form 1 and 1b.

 

She said that the banks were defending more and more and BOS was turning up on the day too. Any worries or questions to just give her a call. She reckoned my date would be 3rd August.

I'll keep you posted.

[Funky1]

My court date is 3rd August but I received a letter today from BOS advising that after investigating my complaint they are satisfied that the charges are correct, why they were applied and how they (BOS) can help. I'm assuming this is just standard and I should ignore it and wait for the court date?

[rory32]

I'm assuming this is just standard and I should ignore it and wait for the court date?

Completely standard. Continue with your court claim. BOS (Bag Of Sh*te) will soon change their tune.

[Dusary]

Totally standard - I've had it too!

[Funky1]

Good:D Thanks guys!

[Funky1]

Hello,

The return date for my BOS claim was Friday and when I called the court today they said that BOS had not submitted a defence (which is apparently very unusual). I've to hand in my Form 11 by Wednesday stating Decree + expenses. Does this mean I've won?

[sea-sidelady]

You should now read this.

 

The form you need if you go for judgement is on the acknowledgement letter you recieved.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13)

[Funky1]

I'm still confused - sorry:confused: I understood that as the bank had not given a defence by the return date then that was an end to it? The court told me yesterday that I needn't do more and just wait for payment now but it seemed too easy. Also, this is in Scotland - if that makes a difference?

[Funky1]

Hello,

I was delighted to receive my extract for payment this morning as the bank didn't lodge a defence in my case. I see that there are letter templates for the English system but I'm in Scotland and I'm not sure if there's a specific letter I should be sending the bank requesting payment based on the decree? Also, how long should i give them to pay up?

Many Thanks

Funky1