KJ99123 vs HBOS in Scotland Please HELP!!£2400k!

[kj99123]

Hi there everybody. I have finally got a list of my charges and calculated that it is about 2400k that I can claim but I am extremely confused. I don't know what to do now. I think I have to send a prelim letter with a schedule of my charges attached but again got confused with the spreadsheet. Can anybody tell me an idiots quick guide of what to do? Ive been reading for hours and Im getting nowwhere!

 

 

PS Also, is it 5 years in Scotland I can claim? It is the interest part that Im stuck at when filling in the sheet! What interest etc

 

 

Thanks anybody for their help!!!!

[moneyhelp]

A couple of handy links http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

 

Try these spreadsheets VAMPIRESS'S CHAMBERS

 

Good luck and any problems just shout!

[Dusary]

BoS are settling for 6 years because, as they (generously) say:

 

"We've customers living in England and they can claim 6 years - so we are going to be fair."

 

HUH! If only they were fair in the first place regarding charges!

[kj99123]

Thanks for the help people. Ive looked at the spreadsheets. On my statements I have two types of charges. A £20 one, a £28 one and an £8.50 maintenance fee that says for instance: "charges to 4th Feb 8.50 maintenance fee" Do I include all of the above fees on the spreadsheet? I assume the interest that is to be calculated is the amount I would have earned if the bank had never charged me? I also assume that I leave that out in the PRelim letter I am about to write.

[sea-sidelady]

Yes, all charges on your statements go on your spread sheets, including your mainanence fee.

Dont add any interest until you file at court.

[kj99123]

I have now created the spreadsheet tonight and it actually shows £2665 inc all maintenance fees etc. Now Im going to attach it with the Preliminary Letter. The line in the template says plus overdraft interest. I assume I delete this and have only the £2665. Just to confirm this is definitely the correct letter for Scotland?

 

"I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter."

 

[sea-sidelady]

Yes delete that part,

I have just noticed you are claiming inn scotland, the system is slightly different. Have you had a read around the scottish claims?

[kj99123]

Yes Ive read so much that it has just confused me even more! Basically I have got statements and done the schedule. Is the next step still the prelim part?

[moneyhelp]

Hang on to this for reference http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

This may also help http://www.consumeractiongroup.co.uk/forum/scotland/

 

Good luck!

[moneyhelp]

And this http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

[kj99123]

Ive had a look through all the pages there. Thanks for posting them. It really looks like I will be starting an Ordinary Action. Can somebody tell me the pros and cons of doing that? Also, is it worth going to a solicitor?

 

Anyway, not at that stage quite yet so basically I send the Prelim letter with the schedule just now? I assume this is the next step?

 

 

Thanks so much for the help.It really is appreciated.

[moneyhelp]

Kj

 

Try posting here http://www.consumeractiongroup.co.uk/forum/scotland/ it's the Scottish forum

[Dusary]

Hi kj007! (easier to type that!)

 

Have you considered going down the line of the English Legal system?

 

Quite a few of us domiciled Scots are doing that!

[barj]

Letter of rejection was sent yesterday 18th June. Went to the local Sheriff Court, the advice I got was the claim is too big (£2913) with interest added for a small claim and The summary Cause limit of £1500. I was told that only on action could be raised, and that if I raised a claim in England, depending where the banks rejistered address is it could be thrown out. i.e if you have a claim against the Bank of Scotland and raise a claim against the Halifax Registered Office even though they are the same organisation a court a Judge could dismiss it, and vice versa. I have decided to take an ordinary action against BoS going through a solicitor to be able to claim for the full amount all at once.

 

I'll kept you posted as to the procedure. Calling 4 an appointment today.

[Dusary]

The advice you were given was wrong!

 

You could file an N1, for example.

 

You wouldn't have to go to Halifax, Berwick-upon-Tweed or Carlisle would do!

 

Have a look here: ->

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/80479-angry-how-much-can.html

 

Have a good read of this: ->

 

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html?highlight=claiming+in+scotland

 

Good luck!

[Dusary]

Have you got two user names here - ? barj AND KJ99123 ?

[barj]

No just the one name.

 

Hi Kj99123,

And the WINNER IN THE BLUE CORNER IS Barj!!!!

 

Okay thats the celebration out of the way,

 

My situation went like this.

 

1. After the Prelim letter comes the "Our charges are legal" letter. Ignore and send the LBA.

2. You then get a letter again stating "Our charges are legal, but as a gesture of goodwill we will give you £****." Ignore and send your letter of rejection. Either full rejection or as I did that you accept that offer as part payment of what you are due.

3. In my case I waited 7 days then phoned the person that the second letter came from "John Denison" to confirm he had received my letter of rejection, that was on Friday 29th June. Over the phone he offered to sort out the situation there and then and offered me £2200.00. I had originally only claimed for £2029.00 as that is what the charges for 5 years amounted to, but they worked it out for 6 years as that is what they are offering in England.

Phoning them might not be seen as being the done thing, however it saved a heck of a lot of hassle with the court and was a far speeder outcome. Got the letter of confirmation on Monday 2 July.

The main thing is stick to the time scales on the letters, and when it reaches the final stages it depends on what track you wish to follow. I gained £180.00 more than I was claiming for, but lost on interest at the court stage, but saved time and hassle. GOOD LUCK.