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Anyone Who Can help with Scottish Law!!!


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I have just joined this great forum and have loads of communication in the past from my bank regarding bank charges. The girl who deals with this at my branch was in the year above me at school and really has taken a dislike to me, when ever I call regarding my charges I can feel her smirking on the end of the phone, she always say's charges can not be refuned, because of the charges I get more charges every month and now they are really getting out of control. I have posted of my letter today and look forward to see her reaction to this.

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I posted my first letter out to the my branch on the 6th of March and got a phone call from my branch yesterday stating that they did not keep the forms I would need to fill in to receive the statements at that branch and they had to send for one yesterday and I should receive it on Wed. or Thru. Where do I stand on the time it has taken them to get back to me?

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You need to do a formal Data Protection Request, which can be as follows:

 

Your name

Your address

Your sort code

Your account number(s)

 

Dear Sirs,

 

Please send me all of the information to which I am entitled under the Data Protection Act 1998. Please ensure that you include all statements.

 

I include £10 to cover the cost.

 

Yours faithfully.

 

Joe Bloggs

 

They have 40 days in which to comply, and in all probability they will, since they have a whole department set up for these requests. Once you get your info, tot up all the charges, add interest, and off you go! (Don't forget the £10, which is the maximum they're allowed to charge.)

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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  • 4 weeks later...

Please Help i've have had my statements from the past 6 years and I have £2995 in charges they are broken down by refferal charges of £1360, unpaid DD of £1265 and card missuse of £370 as I am in Scotland how can I claim for the full amount and do I chance my luck and put the full amount on the letter to the bank requesting the money back????

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Please Help i've have had my statements from the past 6 years and I have £2995 in charges they are broken down by refferal charges of £1360, unpaid DD of £1265 and card missuse of £370 as I am in Scotland how can I claim for the full amount and do I chance my luck and put the full amount on the letter to the bank requesting the money back, or do I just put in the letter I am requesting £750 back ????

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Remember only one claim for £750 at any time, dont run them concurrently.

 

Do a search on the word 'sever' lots of info there

 

Woolfie

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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Jus had a letter from the RBS stating the usual we are sorry you are not happy with the service and will be get back to me before the 8th of May this is putting the 6 days over the 14 day dead line do I start court proceedings?

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YES definately keep to your own timetable.

 

Good Luck

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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in scotland you can only reclaim 5 years.

 

I dont see that in the FAQ? Is it accurate?

RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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Seems to be accurate but general concensus is to go for 6 years regardless!!

 

 

cheers

 

andy

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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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Well, I'm just about to send a LBA to RBOS in Edinburgh for c £1015...That's insidious month-on-month charges for DD referrals, 'card abuse' etc...no-wonder I've runout of money!:-x

 

All I got when I enquired in my branch, was a patronizing 'I'm sorry'...The only reason I have a bank account is because my employer needs one in which to pay my wages. Whatever happened to a paypacket???

 

Good luck, everyone...

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  • 2 weeks later...
Guest BlueRuby

Have you sent them an LBA? If not I would do that next but only give them 7 days from receipt to reply as I see from an earlier post that they have gone several days over the deadline set in your first letter. If they don't reply positively to the LBA then you could start your court claim.

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Just had another letter from the branch, advising me that they have not had time to go through my statements and will require another 14 day to do this, that would bring there total up to five weeks, they are still working on this at branch level. I have just sent my LBA letter of to them for £4,418.69, should I give them them another 14 day or just go straight to the court action?

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  • 2 weeks later...

With regards to 'being scared' - one of the Mods (I think it was Dave) posted recently:

 

The very worst thing that can happen, is that you go to Court, and lose. Meaning you're £39 (or whatever it costs you to present the claim) out of pocket.

 

Not the end of the world - and by all accounts, it doesn't seem that the Banks are keen to even let it get that far are they!?

 

Good luck & keep at the b@stards!

** 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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Can anyone help I'm ready to file a claim with the court but can not find the form for Scotland. Sorry if I seem stupid but I'm pregnant and my head is all over the place with this. Thanks

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