DonaldTramp v Bank of Scotland

[donaldtramp]

Well folks just of the phone to the sheriff court and,

 

Woohoo! No response from the BoS.

Off to the court now to get my decree made out against the bank.

 

They never attempted to respond to either the small claim or summary cause.

 

Thanks

 

DT

[speedy1uk]

Excellent DT. Congrats.

Let us know how long they take to get it all sorted for you.

Well done again!!!

 

Jacky

[donaldtramp]

I'll get my decree against them in about a week and a half. The court hearing is next Friday. I went into the court today and asked for payment plus interest plus costs. The judge will sit next Friday and decide the case. With no response from the Bank I'll be awarded my cash plus interest plus costs next Friday. The decree will be posted out (second class) so arrive in the middle of the following week.

 

When I get my decree I take it I have too write to them on 2 occasions then send in the sheriff officers? I hope they don't settle up straight away.

I would love to send the bailiffs in!!! Unfortunately I think they might pay up now.

What happens after I get my decree?? Write to them and ask for the cash or what?

 

DT

[donaldtramp]

Well well well, got a letter this morning, with a cheque attached!!!!

 

Dear Mr Tramp,

 

donadtramp -v- Bank of Scotland

Claim No XXXXX

 

I have received and have been dealing with the proceedings, which you have issued against Bank of Scotland in the Sherrif Court.

 

Your claim relates to bank charges debited to your account. These charges were debited to your current account in accordance wit the account terms and conditions which you agreed to accept, and by which you are bound.

 

However, on a purely commercial basis, it will cost bank of Scotland money to defend your claim in terms of the legal expenses that will be incurred. it is unlikely that BoS will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

 

For this reason, but without admission of liability, BoS is willing to reimburse £X in respect of the bank charges incurred, together with £350 in respect of the approximate interest that BoS has calculated was charged on your account as a result of these charges. The BoS will also reimburse £39.00 in respect of the court fee. This amounts to £Y. A cheque for this amount is enclosed.

 

I will write to the court to let them know that your claim has been settled and would be gretful if you could do the same.

 

We are keen to help you avoid any unnecessary charges in the future by providing various ways to manage your account. blah blah blah

 

Ultimately it is your responsibility to manage your account. If you incur any future charges the BoS reserves the right to withdraw your banking facilities; full details of this are explained in the terms and conditions of the account.

 

Yours Sincerely

 

BoS

 

Woohoo!!!!!

Edited March 22, 2009 by donaldtramp

[donaldtramp]

I still have a small claim running that will be heard next Friday for a couple of hundred quid. Now I take it if I don't cash this cheque before then I have not accepted full and final settlement??? And allow the small claim to progress.

 

Thoughts opinions?

 

DT

[allybee13]

Well done DT!!! That's a helluva lot of money! Unfortunately, I have no idea what to do about your small claim. I don't know what I'd do in your position.

 

It seem sunlikely that BOS will take the aggressive tactics that CB have done, but at the same time the court may still kick it out. I suppose it depends on whether you want to take the chance.

[donaldtramp]

I'll let you guys know what happens with the small claim

[maroondevo52]

Hi, Donald, Well Done !!!

 

I had my first Small Claim paid out by BOS on my court return date.

I started my first Summary Cause claim on the same account before I read George's thread. Was a wee bit worried, the clerk at Edinburgh Sheriff Court said he did not think you could split the claims up, but was not sure ? I phoned the court on my return date and there had been no response from BOS. Went into court the day after and handed in my form for decree. The clerk said I would have to wait 14 Days after my hearing date before I could instruct a Sheriff's Officer to get my cash. I have not hear anything from BOS. With my first Small Claim they phoned me on my return date to settle.

 

Regards.

 

Scott.

[donaldtramp]

Congratulations!!

 

I was very similar. They paid out on my summary cause by cheque but my court hearing day for the remainder of my claim(a small claim) was today.BoS haven't done anything in relation to this. They didn't respond by the return day and so will just have to wait and see what the sheriff did today. Apparently I will receive the outcome in the post mid next week. I'll post up what happens.

[donaldtramp]

Well folks a bit more news.

Miss Tramp (my GF) has just called the court about her return day which was yesterday. She was also against BoS and no response from BoS:p . She is off to fill in what she needs in her decree.

I've also called the court about my outstanding small claim. (The Sheriff considered it last Friday) I should get my decree posted out next Friday against the BoS. (They have 15 days to respond apparently)

 

So it all looks good. If the BoS treat my GF the same as me, she should have a cheque in the next couple of days!! Just waiting on the postman every day now!

 

DT

[donaldtramp]

It's been another good morning in the Tramp household:lol::lol:

Miss Tramp's (My GF) return day was on Thursday.She was just about to ask the court for what she wanted on her decree. Then checked the post this morning (Saturday) and there was a letter from BoS in the post this morning.

 

The letter had a cheque for £480 attached to it!!!!!

 

Standard response to her, same as my letter in this thread.

That's 2 of our claims been settled in this manner. Cheque arrives the day after return day.

 

Just to let you guys know, she was the same as me, she had left BoS about 2 years ago. Still no probs getting them to pay up though!!!

 

Good luck everyone

DT

[Jaybabes]

Congrats to you both DT... just hope I have the guts to follow it all through the court systems to.

 

Jaybabes

[Bigdaftie]

Brilliant outcome for both Trumps then. I've sent my LBA and am due to fill in court papers late next week if I have no response by then. You would think they would just pay up rather than wait for us all to file court papers by now!

[donaldtramp]

Well folks another development this morning(Saturday).

I have just received an Extract for Payment from my Sheriff Court.

It seems like the BoS forgot all about my small claim when they settled up my Summary Cause.

 

It states;

 

The Sheriff granted decree against the defender for payment to the pursuer of the undernoted sums;

 

(1) Sum decerned for £121.00

(2) Interest annually from 1 February 2007

(3) Expenses of £134.28 against the defender

 

This extract is warrant for all lawful execution thereon.

 

From having a read through the small claims guidance I reckon I can now send the Sheriff Officers in!!!!:lol:

Really looking forward to send them in!!!!!

Is this the case, can I send them in straight away? Has anyone else done this? I'm going to have to wait till Monday to phone the Sheriff Officers.

 

DT

[donaldtramp]

Well folks just off the phone to the sheriff officers. I have to now get the Sheriff officers to serve a charge on the BoS. This cost me £26.70 +VAT. But is's ok it goes on their bill!

I have to send my extract for payment and the original small claims form down to the Sheriff Officers in Edinburgh. The bank then have 14 days from receipt of letter to pay up.

 

If they don't, in go the bailiffs!!!

 

DT

[wsm36]

Get in there DT. By the way DT, do you have any idea what the limit on costs being awarded to the bank if you lose are, I'm off to Lanark Sheriff Court on Thursday with 3 of them.

[Giveitback]

Hey, there's a chance that they've lost track of your claim, which is why deadlines have been passed. I think that was what happened with mine. I got to send the bailiffs into my branch. They walked out with a bankers draft and a smile.

[donaldtramp]

giveitback,

 

What was the score with the bailiffs? I sent my preliminary letters to my local branch but the court case was against the BoS's registered address on The Mound.

 

My extract for payment was against the Head Office, was yours as well?

 

I wouldn't mind sending the bailiffs into the Head Office!!!!

 

Did you decide to send the bailiffs into the local branch. Can you decide?

 

At the moment the charge is being served on the head office. Is that what you did? If so how do you choose where the bailiffs go?

 

DT

[wsm36]

What do you want the most DT, the cash or to see the bailiffs marching into the bank or BOTH lol?

[donaldtramp]

WSM,

 

I'd like a bit of both.

But seeing as I already have the bulk of my cash back from them, I'd really like to send the bailiffs in!!!:)

Unfortunately they might settle up when they get the charge letter in:(

 

It's great though, I'm just playing with them now.

You've no idea how good this feels.....

 

I'll wait to see what giveitback advises as he has already been through it.

 

Good luck everyone

DT

[wsm36]

I would love to send in the bailiffs and see their dour faces get even more dour. :)

[donaldtramp]

Just received a letter from BoS.

 

I notice that you have previously accepted a payment in full and final settlement of your complaint regarding bank charges on your account. At that time we advised you that any future charges would stand, therefore I am unable to agree for a request for a further refund.

 

If you remain unhappy you can refer to the Financial ombudsman Service on

0845 080 1800.

Blah blah

 

Now, the letter they sent out with my cheque DID NOT mention anything about full and final settlement.

 

Anyhow doesn't matter a jot as I have a Court decree against them for the remaining amount (bout £300) from the Sheriff. Just off the phone to Stirling Park my sheriff Officers,

 

Stirling Park Revenue Management & Enforcement :: Welcome

 

and a charge has been served. So waiting on the copy of the charge being sent to me.

 

Then in go the bailiffs:):) to the head office!!!

 

Just posting this up in case someone else comes across this full and final settlement nonsense the Bank of Scotland are trying to get away with.

 

Cheers

DT

[donaldtramp]

Well it's been another good Saturday:).

 

Just received my copy of the charge certificate I had served on the BoS.

 

As part of the process the Sheriff officers have to serve a debt advice pack on the BoS at the same time! Ha ha, brilliant!

 

I Joe Bloggs (Sheriff f Officer) by virtue of the extract decree, in her majesty's name and authority and in the name and authority of the sheriff, CHARGE you to pay the sum set out as below(together with any further interest) within FOURTEEN days after the date of this CHARGE to Donaldtramp. If you do not pay this sum within FOURTEEN days you are liable to have further action taken against you. This may include arrestment of your earnings; arrestment of other property; attachment and auction of property held outwith a dwellinghouse and if the Sheriff so orders, attachment and auction of property held within a dwellinghouse. You are also liable to be sequistrated (declared bankrupt)

 

The CHARGE and debt advice pack are served on you today by my leaving and is witnessed by Joe Bloggs 2 (Sheriff Officers 2)

This might explain the 3 rushed phone calls I received from the bank on Friday!!! They were flapping like you wouldn't believe! MAGIC!!!

 

Nice to see some stress on them instead of us eh?

 

Now for my question. I take it seeing that this was served on the 4th April, more than 14 days ago, I can send the Sheriff Officers's in?

 

I can't wait till Monday!!! I just hope they don't pay up in the next few days. I want to pay for the sheriff officers to go in!!!

 

I'll keep you all posted

 

All the best

DT

[Barobalti]

They played that game with me, Donald, and I was down by 50 squids (non-redeemable) to send the Sheriff Officers in and shake them up.

 

You know I had a result last week and I really am rooting for your ship coming in as well in the next few days; unless, of course, you have the same hairstyle as your near-namesake...

 

I reckon we should organise a "Winners' Curry and P#ss-Up" over the summer -- how about the wonderful Kebab Mahal (don't be put off by the name) in Edinburgh followed by a pub crawl? An afternoon affair so that peeps from far-flung places like Aberdeen and so on can get an evening train home?

 

What do you reckon? Should I start a separate thread with this initiative? Any takers?

[Jaybabes]

Absolutely Baro... we should all wear "we beat the bank t-shirts" LOL

 

Wheres Kebab Mahal in Edinburgh, we have one over here in Rosyth but cant think where the Edin one is..... anyhow it sounds a good idea