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About to kick off Me V BOS


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As title says on Tuesday (payday) i am going to begin going after Bank Of Scotland for refund of my bank charges. I have been watching the forums for a few weeks now, and have a few questions (sorry if they are FAQ'd)

 

I know the drill seems to be

 

DPA letter

LBA

Court proceddings?

 

My main question is at the moment i live between scarborough and York and i am wondering where i should raise the court claim? as i signed the contract in Scotland and transferred my account to the branch in my new english town, will my claim be through scottish or english courts? also i have seen a few posts stating the most i can claim in Scottish small claims court is £750, a few other people seem to have made multiple claims for there money. Are these done consecutively or would i have to give space between the claims?

 

So to sum up my questions:

 

Do i have the chain of letters correct?

Where should i raise the court claim?

Will i have to raise multiple claims (depends on question above i guess)

 

Thanks for your help guys.

 

Steve

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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OK, letters first:

 

DPA - time limit 40 days, but if you receive the info quicker you can move on straight away.

 

calculate you charges. Send a preliminary request for payment, giving them 14 days to respond. If you get a negative response earlier than that, don't be tempted to move on quicker - wait the 14 days.

 

Next is the LBA. Again, give them 14 days. If you;ve still no joy at the end of 14 days, then it's time to file a claim.

 

If you can find an English address for the bank, you can file in England and then the small claims limit is £5000. If you file online, you won't need to select a court initially.

 

Have a read of the forum, especially BOS and find out if you can file claim on an English address.

... a little

Mahala is a powerful thing ...

 

If you like my advice, please click the scales.

All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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I'm literally on my way out the door but a really quick point:

 

The sequence of letters should include a preliminary letter in which you are 'asking' for the money back.

 

So, should look like this:

 

DPA - find out what you're owed

Prelim Letter - Ask for it back

Letter Before Action - Demand it back!

Court - Claim it back!

 

Good luck - someone else will be able to give you more advice on the other questions

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 3 weeks later...

Came back from holiday yesterday to a pile of 20 envelopes from the Bank of Scotland... they came through with copies of all my statements for the last six years. and generously gave me £60 of charges at the same time... bless 'em.

 

Have a bottle of wine and a free night to clock up my charges.

 

It seems that because i have an english address i should be able to claim it through the english small claims courts? (can anyone confirm this or would a wee phonecall to the local court (Scarborough) be in order?)

 

anyways will clock up my charges and fire out my prelim letter and then check the court thingy in the background.

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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i signed the contract in Scotland and transferred my account to the branch in my new english town, will my claim be through scottish or english courts?

 

when you transferred your account did you get new terms and conditions? My understanding is that if you signed a contract in Scotland then it is Scottish law that applies. But note that this is only MY understanding, maybe one of the legal boffins could clarify?

Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

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Sat down and opened all the statements i was sent realised that it went back as far as 2004? Phoned them up and askedd why? was told old statements are in archive and will take an extra couple of weeks to arrive. fair enough so sat down and looked at the ones i have.

 

£1120 in £20 charges and

£230 in maintenance charges. (Are we allowed to claim the £8.50 and £28 account maintenance charges?)

 

Read rebel's thread with interest and saw that i can claim in England as the bank have a leeds address... so at the minute waiting patiently with my highlighter ready to check the other 4 years... thinking its gonna be well over 2k in charges

 

Frity when i transferred the branch i recieved no new terms and conditions as it wasnt the account it was only the brancch i deal with that got changed.

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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  • 2 weeks later...

Still waiting on the other 4 years of charges, had heard a rumour that all cases had been suspended while one of the banks goes to the high court? can anyone confirm/deny this, but as i see others still goings through it makes me think bullsh*t

 

anyways will call the bank tonight and politely remind them its been 31 days, since my dp request :)

 

Glad to see so many peeps getting their coin back from BOS makes me think i should be one of them will see :) good luck all.

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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Give them a call to remind them of the impending deadline, and if the miss it by so much as one day, report them to the Information Commissioner's Office for failing to comply with the DPA.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Called them last night to remind them they have untill Monday to give me the information sited data protection act and 40 days from day of request and had this great wee convo that made me laugh.

 

basically along the lines of charges are fair yadda yadda yadda, drop it now, etc. then she turned round and said

 

OP: You must be aware there are a lot of people making claims that these charges are unfair and as a result you will probably not get your information within the 40 days. The data protection act is only a guidline and as such there is nowt you can do if we dont deliver letters within 40 days.

Me: *Laughter* i'm sorry but i think you will find if the information is not supplied within the 40 days then i can report you to the information commisioner for non complaince with the DPA

Op: One moment Sir and i will check that information

few moments later

Op: Mr Anderson sorry for the delay i will see what i can do to get the info to you by Monday, theres no need to go to the information commisioner....

Me: Well yes there is and i will if the letters are not on my front door step by 5pm Monday. Thanks for your help tonight. Goodbye.

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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These shower really know how to work the wire, i recieved the 4 years i was waiting on on saturday morning, never been so glad to see a letter from the bank... totalled up my claim and have just typed up the pre lim letter for a total of £3660, will drop it into branch at lunchtime today...

 

not felt this good in a while, quick question the prelim letter mentions a schedule of charges, does this have to be sent or do i wait till LBA stage?

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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not felt this good in a while, quick question the prelim letter mentions a schedule of charges, does this have to be sent or do i wait till LBA stage?

 

Hi...

You should send them a schedule of charges along with your Prelim letter, then another with your LBA.

 

Maggie

BANK of SCOTLAND

Data Protection Act request sent 19th June. Statements received 3rd July.

Prelim letter sent 6th July, requesting £4430. Acknowledged 10th July. (Standard fob off response.):mad:

LBA sent 20th July.

5th Aug, letter received offering £495 as full and final blah blah!!

They now owe me £4703

 

Bring it on!!! :p

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These shower really know how to work the wire, i recieved the 4 years i was waiting on on saturday morning, never been so glad to see a letter from the bank... totalled up my claim and have just typed up the pre lim letter for a total of £3660, will drop it into branch at lunchtime today...

 

not felt this good in a while, quick question the prelim letter mentions a schedule of charges, does this have to be sent or do i wait till LBA stage?

 

Make sure that you get a signed dated receipt for your letter.

This will be your proof of delivery

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Dropped it into the branch today, handed it over to the cashier, got back to the office and slapped myself... i forgot to get the reciept :(

 

hohum 14 days here we come.

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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Dropped it into the branch today, handed it over to the cashier, got back to the office and slapped myself... i forgot to get the reciept :(

 

hohum 14 days here we come.

 

 

OOOPS...........after the above post how could you ?

 

 

:o

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Alright Heimdalls, could you tell me which address you sent your data protection request to please? Just away to start proceedings myself and would prefer to try and do it through the english courts.

Cheers

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Martin i could make a whole pile of excuses the dog ate it etc :) but i was running late to get back to work, boss on phone ("GEt back here now its gone FUBAR")

 

Ted, i didnt write a DPA letter i called Tel banking and got my statements that way, this address i got from the stickie at the top of the forum:

 

Date Protection Manager

Halifax

Trinity Road

West Yorkshire

HX1 2BR

 

for the prelim letter i used this one:

 

Customer Relations Manager

Bank of Scotland

Customer Relations

PO Box 548

Leeds

LS1 1WU

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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"The data protection act is only a guidline "

 

Hahaha, Genius! ... That wee woman must have watched Pirates Of The Carribean the night before!

 

"BARBOSA : First, your return to shore was not part of our negotiations nor our agreement so I must do nothing. And secondly, you must be a pirate for the pirate's code to apply and you're not. And thirdly, the code is more what you'd call "guidelines" than actual rules. Welcome aboard the Black Pearl, Miss Turner . "

01/08/06- Royal Bank of Scotland - S.A.R sent

24/08/06- Royal Bank of Scotland - Statements Received

31/08/06- Royal Bank of Scotland - 1st Request sent

13/09/06- Royal Bank of Scotland - LBA sent

23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks)

02/10/06- Royal Bank of Scotland - *WON* Full settlement

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Hi i have to say i'm inspired :D by some of the users commitment and determination on the forum! (as well as the superb support from other members)

 

Does the data protection act mean that i dont have to pay for the statements i need for my claim? (about 4 or 5 years of statements) Usually there is a nominal fee (£10 or more) for statements. Sorry if this is in the faq. Anyway well done heimdalls :D

 

(i should be claiming from Aberdeen as well so will be interested to see how things go)

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Hi i have to say i'm inspired :D by some of the users commitment and determination on the forum! (as well as the superb support from other members)

 

Does the data protection act mean that i dont have to pay for the statements i need for my claim? (about 4 or 5 years of statements) Usually there is a nominal fee (£10 or more) for statements. Sorry if this is in the faq. Anyway well done heimdalls :D

 

(i should be claiming from Aberdeen as well so will be interested to see how things go)

 

Welcome to the forums.

Dpa costs a tenner but may well be refunded.....its up to their goodwill.

You must send it anyway.

As your comments suggest theres some great ppl on here all have a few things in common........firstly that they are here to claim for (or learn about) claiming bank charges.

Secondly they are managing to succeed bt reading the faqs here and getting clued up !!!

 

You will only get something out of this if you are prepared to put something in

that means time....effort ....and hopefully at the end of it all a donation !!!

 

you will be suprised at how quickly you pick things up

 

now over to the faqs

 

 

;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Got a standard responce from the bank, thanks for your letter dated 1/8/06 that we recieved into this office on the 3/3/06????! i laughed a lot when i read that, how did they recieve a letter before i sent it....

 

anyways, still playing the waiting game there time is up on monday, and i cant wait to drop the LBA on the doorstep and get a reciept this time :)

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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He He I knew they were working overtime but that one is a classic...........

 

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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ok so its day 15 and they havent sent anything apart from their comedy acknowledgment. guess its off to bank we go with an LBA. Have to say the gravity of what im doing is starting to sink in and im ****ting myself. but its my money.

Bank of Scotland student account:

June 23 Data Protection Act sent

July 23 statements recieved

Aug 1 Prelim sent for 3660

Aug 3 comedy letter recieved

Aug 30 laughable £260 final settlement offer and LBA sent

Oct 07 Settled £1800

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i to am shi**ing myself i sent LBA on the 3rd August they have till thursday to reconsider before i go to MCOL. GOOD LUCK

Statements Recieved:19th july 2006

1st letter sent: 20th July 501pounds

1st letter received:21st July looking into it

2nd letter received:

27th July offering 81pounds as goodwill gesture

Sent Letter back :3rd August asking to reconsider before action.

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ok so its day 15 and they havent sent anything apart from their comedy acknowledgment. guess its off to bank we go with an LBA. Have to say the gravity of what im doing is starting to sink in and im ****ting myself. but its my money.

 

Of couese its YOUR money.

 

Nothing to be worried about.

Just proceed to the Lba.......will be more comedy when they offer you 20%

 

Just remember.........(speaking of comedy)........will be you who has the last laugh

 

:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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