HBOS Charges reclaiming - 5 Accounts over the years.

[maroondevo52]

Hi Annie,

 

Well Done !!! BOS seem to leave it till the very last minute. My first Summary Cause against them had a court return date of the 13th march. I had heard absolutely nothing from them. I phoned the court this morning and they have not responded to my summons. I will go into court tomorrow to minute for decree(at least I think that's what the clerk said).

 

Well done again, I'll let you know how I get on.

 

Regards.

 

Scott.

[gemspan]

HI Scott

 

Good luck with your case!! I'm now on the hard bit - the bit where I have to get them to remove all the inaccurate data and defaults that they have registered with CRAs. Also, I am looking for compensation from them for turning my credit worthiness from excellent to very poor!!! This was all because they charged me these charges. As you know it is very easy for these charges to mount up and I had to find £4000 2 years ago to pay them. This mean other things couldnt be paid and I got charges for that etc., etc., So, now the battle commences with all my creditors to get the defaults, delinquint notices etc., removed.

 

Look forward to hearing how you get on

Annie

[gemspan]

Hi there

 

I have sent BOS a letter stating that they should remove all defaults registered against me because they are due purely to charges. I have also ascertained that had they not levied charges then I would have been able to pay all my other debts which, in turn, were defaulted due to my inability to pay because BOS had levied extortionate charges on me and taken away my overdraft.

 

I have heard nothing from BOS and wanted now to take them to court to have all the defaults removed that they have applied and also for compensation for them causing me distress, ill health and financial embarrassment. Until they started levying charges my credit score was excellent but I had to find £4000 immediately to cover charges on various accounts or they were threatening to take me to court.

 

I have been in touch with my MP about this 2 years ago and we dealt with the CEO of BOS Retail. This guy is now the governor of BOS in Scotland.

 

I was just wondering if somebody could point me in the right direction as to how to start my claim against them and what I should do. I would imagine that this will not be a straightforward case as I have had to take out loans to pay debts etc., and was in serious financial difficulty. I also had to sell my business to get some money to live on.

 

Any help would be gratefully received. I am looking to sue them for all the default notices etc., to other companies caused by their levying of charges. Also suffered serious depression and IBS which affected my business and couldnt earn money.

 

Look forward to hearing people's thoughts on this.

 

I want to start this claim asap as they have already had 14 days within which to reply.

 

Kind regards

Gemspan

[maroondevo52]

Hi, Annie.

 

Just an update, Its now the 2nd of April and I am still waiting for the Sheriff Court to send my Decree against BOS. I still have £5,115.00 to claim and I am in the process of getting an English address at the moment.Do you know if I can claim for my Business Account and my Visa Card Account at the same time as both are with BOS.

 

Thanks in advance.

 

Scott.

[gemspan]

HI Scott

 

Most definitely! Just make sure that you separate the amounts in your particulars of claim ie one amount plus interest for the credit card and the other for the business account.

 

I have just put in a claim for my business account charges which is over £700. You have to keep reference to consumer regulations out of the letter and only refer to Unfair Contracts. I think there is a template somewhere on the site. Have a look around for it. That will keep you right.

 

I am in the process now of trying to get the defaults removed that BOS placed on my accounts due to their charges - and only their charges. I have just discovered today that I can only get a mortgage for 80% LTV because of these defaults. BOS are going to have to pay me a lot of money for defamation because I can prove until they started their extortionate charging, my payment history was beyond compare. When they started charging I got so confused and had to find £4000 almost immediately!!!! They are so going to wish they had never had me as a customer by the time I am finished with them.

 

A letter is winging its way as we speak to the Governor at The Mound because their customer relations depts refuse to answer any of my letters. I also have my MP on the case and will be approaching the press very soon if this doesnt get sorted out to my satisfaction.

 

Anyway, sorry for me going on. I have just had such a rotten day with the mortgage news but it just means I will have to put off having my dream home for a while longer. You never know BOS may fund the dream home with their compensation!!!!!!

 

Good luck

Annie

[maroondevo52]

Thanks Annie,

 

and I wish you all the best with your battle. Hope everthing turns out right and you get that dream home.

 

Regards.

 

Scott.

[maroondevo52]

Hi, Annie.

 

Today BOS paid into my (closed )Business Account £106.60 costs/interest and £945.00. Refund of Returned Items Fee. Now I have to phone them tomorrow to go into my local branch and pick up my cash. Magic !!!

 

Regards.

 

Scott.

[gemspan]

Congratulations Scott. How can they pay money into an account that is closed. When an account is closed it is no longer there!!!! I would give them a piece of my mind. Also, they should have contacted you first before putting money anywhere. They did this with me too. Check to make sure they havent defaulted you because of this amount.

 

What a cheek!!!! They seem to think that they can do what they want. Why not just send you a cheque? Because its easier for them and much more hassle for you if they pay it into a CLOSED ACCOUNT!!!!!

 

Anyway, congratulations. I hope you're going down the pub tonight to celebrate.

 

Annie

[maroondevo52]

Hi, Annie.

 

I had an overdraft of £305.00. on the (closed) account. They paid my charges into it then took their £305.00. I went into my local branch today and withdrew what was left £747.60. They said because the account was with their collections department it was not really closed ? Anyway i'm glad I got my cash. They said they would transfer the money into another account but I told them I did'nt have one so they said it would be ok for me to withdraw it at my local branch. Now for the other £5,115.00. I'm going to phone them tomorrow and ask them to settle before I go to court again, don't know if they will, but they know i'll take them all the road.

No time for the pub tonight, had to take my nine year old son to Tae Kwon Do !!

 

Regards.

 

Scott.

[MY money!]

Hi Annie

 

I was put onto your thread by Maroondevo and it's been VERY helpful!

 

I'm currently about to use MCOL to claim £9,251.00 plus interest of £2,063.25. I'm not sure if the amount is right...I used the interest calculation tool on Martin Lewis' website but it seems such a lot. Not that I'm complaining if it's right!

 

Jumped through all the hoops as recommended on here but received nothing apart from standard '8 weeks to look into my complaint' letter. Completing MCOL plus just a bit nervous about making a mistake that'll cost me later.

 

Welcome any comments about which interest I should be including...it all seems so complicated when you have to get it down in black and white.

 

Many thanks

 

 

Jacqui

[gemspan]

Hi Jacqui

 

Dont worry. It is much easier than you think and you will be absolutely fine. Its perfectly understandable to be feeling the way you are feeling. I felt exactly the same but got my money back!!!!

 

If I were you, (and this is just my opinion!), I would simply claim for the charges and add the 8% interest that can be awarded by the court. Firstly, split your claim into 2, as you can only claim up to £5000 in the small claims in England - and then add the interest and the court fee. I have attached particulars of claim that I used which should help you. You simply insert your own details where highlighted. The reason I say just add the 8% is because you are definitely entitled to this and you will get your money. If you add overdraft interest at their rate ie contractual interest, they may argue and it will take longer. However, you must do what you feel is right for you and only you can decide that.

 

Have you had a look at the spreadsheets in the stickies? There is a simply spreadsheet that you can use which will insert the interest rate you want to apply for. It is very simply although it may mean that you have to do your schedule again.

 

I hope this helps

Good luck

Annie

 

PARTICULARS OF CLAIM

 

1. The claimant has an account (insert a/c number) with the defendant, opened approximately (insert date a/c opened). 2. Since (date charges started ie 01/01/2001) the defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contents: (a) the charges exceed the defendant's losses caused by the breaches; (b) The term permitting the defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999; Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims (a) return of the amounts debited of (insert amount of charges being claimed!); (b) interest at 8% per S.69 County Courts Act 1984 of (insert interest being claimed!) continuing until judgement or settlement at a daily rate of (work out daily interest - there are calculators in the forum!). 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. 7. Any inaccurate information or defaults registered with the Credit Reference Agencies must be removed.

[sea-sidelady]

Just a note, if you want to add contractual interest you have to include this in the prelim and lba.

[MY money!]

Hi again

 

Thanks for your prompt response....I know I'm just feeling last minute jitters but it's good to know people are there who have gone through the same thing before!

 

You mentioned about splitting the claim but I was planning to use MCOL and that would allow me to claim the full amount in one.....what are the disadvantages to this? One claim will cost me £250 (which I don't really have) but I HAVE to get this money back!

 

Jacqui

[gemspan]

Hi Jacqui

 

I am not sure about claiming the whole amount. I split my claim to keep it to the small claims. That way no costs can be awarded. I think it will work out the same if you do it that way but you have to put each claim in separately ie one after the other.

 

One thing though. If BOS think that you are serious they will settle the other claim before it gets to court. For instance, if you were to claim £5000 plus interest, plus court fees (I think £120) then you would get the money quicker because they would then look at the whole amount. Thats what happened to me. I think if you claim more than the £5000 then it is not then classed as a small claim. Maybe somebody with more experience will come along shortly to advise you.

 

Kind regards

Annie

[Aitchy]

Hi guys,

 

I was advised to read this link by maroondevo52 and it's been so helpful, so, Annie, thanks for sharing your experience (and well done!!!).

 

I am in the process of claiming back around £4500 for my mum (I'm going to start court proceedings using an English address on Monday). The Bank of Scotland have treated her terribly. She was in tears on the phone a few moments ago because HBOS have charged her another £100 for unpaid direct debits. I'm determined to get her all the money back.

 

Anyway, I wonder if you'd be kind enough to answer some of my questions? Everything is all very daunting at the moment.

 

1) All my letters have mentioned five years worth of charges. Seeing as I'm going down the English route can I claim six years without first warning the bank?

 

2) She's been hit with around £200 worth of charges since the LBA was sent out. Can I add them to the claim I make to the court without first warning the bank?

 

3) If I do claim six years the total charges will be around £4500. But if I add 8% interest (as I did in my letters), this will bring it over the £5000 threshold. Is this a problem? Should I just claim £5000.

 

4) So far I have addressed all the correspondence to my mum's branch in Scotland. If I claim in England should I address the claim to the HBOS head office in Halifax? Does it matter?

 

5) I am also going to be reclaiming about £1500 for my dad's business account. He was a self-employed gardener. Can I go down the same route?

 

I'm sorry if I've gone on a bit. Thanks for taking the time to read.

[sarahsalkeld]

I started reclaiming over two months ago for £3600 from an RBOS current and business account.

I received a letter 7 weeks ago stating that they were considering my claim.

I have had numerous telephone conversations with them, over the last two weeks they claim that an offer letter is in the process of being sent to me!

I'm not sure how long I should wait before starting court proceedings.

 

I also have £1700 charges in late mortgage payments ( this also includes £50 charges if the payment was on time but received by cheque and not direct debit!), can the same process be used to reclaim?

[gemspan]

Hi guys,

 

I was advised to read this link by maroondevo52 and it's been so helpful, so, Annie, thanks for sharing your experience (and well done!!!).

 

I am in the process of claiming back around £4500 for my mum (I'm going to start court proceedings using an English address on Monday). The Bank of Scotland have treated her terribly. She was in tears on the phone a few moments ago because HBOS have charged her another £100 for unpaid direct debits. I'm determined to get her all the money back.

 

Anyway, I wonder if you'd be kind enough to answer some of my questions? Everything is all very daunting at the moment.

 

1) All my letters have mentioned five years worth of charges. Seeing as I'm going down the English route can I claim six years without first warning the bank?

 

I would personally stick to the 5 years. You can always add the additional year at a later date. If you are going to claim 6 years then you must have stated that in your original letter.

 

2) She's been hit with around £200 worth of charges since the LBA was sent out. Can I add them to the claim I make to the court without first warning the bank?

 

Yes. You can add this to your claim. If they start adding more charges you can add these to your claim at any time. Simply readjust your schedule of charges and send them a copy when you send it off to court.

 

 

 

3) If I do claim six years the total charges will be around £4500. But if I add 8% interest (as I did in my letters), this will bring it over the £5000 threshold. Is this a problem? Should I just claim £5000.

 

Your claim does not include interest. Interest is added after the fact. This means that you will be able to claim the £4500 and then add the interest. In fact, you could claim up to £5000 and then add the interest - and of course the court fee too. That is added on automatically by the court.

 

4) So far I have addressed all the correspondence to my mum's branch in Scotland. If I claim in England should I address the claim to the HBOS head office in Halifax? Does it matter?

 

Yes. I used the Halifax address for correspondence when I used MCOL. All your letters will have been forwarded to Halifax anyway so there is no worry there.

 

5) I am also going to be reclaiming about £1500 for my dad's business account. He was a self-employed gardener. Can I go down the same route?

 

Business accounts are slightly different. You cannot refer to consumer law. There is a template letter in the stickies at the top of this forum to help you out. I am currently claiming for business charges and have just received a letter saying they have given their final response on the matter and the answer is no. Its off to court we go!!!!!!! LOL

 

I'm sorry if I've gone on a bit. Thanks for taking the time to read.

 

You havent gone on a bit. Its best to have things straight in your head before you start. There is a step by step guide for MCOL in the stickies as well. Business accounts are a bit harder but you will get there. You just have to be organised and well planned; keep to your deadlines and, most of all, enjoy getting all the money back for your parents. They might even get a nice little holiday from it.

 

Also, remember to include the removal of any defaults (if there are any!) in your particulars of claim. I didnt do this and am having a really hard time trying to get a default removed that was made up purely of charges. Im going to have to take them to court again for that but am going to claim compensation for defamation too. Cant wait

 

Good luck

Annie

 

xx

[gemspan]

I started reclaiming over two months ago for £3600 from an RBOS current and business account.

I received a letter 7 weeks ago stating that they were considering my claim.

I have had numerous telephone conversations with them, over the last two weeks they claim that an offer letter is in the process of being sent to me!

I'm not sure how long I should wait before starting court proceedings.

 

I also have £1700 charges in late mortgage payments ( this also includes £50 charges if the payment was on time but received by cheque and not direct debit!), can the same process be used to reclaim?

 

Hi there

 

Start your claim immediately. They keep to your deadlines - not the other way around. Simply get your claim in with the courts and that will hasten their response. I would imagine that you can claim the late mortgage fees just like the rest but have a good look around just to confirm that. Its absolutely appalling that they are charging you £50 for paying by cheque. Go get them girl!!!!!!!

 

Good luck

Annie

[Aitchy]

That's great. Many thanks for the advice Annie. I'll launch the claim on Monday and take it from there.

 

EDIT: Another quickie: did you send the claim to their Trinity Road, Halifax address???

[gemspan]

Hi there

 

Im in court tomorrow for my mum and dad's personal account with Bank of Scotland and also my business account. The bank had applied for an incidental application to sist both cases but have confirmed they will not be going ahead with the application to sist my case because it is a business account.

 

The development is this. They have offered to settle my account but only charges within the last 5 years. When I first started my complaint the time was well within the 5 years but because BOS have stalled and "made" me take them to court they are now saying it is time barred. I have refused the offer and want to ask them to disclose exactly how much it costs for them to administer etc., What should I say tomorrow to the judge? I feel it is because BOS have stalled that my claim is now outwith the 5 year time limit.

 

Any advice would be gratefully received. I am in court at 10.30am.

 

Thanks in advance.

Gemspan

[Lula]

I would say exactly that to the judge, in any case they cannot sist the case because it is a business account, now when they made the offer, was it Without Prejudice? if so you cannot show the judge, but you can argue and show that when you started the case, it wasnt statute barred and you think that they are acting unfairly .

 

I think that you have a good case and that the judge will see it your way.

[gemspan]

Hi Lula

 

Thanks for your reply. The offer was verbally from the solicitor. Nothing in writing as yet. She said it was entirely without admission of liability etc., I thought this was just going to be a straightforward argument about sisting, now I'll have to look out my paperwork etc.,

 

I think I have a good case too. I thnk the solicitor thinks I have as well but obviously she can't say.

 

Thanks again

Gemspan

[Lula]

You might find that you get a call first thing offering full settlement, if they do that you can accept on the understanding that they fax the court, you will still turn up (dont let them talk you into not going) and then get the court to ratify it and then they have no get outs - good luck

[gemspan]

Lula

 

Have a look at my post in "How to force a Court to lift a sist" to see how I got on. I am absolutely livid and have spent all of today trying to find out what I can do about it.

 

I have a plan of action!!!!!!

 

Gemspan

[gemspan]

Hi there

 

At my hearing on Tuesday the advocate said that 90-95% of sists had been granted in Scotland. I disagreed with this but was told by the judge that she had no reason to doubt what he was saying was true!!! So basically she has a reason to doubt that what I am saying is true.

 

I am now looking to gain evidence to take back to court with me so to substantiate what I said.

 

Please can you let me know if your case has been sisted in Scotland in relation to bank charges and what court it was sisted in and by what judge.

 

Thank you

 

I am now like a terrier with this. I will prove them wrong.