Cerise -V- Bank of Scotland

[Mairi]

Hi Cerise

use this link.

sorry cant get the link to work.So go into Scottish section, near the top there is a post "scottish procedure" by Scotia, its also in the guidance notes.

its a copy of how to fill in the claim , just change the dates and stuff. This is the statement i won with, Twice. With loads of thanks to Scotia.

mairi

[Cerise]

Link doesnt work

[Mairi]

i know sorry have changed my reply above

mairi

[Cerise]

Still doesnt work

[Mairi]

Its in the guidance notes under "scottish procedure"and in the scottish forum, near the top

mairi

[Cerise]

Havent sent away the court papers yet but got a letter from the bank on Friday offering me 222 pounds back. Shall I reply declining the offer and tell them they have 7 days to offer me a full refund of 1300 pounds or I'll pursue it through the courts, or shall I just go ahead & send my papers away to the court?

 

Im thinking maybe the former option because I kinda messed things up a bit and dont have the spreadsheet of charges to send to the court, which they are requesting I send with the claim papers (should of made a photocopy before sending them to bank) and have had to request my statements all over again so I cant really do anything till I get those anyway.

Any advice would be much appreciated

 

At least we're getting somewhere now!

[Cerise]

bump

 

no advice? if im going to post them a letter, need to do it in next hour!

any help would be greatly appreciated!

[Mairi]

hi cerise

send the letter accepting the £222 in PART settlement of your claim, let them know you'll be back for the rest. Say in your letter i look forward to your reply. (this will give you some time) I wouldn't give them 7 days because you may not have received your statements by then.

Have your claim all ready to go and as soon as you have a new list of your charges made up you can pay a visit to your local court.

hope this helps

mairi

[Cerise]

OK and fill in the acceptance form? Not sure if I should incase they write back and say ok you accepted the 222 by sending back the form and thats all your getting kind of thing! So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?

Thanks Mairi

[Mairi]

"So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?"

Looking at my OH offer letter and form, I wouldn't bother filling it in, i'd just send a letter. It will probably lead to a second offer which will at least buy you some time.

mairi

[Cerise]

Thanks, Im sending the letter off just now

[Cerise]

No response to my letter sent 2 weeks ago declining the offer of 222 pounds. I called the fife number to ask if anything had been sent to my old address (moved house recently) and was told by the operator that nothing had been sent after the last letter from Elaine Brown offering 222 pounds back.

So Ive no choice but to take this to court now, grrrrr, they had to make me fight it all the way and Im leaving the country December 1st for a year!

[Mairi]

Have you still not got your new set of statements yet Cerise?

[Cerise]

Nope, still waiting on them

[jimmelling]

BOS wont play! Try sending an LBA with a completed N1 form ( or Scottish equivalent) attached (complete online and print off two copies - one for you) Use the guidance in the templates section for the wording on the court form. Give them 7 - 14 days (whichever you prefer) to repay your claim in full or you will action the court form. Looks like they will only respond to court cases in the end. Good Luck!

[Cerise]

Good idea, might as well do that whilst Im waiting for the 2nd lot of statements to come through.

Sent 3 emails to them ($CustomerRelations@HBOSplc.com) as well and got no reply but got 3 read receipts..........hmmm.......

Funny how when the tables are turned they dont want to know!!

If it was me owing them 1300 I wouldnt hear the end of it.

[Mairi]

If it was me owing them 1300 I wouldnt hear the end of it.

LOL. That is sooo very true. They'd be phoning you every 5 mins.

Once you have written to them 2 or 3 times they seem to catch "selective hearing/reading syndrome"

Some of the call center staff are nice though and they ain't paid too well, so maybe if you speak to someone with a sympathetic ear you might get the statements sharpish.

mairi

[Cerise]

Received a letter when I got home yesterday offering me 668 pounds.

Shall I reply declining it, enclosing a copy of the claim form or just go straight ahead with the claim?

Time is not on my side - Im outta here in 7 weeks! Lets say for talking sake I sent away my claim to the court today - how long roughly would it take for the hearing date?

[Cerise]

Quick question - that N1 form is different from the one printed off from the courts website which says 'Form 1' Summary Cause Summons

 

Which one do I use?

[gargoil]

N1 form is for use in English court system, if you follow the http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html you will be fine, forms 1 and 1B!! Good luck!!

[Cerise]

Good stuff, thats the one I filled in. Any chance I can email you it so see if its been done correctly? Dont want anything else messed up, Ive made a pigs ear of it as it is!!

 

Sooooo, should I send a copy of the claim form to BOS and say if I dont received a full refund in 7 days, Ill be sending the claim to the courts? Might as well chance it while Im waiting on those statements anyway as I cant send papers to court without that bloody spreadsheet of charges!

[Mairi]

I don't think you should send them a copy of the claim, let the court do that.lol

You'd be giving them more time to think up a defence.

[Cerise]

I know but Im sitting here diddling my thumbs whilst waiting for these statements to come through so I might as well try something rather than do nothing? See if they'll cough up the full amount if they see im serious about going to court.

Aaah its worth a try, Ill send it off today and see how it goes

[gargoil]

I wouldnt recommend that, they won't pay out until they have the court papers from th ecourt your wasting your time doing that as theyll just think anyone serious enough would just go straight through the courts!

[Cerise]

OK finally got my statements sent through again and I need to do this spreadsheet thing so I can send it to the sherrif court - does it have to be a spreadsheet as Im not very good with excel or can you just list the charges with the date beside it? If it has to be a spreadsheet - can anyone send me their copy and I can chage the figures/dates in it?