Bakerboy V Bank of Scotland

[bakerboy]

Hello Everyone.

 

I have got my list of bank charges going back 6 years and am now ready to get my money back from the Bsnk of Scotland.

 

My inital understanding was that I can reclaim charges going back 6 years but reading the threads on this site it seems that since I live in Scotland I can only reclaim 5 years. Can anyone confirm that this is the case?

 

I am reclaiming charges for two accounts held with the bank, should they be considered seperately or can I lump them both together?

 

Finally am I correct in sending the letter to customer relations in Dunfermline?

 

Thanks

 

Matt

[**Tilly**]

hi and welcome to the site have a read of these links any worrys just shout we are a freindly bunch here and someone will come and answer any questions you have also have a read of dusary v halifax thread

IMPORTANT Things You REALLY Need To Know

 

http://www.consumeractiongroup.c o.uk/forum/scotland/

 

~~# Scottish Procedure #~~

[**Tilly**]

here you go

Dusary v Bank of Scotland

[bakerboy]

Thanks,

 

I have just used the template to send the first letter to BoS ready for posting in the morning. The charges levied over the past 5 years total £1690 across two accounts.

 

Switched on the TV to watch the news and discover that the OFT & the Banks are going to court. Does anyone know what this means, should I continue as per procedure or has everything been put on hold until the case has been decided.

 

Matt

[sea-sidelady]

yes you can carry on with your claim...

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/107582-oft-test-case-what.html

[Dusary]

Hi Matt,

 

It IS 6 years for those of us living in Scotland! (Though you can go further back - if you wish. The road is a bit tortuous - as you'll have seen from my thread).

 

HBOSplc very kindly said a while back that since they had customers in England and Scotland, they thought that they would trear=t the Scottish ones (fairly) as they treated the English ones!

[bakerboy]

I have just recieved a response from HBOS to my first letter.

 

Basically they are registering my complaint but due to the court case they will be unable to process it untill a conclusion has been reached and that the courts will put on hold any cases untill a conclusion has been reached.

 

Is this a stalling tactic, should I proceed or should I sit and wait now that my complaint has been registered?

 

All help appreciated

[cazza69er]

judging by most of the responses on threads id advise to keep going!! im sure someone will correct me if im wrong!

good luck

[**Tilly**]

cazza is right carry on with your claim:)

[balloon1435]

Hi Matt,

 

I have been away from the site for a while with work and have just got back. Found your thread interesting and similar to mine.

 

I`m also at a similar stage to you, I also got a letter from Halifax stating the same about the a test case. Reading a few threads on here I have come to the conclusion: "carry on regardless" I believe that the banks are using the banner of a test case as stalling material and it may be. My case is unique to the court as your case is unique, I fail to believe that ONE case will change 100% of case results or stop the world moving!!!

 

Monday morning I will be taking my case to court (N1) and I will deal with the outcome or decisions made then.

 

Dont let the banks think they have got away with a thing or the courts might just believe there is an ounce of honesty in their charges.

 

 

 

 

Liney, not a shiney

 

 

MBNA £2456.00 Recovered in full:-)

Halifax: S.A.R - (Subject Access Request) sent 30/03/07

Halifax: Non Compliance Letter sent 11/05/07:evil:

Halifax: Pathetic Letter received 26/05/07:shock:

Halifax: :evil:

[bakerboy]

Thanks,

 

I am making claims for two accounts 1 for £1605 & the other £344.

 

Since I live in Scotland can any one give guidance with regards to taking this to the court?

 

I understand that the small claims is limited to £750 and that there is another court which enables claims to £1500.

 

Also at this stage I can add 8% interest to the above amounts taking the amounts owed to £1997 & £431.

 

I have followed some threads where discussion over the best ruote to take have appeared, with some people advising to claim for the full amount and other to claim in tranches untill the full amount has been repaid.

 

My personal preference would be to get the whole thing done with in one go, is this possible.?

 

As usual any help greatfully appreciatted.

 

Thanks

 

Matt

[balloon1435]

With my claim against MBNA, I did put the interest (8%) on when I approached them in the first instance and they did recognise it. As far as Halifax is concerned I have done the same and they have not disputed it either, some threads do advise to leave the interest until the claim goes to court.

So to agree with you, I went for the lot the first time and got it. Going for the lot the second time and my fingers are crossed, but I did put the interest down at the start on my schedule of charges

 

Good luck

 

P.S Cannot help you with the Scotland law matter, I lived in Gods country for a while and all the legal system seemed as mad as a box of frogs. I will have a mooch through some threads for you.

 

 

Liney, not a shiney

MBNA £2456.00 Recovered in full:-)

Halifax: S.A.R - (Subject Access Request) sent 30/03/07

Halifax: Non Compliance Letter sent 11/05/07:evil:

Halifax: Pathetic Letter received 26/05/07:shock:

Halifax: :evil:

[Cragdoo]

Hi Matt,

 

I have been away from the site for a while with work and have just got back. Found your thread interesting and similar to mine.

 

I`m also at a similar stage to you, I also got a letter from Halifax stating the same about the a test case.

 

 

 

 

was your letter anything like this

 

 

Further to your letter , I am pleased to confirm the information you requested has now been ordered. Once these documents are ready they will be sent direct to you. If you have not received all requested documentation within the next two weeks then please feel free to get in touch.

We assume your request is to enable you to reconcile your bank charges and feel we should make you aware of our current policy on handling complaints from customers about bank charges.

We believe our charges are fair , transparent and lawful. However , the bank (along with a number of other banks) has now become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

Until the determination of the legal issues in the above proceedings , we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints , and the FSA has agreed to this request subject to conditions that protect your rights.

If you do decide to register a complaint, please be advised that we will be unable to respond in full to your complaint, but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond to any complaints.

Obviously exactly what will happen next will depend on the courts. We do not know how long the case will take – we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve.

Should you decide to refer your case to the Financial Ombudsman Service (FSO) , you should be aware that we have asked the FSO not to proceed with any case they are hearing until the test case is resolved. The FOS has indicated as a general proposition that it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

Similarly , you should be aware that if you choose to issue claim in the Courts the bank will immediately apply to the Court for an order to stay your action until resolution of the bank’s proceedings with the OFT.

The FSA requires us to ensure that any bank charge complaint will not be adversely affected by the delay in dealing with it. For customers for whom Scotland is the most likely jurisdiction, your right to refer your complaint to the Financial Ombudsman Scheme will not be affected. The FSO provides a convenient alternative to the courts, and is free for consumers. However, if you nonetheless wish to continue your claim through the courts in Scotland, you may wish to seek advice on making a claim now to protect your rights in prescription although you will have to pay a fee.

[balloon1435]

180 - Bullseye - Thats the one !!!

 

Yet again more proof that these muppets put just as much thought and effort in to their complaints department as they do their customer services.

 

As soon as you turn the heat up on them they respond quicker e.g: I had to report them to ICO before they would release a more comprehensive list of charges (still not complete, may I add).

 

Once I replied to their letter (above) I remained factual but accused them of complete Muppetry!! and they still send out blanket statement letters. One of which stated that I was actually trying to claim back credit card charges and my complaint was not relevant. I have a HBOS current account and have never had a credit card with HBOS !!!

 

BAFFOONS

 

 

 

 

Liney, not a shiney

 

 

MBNA £2456.00 Recovered in full:-)

Halifax: S.A.R - (Subject Access Request) sent 30/03/07

Halifax: Non Compliance Letter sent 11/05/07:evil:

Halifax: Pathetic Letter received 26/05/07:shock:

Halifax: :evil:

[bakerboy]

Hi,

 

Apologies for the lengh of time responding to the ast post, working too hard!

 

The response I recieved from the Bank was to my first letter deatailing and asking for repayment of bank charges. They responded as follows;

 

Thank you for your communication, we acknowledge receipt of your complaint about bank charges. We beleive that your complaint concerns the level and fairness or unlawfullness of the charges. If it concerns somthing else such as administrative error, please let us know.

 

We believe the charges are fair, transparent and lawfull. Please be advised that the bank (along with a number of other banks) has become involved in legal proceedings with the office of fair trading OFT in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

 

It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, untill the the determination of the legal issues in the above proceeddings we have asked the finacial services authority FSA to suspend the normal time tables for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We can assure you that we have registered and stored your complaint. Please retain your bank records as this will make it easier for you to support your complaint on resolution of the test case.

 

Once the legal proceedings between the OFT and the banks finish we will resolve your complaint as quickly as possible.

 

We are sorry that we have been unable to respond in full to your complaint now but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond o your complaint.

 

Obviously what will happen next will depend on the courts. We do not know how long the case will take - we have promised to proceed as wuickly as possible but inevitably given the importance of the issues being considered this may take many months to resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Finacial Ombudsman Service (FOS) (or to the courts).

 

Given this court case we have asked the FOS not to proceed with any other case they are hearing untill the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issue being considered in the test case.

 

The FSA requires us to ensure tht your complaint will not be adversely affected by the delay in dealing with it. Customers for whom SCotland is the most likely juristiction hould be particularly aware of the folowing:

-You may choose to take your complaint or claim against us to either the FOS or the courts in Scotland.

- Your right to refer your complaint to he FOS will not be affected. The FOS provides a convenient lternative to the courts and is free for consumers. However as already explained you should be aware that the FOS has, at our request, decided not to determjne these complaints until the test case is resolved.

- However if you nonetheless wish to take your claim to the courts in Scotland you should be aware that the timing of when you raise a calim against us may be important. As such you may wish to seek independent advice on making a claim now to protect your rights (although you will have to pay a court fee). If you do this you should be aware that the bank will immediately apply to the court to put your action on hold untill the resolution of the bakns legal proceedings with the OFT.

 

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our web site.

 

Thank you for your patience/

 

Has anybody taken the banks to court since the anouncement of OFT case?

 

I am eally unsure how to proceed, all advice welcome.

 

Thanks

 

Matt

[**Tilly**]

hi bakerboy carry on as usual with your claim keeping to your timescales and yes the guys and girls are still taking them to court

[Dusary]

That's the style!