Me-V- HBOS. Plc

[Tom Carter]

Hi, my thread is in the main Halifax section

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/11173-just-starting.html

 

 

As as you can see I've just started cout action on the 30th of August at Dundee sheriff's court. So I thought i would come here for a bit more support from people who are going for their charges refunded in Scotland too.

 

The guy at the Sheriff's court was really helpfull and even took this web sites address (think he might have some issues with his own bank:) ).

 

I'll let you know how it goes and good luck to everyone else...

 

Oh just 1 note i got standard holding letters in reply to both my Prelim and LBA letters after the 14 days deadline so it was right to court action, STICK to your time table NOT theirs.

 

Tom

[Mairi]

good luck Tom, although you will win and not through luck.The law is on our side.

I'm onto my second claim from this lot, started on the 28th Aug.Got my dates through today.

Roll on 19 October.LOL

mairi

[reidnet]

Hi Tom,

Glad the guys at Dundee court were helpful..Im going down Tuesday or Wednesday with a claim Against Lloyds TSB and one against Halifax..

 

Will keep an eye on how you get on too mate..

 

Good Luck

 

Ian

[Tom Carter]

Hello

 

Got a phone call from Michael Davernport (customer relations) today

 

His Direct phone number is 01212541068 (another for the list:D )

 

He offered me £160........ LOL then £482 still no chance..this was in response to my LBA, better late than never.

 

I also got a letter from Dundee Sheriffs court, Return Date 9/10 hearing date 16/10. Looking forward to it, Not long to go now.

 

Will keep you all updated

 

Tom

[mcarreno]

Hi

 

Can I ask did you use the standard claim info in FAQ

 

I'm just filling in mine now

 

Thanks

 

M

[stansghirl]

Hi there,

 

Im new to the Consumer Action and i am thinking of writing to the Bank of Scotland but I do not have bank statements going back 6 years and over the past couple of years have not incurred bank charges apart from the other month when I went £2.00 in overdraft but I called them and sorted it out and they never charged me to my surprise. Can anyone help me with a style letter that I send to the bank in order that they can let me have a list of the bank charges that have been incurred over a 6 year period or will the bank just shred my letter.

 

Regards

Libby

[giblingirl]

Hi Libby,

 

Here's a letter for requesting a list of your charges:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

 

also check out:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

&

 

http://www.consumeractiongroup.co.uk/forum/scotland/16053-scottish-jurisdiction-mike-dailly.html

 

Lots of reading but will keep you right!

 

Cheers!

 

PS If you start your own thread with any other questions you'll get loads of help!

 

Good luck with your claim. I'm still waiting for my statements from the Halifax so not too far behind you!

[stansghirl]

Hi giblingirl,

 

I appreciate your help and giving me the information. Im not sure how to start threads but Ive just joined I will have a bash and maybe after a bit of practice will master the art.

 

Thanks again

 

Regards

 

Libby

[giblingirl]

Hi Libby,

 

I'm new to all this too so a lot of guess work on my part! You can start a new thread by hitting 'new thread' at the top of the front page.

 

Good luck with everything,

 

Regards,

[shazza2hot]

hi new to this too just been to court to raise 1st smalls claim hopefully done it correct

[Tom Carter]

Hi

 

Can I ask did you use the standard claim info in FAQ

 

I'm just filling in mine now

 

Thanks

 

M

 

Basicaly yep i just used the Pro forma statement of claim from the goven law center you'll find it here; Step 2 - small claim action in Scotland | legal help from Govan Law Centre, Glasgow, UK

 

I changed para 2 to read:

 

2. The pursuer has a current account with the defenders Account No 00xxxxxx (Roll No D/xxxxxxx-x) and between xx/xx/xxxx and xx/xx/xxxx and has had penalty charges applied to his account totaling £710.00 (hereinafter referred to as ‘charges’)

 

and para 6 to read:

 

6. The Claimant claims from the Defendant a sum equivalent to the amount unlawfully debited from the Claimants account from xx/xx/xxxx to xx/xx/xxxx (£710.00) along with 8% interest (£200.80 ) for being deprived of the use of these monies and also along with the costs of bringing this claim'.

 

Hope this helps you, if you need any more just let me know.

 

Good luck

Tom

[mcarreno]

Hi Tom

 

many thanks

 

 

Will type up today and go to edinburgh court tommorow

 

M

[Tom Carter]

Hi All,

I've been on holiday in Turkey

 

I checked my bank account while i was away and.............

 

£949.88 credit from Halifax :lol:

 

I WON !!!!

Part 1 down part 2 on it's way to court in the next few days..

 

Thx for all the help and advice i'll do the survey and a donation is on it's way

 

 

Tom

[Mairi]

CONGRATULATIONS TOM

 

No 2 should be a lot quicker, my OH's 2nd sm claim was settled within a week.LOL

[wsm36]

Congratulations Tom

[Tom Carter]

Hi just to clarify:

 

In Box 4 on the form1 i put..

 

'The pursuer claims from the Defender the sum of £XXX with interest on that sum at the rate of 8% annually from the date that each penalty was applied to my account, Account no XXXXXXXXX (Roll number XXXXXX). Together with the costs of bringing this action.'

 

 

I've seen that people have had a problem claiming the 8% in Scotland i was speaking to the sheriff this morning (as i filed my second claim) and he said that i could claim ether the 8% anually which i went for, or the 8% from the date of summons but NOT both. If you use the text i have above and the changes to para 2 and 6 above you should be ok, Well it's worked for me

 

hope this helps

 

Tom

 

OH and 2nd Claim filed today

[MARTIN3030]

Well done Tom;)

[buzby]

Excellent news! I'm assuming this was done prior to the case calling in Court?

[Tom Carter]

Yep return date was 09/10

hearing date was 16/10

 

:lol:

 

Tom

[buzby]

I BET you were disappointed at not getting your day in court.....!

[alic]

Tom... I'm with hbos...would you recommend opening an account with another bank just in case...ive read stories of peoples accounts being closed?

[buzby]

Crumbs - ALWAYS have another bank account for emergencies - irrespective on any pending legislation, as you can be sure they will do their best through CRAs to stop you doing just that. Beat them to it!

[alic]

thanks i will do that!

[jimmelling]

Well done to the successful claimants in this thread! Question - if you have three accounts with the same bank...do you have to pursue three seprate court claims or can you just claim one amount across the 3 accounts? The court action would be in England.

Advice needed?

[MARTIN3030]

It has been done but the logistics are awkward.......you would have to do it over the counter on an N1 as you probably would struggle with Moneyclaim.

 

 

Your SAR request would cover all accounts tho.....one fee 10.00.

Theres no reason why you could not launch them all at the same time.

Ok its 3 fees but.....you get that back.