Claimitall V HBOS

[claimitall]

I have just sent off LBA for first claim of £388 to BoS and prelim letter for a further £5000+. Its just shocking how much money they have taken from us

 

moderated: please do not post what may be seen as libelous comments on this forum please ,this is to protect the site

[claimitall]

Have started small claim in scottish court for £656 plus int and costs. Return date is 8/9/06.

[claimitall]

Received letter from Bank of Scotland today.

 

They are not admitting any liability and will refund my total claim on a purely commercial basis.

[claimitall]

Received letter from Bank of Scotland today.

 

They are not admitting any liability and will refund my total claim on a purely commercial basis.

 

I now have a dilemma with the next stage. I have a further £5K approx to claim back. Now that BOS have refunded my first small claim do i continue down the route of £750 chunks or try to claim the £5k in an english court. My LBA for the further amount is up in a week or so.

 

Any advice greatly appreciated

[Bookworm]

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[claimitall]

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Thanks Bookworm - without the website wouldn't have tried this, thanks to all on here and on with the fight.

[claimitall]

I now have a dilemma with the next stage. I have a further £5K approx to claim back. Now that BOS have refunded my first small claim do i continue down the route of £750 chunks or try to claim the £5k in an english court. My LBA for the further amount is up in a week or so.

 

Any advice greatly appreciated

[Tink]

Claimitall,

 

I am in a similar position to you, and I have decided to go for summary cause next time, just to get the whole thing moving, and there are people out there who are being settled on summary cause.

 

I decided to dip my toe in the legal waters using small claims, however I now think that by settling out of court (I'll come back to this in a minute) they have weakened their position when I go for summary cause.

 

Now back to the small claim, can I ask you a question ..... I received an injection of funds into my easycash account yesterday, but it is minus the interest payment, did you have to push for the interest, or did they just pay it separately?

 

I am disinclined to advise the court that this is settled without the interest being paid back.

 

thanks

 

T

xx

[claimitall]

T

 

To answer your question, BOS paid the interest and court fee separately from the refund. However it was paid in on the same day and without pushing from me.

 

I now have £5k to claim and have already worked out that another £1k in interest would be due by going down the court route. That might therefore still be an option as if they purely settled now (some chance !) i obviously would not be able to charge them the 8% interest.

 

I am therefore going to write to them again in light of their settlement as it will have both shown i am serious and weakened their future refusals.

 

I am going to as a gesture of goodwill offer them a further 7 days to reflect, provide me with a full refund and i might just not take them to court.

 

C

[claimitall]

I am disinclined to advise the court that this is settled without the interest being paid back.

 

and i think you should not accept anything other than your full claim plus interest and your court fee.

 

C