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o.k I have decided to just go for the first £740 and then repeat for the remaining amounts. So now I have a further question, my LBA is going to my bank manager, and also cc to head office. To whom at head office should it be addressed, customer Relations officer/manager, or a named bod?


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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Just send it to the company and address it "Dear Sirs".


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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LBA delivered by hand to branch letterbox and cc to head office, using the Govan Law Centre template this is what I sent,

 

xxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxx

xxxxxxxxx

xxxxxxxx

 

xxxxxxxxx 25-04-2006

xxxxxxxxx

xxxxxxx

xxxxxxxx

xxxxxxx

 

Dear Madam

 

Penalty & unfair charges – request for refund for xxx xxxxxxx x xxxx

xx-xx-xx xxxxxxxx

 

Charges applied to account between 28-07-2000 and 05-01-2004 totaling £740, please see attached spreadsheet.

 

I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50

“Sir Fred Goodwin told us that for RBS "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges".)

online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of your bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

 

Please refund these charges to my account within the next 14 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for 8% interest plus costs.

 

On a separate note, on 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT

(press release 68/06 - online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

 

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit license under the Consumer Credit Act 1974. In that eventuality I will submit a 1974 Act complaint to the OFT.

 

Yours sincerely

 

 

 

 

Cc:

Bank of Scotland

Customer Relations

PO Box 548

Leeds

LS1 1WU


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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I used the Govan Law template and sent BOS this.....

 

25-04-2006

xxxxxxxxx

xxxxxxx

xxxxxxxx

xxxxxxx

 

Dear Madam

 

Penalty & unfair charges – request for refund for xxx xxxxxxx x xxxx

xx-xx-xx xxxxxxxx

 

Charges applied to account between 28-07-2000 and 05-01-2004 totaling £740, please see attached spreadsheet.

 

I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50

“Sir Fred Goodwin told us that for RBS "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges".)

online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of your bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

 

Please refund these charges to my account within the next 14 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for 8% interest plus costs.

 

On a separate note, on 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT

(press release 68/06 - online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

 

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit license under the Consumer Credit Act 1974. In that eventuality I will submit a 1974 Act complaint to the OFT.

 

Yours sincerely

 

 

 

 

Cc:

Bank of Scotland

Customer Relations

PO Box 548

Leeds

LS1 1WU

  • Confused 1

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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Oh my God! I got goosebumps reading that! High five to you. :)

 

Should I copy and paste this letter and send it to my bank (Bank of Scotland) along with a spreadsheet of charges initially? I'm sorry, I may sound a bit thick but I'm a newbie and just working my way through this forum.:razz:

 

My day has suddenly got sooooo much better!

 

Sherry. x

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You still need to do your DPA letter first then add up all your charges. The spreadsheet is for working out the interest if you should have to raise a court action against them.


Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I didn't send the full spreadsheet, I cut and pasted the first three columns, they can see the interest column if they don't act on this letter. and the longer they take the higher its going!

Sherry, my letter was based on the LBA template on the Govan Law site

http://www.govanlc.com


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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Phone call from branch manager telling me my complaint was being dealt with by customer relations and when I asked if she wanted to be kept informed of what I was doing very hastily said No ! lol

As I have also received the standard letter we are sorry..blah blah blah, have offered you 6 months charges...blah, blah blah I now have name and contact of person dealing with my 'complaint'. So I have just faxed her a copy of the LBA I sent yesterday, also going to send one to Head Office in Edinburgh, having already sent one to Leeds address.

Its very confusing knowing exactly WHO you are dealing with at HBOS


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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I'm still learning the ropes but intend to do the same as you fruitycar,I'm in Scotland with Bank of Scotland too. Well done on having the courage to start your action - I'll be following your posts with great interest. Good luck to you :)

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Don't worry about dealing with individuals. So long as you send it to the head office and make sure it includes their reference number, you can leave the rest to them. Remember, your dealing with the comany as a whole, not individuals within it.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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bu**er, sent cc to head office without the refence number on it, although it has account details and customer relation oficers name on it, so they should be able to trace it. Or do you think I should resend with ref number added.

Also, what do folks think about faxing stuff rather than posting?


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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Don't worry about it, i'm sure it will be fine.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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LBA deadline expires tomorrow,so I am preparing my claim for submission. My prelim approach was made to the branch where my account is held. This was passed on to customer relations. I also sent LBA to branch and to customer relations and received phonecall fom branch mamger to say that it was being dealt with by named person at customer relations.

So my question is to whom do I address the claim, branch manager, customer relations, (named person) or to the Bank of Scotland ?


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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Bank of Scotland PLC

Make sure you put their registered office address on it. I think it is:

 

Bank Of Scotland PLC

The Mound

Edinburgh

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Can one of the administrators comment on the above LBA? I am due to send my LBA to the Halifax shortly and I would like to use the one above. Is it appropriate for me to use?


---------------------------------------------------

Halifax - Email sent for Data Protection Act - 25/04/06

Bank Statments arrived from CR - 27/04/06

Request for repayment sent rec delivery - 03/05/06

Offer of £750 from the Halifax - declined 15/05/06

Letter from the Halifax saying they will not pay more - 16/06/06

First Claim filed with the Small Claims Court 22/06/06

Owed: £2520

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thank you......listen out for my busy little keyboard tap, tap ,tapping out that claim. Off to the Sherrif court tomorrow...


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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Good for you!


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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o.k. forms duly typed up, bit confused over form 1a and form 1b and the difference, but have a copy of each plus two copies of spreadsheet and will ask Clerk to help me . But yet another question, still time to alter things before I depart in the morning, do I include on my spreadsheet the 8% interest column and does the interest stop accruing at date of claim? Or does it continue accruing until Defendant agrees to settle?


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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Form 1a is the pursuer's copy, and 1b is the defender's copy. You will fill both in and hand them to the court, along with two copies of your statement of claim. You shouls include the spreadsheet. No, the interest doesn't stop accrueing at the date of claim. When you go to the court, the clerk will probably go through it with you to make sure everything's there, so don't worry about it.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Claim filed 10/05/2006.

I haven't seen many BOS claims on litigation list.


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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Well done. Keep us updated. Also, bear in mind that BoS and Halifax are one and the same.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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fruitycar - following your progress with a lot of interest, as I will very shortly be following in your footsteps. best of luck - and don't forget to tell us how you get on!

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I'm hopping about like a cat on a hot tin roof here. I filed my claim a week ago and as yet have heard nothing I was expecting something back from the Sherrif's court, have I done something wrong? :-{


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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Don't panic. If your claim was filed properly then you'll get some stuff through from the court soon with a return date on it. The return date is the other side's deadline for letting the court know if they're going to defend. They'll probablyt say they are, just to try and scare you. This is the time for a steady nerve.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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received form from sherrif court stamped as lodged with return date and hearing date (15th and 22nd June) but also form 1b so confused about whether I know have to return to Serrif court to have them serve it ? any help much appreciated.


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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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4763 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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