FOS or court, which one to use?

[scruff1001]

Hi everyone,

 

Just found this forum previously been using the hbos one.

 

Dilemma should i use the FOS or court summons?

 

I recently got my statements through after months of waiting and i'm due just over 1000!Whilst waiting on my statements, I sent a complaint to the Information commisioners about the bank taking forever to give me my statements, and they suggested using the FOS if i'm going to persue getting my charges back!

 

Has anyone ever gone this route? i'm looking for some advice before i make the next move!!

 

I know i must wait 8 Weeks before i can complain to the FOS. Here's the thing-When i was attempting to get my statements back, a very awkward lady at the bank said i did not need these and she would inform the relevent dept that i was complaining about my charges!This was on the 10th of May (i have all correspondance)!Has she done me a massive favour and i can use this date as the start of the 8 week countdown!

 

Anyone have any thoughts on this or should i go the court route??

Which way is best??

[maroondevo52]

Hi, Scruff1001.

 

 

If you are going to complain to FOS make sure it's within six months of you receiving the Banks final offer to your claim. If I were you I would go Summary Cause. I've won one Small Claim and one Summary Cause against Bank of Scotland. With the Summary Cause, the forms almost identical to the Small Claim form, but the court will return your forms and you will have to get a Sheriff's Officer to serve your claim on the Bank.(this cost me £15.75, which I claimed back). The court will send you a list of local Sheriff Officers you can use. The only pitfall being, if you were to lose your claim, you could be liable for the Banks costs. This put me off at first , then I though what the hell, and it paid off.

 

 

Regards.

 

 

Scott.

 

 

__________________

 

[scruff1001]

Well if the summary is just the same as a small claim then i might give that a go!

Can't be that scary if there's so many others doing it.

[kennythecelt]

Keep asking questions and it will be fine.

 

Good luck!!

[knoxvillain]

I would got through FOS first, it's a lot less hassle than court

 

http://www.consumeractiongroup.co.uk/forum/scotland/88143-knox-bos-2nd-claim.html

[scruff1001]

Thanks for the replies i'm in two minds about this.

If i do use the FOS can i start my 8 Week countdown as the 10th of May (see first post)? I think i can but would just like someone to confirm?

If not then i mightuse a summary summons.

[knoxvillain]

if you have correspondance from back then showing you were complaining about charges rather than merely requesting statements then yeah you could

[scruff1001]

Yeah thats what my complaint is about.

 

My Letter from the bank says (Dated 10th May)..."Thank you for your recent communication with our retail contact centre regarding bank charges on your account. We have started an investigation into the matter you have raised and you will receive a written response within four weeks from a customer relations manager."

 

Then on 1st of June ..."Further to our letter on 10th May 2007. I'm sorry that you have not yet had a full response to your concerns.

We're still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no later than 5th July"

 

The 5th of July is the end of the 8 weeks. So looks like if i don't hear anything by Thurs, i'll be drafting my complaint to the FOS.

[Bigmac versus]

Yes 8 weeks up contact the FOS and claim through them, remember when you fill out the complaints form request your interest or they wont even consider it.

[scruff1001]

Thats another thing.

Can I claim interest? I've got a student account so don't pay any interest on my overdraft. So is it possible for me to add that on?

[knoxvillain]

I would imagine so, you're claiming the interest you would have earned on your money had you had it rather than the bank taking it. I don't think you're reclaiming interest you paid.

[Bigmac versus]

Correct Knoxvillain

You arent claiming interest that the bank charged you.

You ARE claiming interest on the charges that the bank took from you that you would have earned had you banked it that time.

[stew1275]

We were being put of a bit by the FOS on the interest but it would seem that you need to make it very clear that you are after the 8% interest at the very start and keep reminding them on this.

 

We had this problem and the FOS who are now accepting that we want the interest and will try the RBOS for this, so fingers crossed.

[scruff1001]

Great i'll add the interest as well then.

Well got a reply from the bank yesterday - they sent me the standard letter that everyone seems to get (We think the charges are fair...you signed teh terms and conditions blah blah).

So now i can get my letter together for the FOS. Do you just use the standard complaints form thats on their website including all relevent correspondance?

[stew1275]

So now i can get my letter together for the FOS. Do you just use the standard complaints form thats on their website including all relevent correspondance?

 

Thats what we used, together with all the paperwork/schedule of interest (using the template) - and make sure you include the interest and state the 8% rate (we hadn't) on those complaint forms so that your claim is clear.

[scruff1001]

Hi guys thanks for the advice. Ive now added the 8% interst using the excel template from this site.

Question - There are two lots of interest both at 8% on the spreadsheet. Does anyone know what the second one is for (The one at the bottom of the list of charges)?

 

Any advice would be much appreciated

[Bigmac versus]

Would that be the daily rate from when deemed served to payed out.

TBH i have never used the spreadsheets so maybe someone else can confirm this.

[scruff1001]

yeah i think its the daily rate i've calculted. but then there's this other one i'm thinking i just ignore it?

[stevokenevo]

Hi guys thanks for the advice. Ive now added the 8% interst using the excel template from this site.

Question - There are two lots of interest both at 8% on the spreadsheet. Does anyone know what the second one is for (The one at the bottom of the list of charges)?

 

Any advice would be much appreciated

 

The first lot of interest is the interest you are charging them for holding your money since the date they took it from your account.

 

The second is the judicial interest, which is interest on the full amount from the date you lodge your claim at court till they pay you back. This is were the daily rate comes from.

[scruff1001]

Thanks.

I sent off my FOS form on sat. Only added the first lot and seeing as i'm not going to court the second lot prob doesn't apply to me anyway.

I sent it recorded delivery first class but it doesn't seem to have been delivered yet.

Deary me I hope its not went awol.

[scruff1001]

Update the FOS are in receipt of my complaint about te bank of statement and now i'm waiting on it being passed on to the relevant dept. Here's hoping it doesn't take that long.

[knoxvillain]

No doubt following the announcement of the OFT's test case against all the banks you'll soon get a nice letter from FOS stating they have suspended all investigations to see the outcome of the test case. I turned down an offer of almost £3k recently and I'm wondering if I made a bad mistake doing that

[scruff1001]

Don't say that, hopefully we'll get our money back just like the rest.

[Deso]

I knocked back £1458 as Im due £5000. I was just about to send my claim to FOS but seeing as they aren't investigating anymore whats the point? I suppose it will mean its on their register, Im considering raising an ordinary cause action, anyone know the pro's & cons of doing so?

[scruff1001]

o gosh didn't know they had actually stopped their investigations. what now then? go to court instead! this is all turning into a nightmare.