alanfromderby v Bank of Scotland ** SETTLED **

[alanfromderby]

Last, but not least, Bank of Scotland.

 

This is a MasterCard account which has been hit with quite a few late/over limit charges. DPA request on it's way on Monday.

 

I will take a rough guess and say the claim will be in the region of £1,000. We are going to have a very enjoyable holiday this year!!!

[Bookworm]

Very nice. A few more like this, you'll be able to move there!

[alanfromderby]

Ironically, that is our eventual aim!!

 

Part of our holiday will be spent checking out a few things. We have one tie still to Derby (and it's not the mighty Ram's!!!), but certainly I would expect within the next five years or so to be moving across the Channel.

[alanfromderby]

Received six years worth of information from BOS this morning, and have spent an enjoyable hour with my highlighter pen!!

 

The result is a prelim letter going off for £1350 plus £507.92 interest - giving a total of £1857.92. With the track record of BOS, that should be comfortably through in time for our holiday.

[Mairi]

Hi Alanfromderby,

 

" With the track record of BOS, that should be comfortably through in time for our holiday. "

 

Hope you're not going on holiday till at least Oct from my experience with this lot, or you may be disappointed.

 

Mairi

[alanfromderby]

Hope you're not going on holiday till at least Oct from my experience with this lot, or you may be disappointed.i

 

I would say you did let your timetable slip a little at the start - also I note that yours is a closed current account, whilst this is a credit card account. With the OFT statement being specifically aimed at Credit Card companies, they do have to at least look as though they are making an effort to comply.

 

I also have the advantage that I will be going through the English court system so can claim the full amount in one go...should it get that far.

 

We go away on 17th August...we shall see, but I am confident that this will be resolved before that date.

[Mairi]

Hey Alan

My account isn't closed - not yet anyway, they just threatened to do it a little while ago and told me do give back my card until i had paid back some of the overdraft, luckily i had a parachute set up, i wasn't too clear on that point. i didn,t mean to be so negative, sorry. Just losing my nerve a little. I'm now in the process of going after my husbands charges and am NOT going to fall so far behind schedule this time, (2nd letter to be sent Mon morning) learnt my lesson.

Finding all this fraying at my nerves.

Sorry again

mairi

[Movingon]

Errm.... aren't credit card charges usually zero-rated for interest?

 

Received six years worth of information from BOS this morning, and have spent an enjoyable hour with my highlighter pen!!

 

The result is a prelim letter going off for £1350 plus £507.92 interest - giving a total of £1857.92. With the track record of BOS, that should be comfortably through in time for our holiday.

[alanfromderby]

Finding all this fraying at my nerves.

 

Hi Mairi

 

No worries, it is a stressfull thing having to take legal action against anyone. Certainly when it is against a large company with unlimited resources it is easy to become overwhelmed with it all.

 

I am basing my comments on the other cases against BOS, who seem to be trying to avoid litigation where possible, although obviously some cases do slip through the net. I may be wrong, and they may decide it is time to fight.

 

At the end of the day though, I know that the law is on my side, and if it means standing in front of a judge to argue my case I will do. The great thing is that, should it get to that, there are people ready to offer help and support, and even come along to court with me.

 

That is the most important thing to remember - we are all in this together and supporting each other.

 

Look forward to reading about your progress.

[Mairi]

hey alan

thanks for the forgiveness. You've just given me a moral boost to at least last till the end of the week.

mairi

[hondamad21]

Hi alan,

 

Just wanted to wish you luck.

 

I received my statments on saturday but they missed 2 months in 01.

So I have sent tem a letter asking for them + if there was any manual intervention on the account.

 

Anyway hope you have a good holiday

 

hondamad21

[Movingon]

Errm.... aren't credit card charges usually zero-rated for interest?

 

Sorry Alan, thought you might have missed this...

[alanfromderby]

Sorry Alan, thought you might have missed this...

 

In the month the charge is added possibly.

 

However, if I was to have a zero balance, but had incurred a charge from the previous month leaving my balance at say £20 owing. I can guarantee that the following month they will charge interest on that amount.

 

Of course, I could play the mutuality and reciprocity card - and charge them interest on top of the lot as well, for "borrowing" my money. I think they should see it as a "sign of goodwill" that I am only asking for the amount mentioned above!

[alanfromderby]

Had the first stupid offer through today - £162, gave us a good laugh anyway!!

 

Go away and have a rethink letter gone off today.

[alanfromderby]

It would seem that my "Go away and have a rethink letter" has not reached the person to whom it was sent. As today was the deadline fo rthem to comply I spoke to the person concerned, and was told that she had no intention of paying up - and could not do anything until she had the letter anyway.

 

After managing to extract an email address I sent a copy to her - along with the details of exactly who signed for the original, and at what time - and a comment that I considered:

 

"the “loss” of this item to be careless handling of a legal document, and is in itself a breach of one of the key Principles of Data Protection as outlined in Schedule 1 of the Data Protection Act 1998, because your internal organisation has failed to deal with it in a proper and secure manner."

 

I have now given them until Monday to reconsider their position - otherwise it is off again to Derby County Court....think I'm going to ask if I can have an account!!

[Valdez is Coming]

Alan.......you are priceless!

 

Long may you continue to disrupt the vultures' feeding frenzy! You inspire all of us to be unafraid of these large, greedy organisations who, despite their money and resources, are powerless against a determined individual who knows more than they do! With very best wishes.

[JMio]

Good luck Al - I'll be in the same boat veeery shortly (albeit for the marginly lesser amount of £60!)

[Ihatebanks]

I have now given them until Monday to reconsider their position - otherwise it is off again to Derby County Court....think I'm going to ask if I can have an account!! __________________

 

A Bench in the Foyer prehaps dedicated to Alan for his sheer grit and determination:razz:

[norvernrob]

Errm.... aren't credit card charges usually zero-rated for interest?

 

Even if they were you can guarantee that they would be the first thing your next payment pays off - leaving you to pay interest on the same amount left on the balance. That same amount would have been paid off had the charges not been applied.

 

If they don't want to pay the interest they can go to court and argue about it can't they.

[alanfromderby]

Second offer of £500 rejected this morning by email.....along with a reminder that unless they reply positively by 12 noon on Monday my court action will be issued, and they will have to pay lots of interest and charges on top.

[alanfromderby]

Deadline passed without any response, so N1 duly issued at Derby County Court this afternoon. Claiming £1400, plus commercial interest of £525.27, and of course £120 issue fee.

[goforit]

Why don' you claim contractual interest at the "unauthorised" rate?

[alanfromderby]

Whilst I would agree that it could be argued, I am not convinced that a judge would allow it on the balance of the circumstances. It must be remembered that these claims are based on the fact that WE have breached the contract.

 

It can be reasonably argued that the authorised interest rate is a commercially acceptable rate, and that as a consequence of the bank taking those fees you have been deprived of this amount of potential interest, or have been penalised by extra borrowing.

 

Applying the same argument to the unauthorised rate may be successful, but I feel that a judge could be less than sympathetic - especially if the bank had offered a settlement at the authorised rate or s.69 rate, and the claimant had refused and taken the argument into court.

 

I don't see any reason why we should not make the position clear that we are entitled to seek the unauthorised rate, but I also believe that we should be seeking a fair and amicable settlement for our claims. I could not have earned 29% on the money they took, indeed I would probably have spent it. Therefore I am happy to accept a compromise based on the authorised rate.

 

Call it goodwill.

[misspickles]

Hello AlanfromDerby,

 

I was wondering how you worked out your interest rate? I am about to send a Pre Lim to them but really want to include the interest i have been paying on my charges. Any tips would be gratefully received!

 

Miss Pickles

[goforit]

Deadline passed without any response, so N1 duly issued at Derby County Court this afternoon. Claiming £1400, plus commercial interest of £525.27, and of course £120 issue fee.

 

Have you claimd contractual interest?