Bank Charges BOS

[stevokenevo]

FYI - I started two claims against Halifax at the same time, one for my bro and one for my other half.

I used EXACT same letters, only changing the obvious, and the figures.

We filed at court for my OH and got a hearing date of 10/5/07 as we received no response.

We were about to file at court on monday for my Bro, when he got a letter today offering him all his charges back including interest.

 

It just goes to show, it's not personal, i believe they are simply snowed under, the deal with some cases, some slip through the net and some they just dont respond to at all which end with the claimant winning by default.

 

Good Luck never the less, we will all get there one way or another ;-)

 

S

[cascade]

I guess your right on that one. Just got a letter in post this am and it reads,

 

Dear Mr Cascade,

Further to our letter of 22nd March 2007. I'm sorry that you have not yet had a full response to your concerns.

 

We're still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no later than 17 May 2007.

 

Our complaints leaflet, which we sent you previously, explains how we will handle your complaint.

 

Yours sincerely,

 

Rebecca Thornton.

 

Redress Administrator

Core Business Team

Customer Relations.

 

 

Is this another stalling tactic or should I phone them Monday and give them a chance to settle or should I just go ahead and file for summary cause? Any advice is welcome.

[cascade]

Geez Back ma cash!

[eileen58]

Hi Cascade,

 

This seems to be bos proceedure. My son got the exact same letter from bos and so did myself. What I did for my son and myself was to continue with my case at court and filed for summary clauses on both of ours. My claim was last year and what happened is that just before the 8 weeks where up I received a phone call from the bank offering me a settlement. I was claiming for £1,570 plus interest, plus costs. The bank offered me £1,000 and I said no I would just continue with my claim. They then offered me the full amount plus interest, plus costs.

I have done exactly the same for my son as I did for myself. Went and filed a summary clause and only on Thursday last week went to the Sheriff Officer and he is now attempting to serve the papers on the bank.

 

My feelings is that I continue to stick to my timeline not theirs. What would happen if you left your case until the 4 weeks are up and they did not get back to you, you would have lost those 4 weeks off your timeline. After all you are not going to loose out because the banks still pay your costs.

I also think that it lets the bank see you are serious when they receive your court papers.

 

Eileen

[stevokenevo]

Hi, the letter you have received is a stalling tactic, press on and issue your claim. You will get the court fee back anyway.

[cascade]

Thanks stevo, I thought as much. Went to sheriff court today to pick up forms. Have amended the wording for box 7 on summary cause summons form 1 and 1b as posted by scotia. Would appreciate any advice as to the wording.

 

The claimant, XXXX XXXXX, has held a bank account with the defendant since on or before xx/xx/xx the account number being XXXXXXXX. The defendant deducted from the account various amounts of money in penalty charges during the period 26/03/02 to 05/03/07. These were in respect of 'Returned Items Charge' or 'Charges As Notified' (levied if a cheque or direct debit was returned unpaid as there was no overdraft facility on the account).

The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money with compound interest at the defendant's own rate of unauthorised borrowing of 29.80% on the grounds of reciprocity of contract. At the time of filing this action the defendant has failed to make any offer of settlement.

No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the defendant as a result of the breach.

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimant's account in the period from 26/03/02 to 05/03/07 along with interest as intimated. The sums are detailed in the attached schedule.

The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), The Unfair Contracts Terms Act 1977 and the Common Law.

The Defendant has a branch in Kirkcaldy therefore it is under the juristiction of this court.

 

Thanks for any advice.

[johniedepp]

Hi cascade, Good luck with your claim, I enjoyed reading your thread with BoS I'm at the same stage have received all the same letters etc. and am filing for court on Friday 20/04/07, your last post you say you went to court to pick up forms? I tought these could be printed off the templates? but not sure if need official docs as court letters?

Cheers JD

[cascade]

Thanx johnie pal but I still need to know if the wording here is legally acceptable spelling mistakes and all, Maybe a Moderator or experienced helper can keep me right. I know it is reasonably new territory, on contractual interest but hope I get my wording right on forms b4 I get to court. I have my arguments ready for court. Just I'm not so good at wording them in written format! Doh!:o

[cascade]

Ok! I can understand the aprehension here. Let's word it another way. If you were to word it this way initially, would you change any of the wording?, to suit yourself and if so how?.

[cascade]

OK! Guess I'll just go for it. No experience like work experience. Keep you all posted.:grin:

[stevokenevo]

If you are in need of any encouragement, read this ;-)

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/51036-mrs-stevokenevo-halifax.html

[johniedepp]

Hi Cascade hows it goin as I'm looking for a higher amount than the £1500 allowed on the OC been searchin about for info

Just been on the FOS website

If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.

This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.

I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.

Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.

Any advice please at this stage would be appreciated.

 

cheers

 

JD

[lol114]

Hi Johniedepp

 

Just thought I'd let you know, that as my claim was for £5890 Plus interest, I did the prelim letter and LBA to lloydsTsb, got offered £750 as a goodwill gesture and full and final offer. I requested that they take it back and I filled in the FOS claim form online and printed it off. I have sent it away and await a reply. The FOS form was relatively simple to complete, its just simply repeating what you have said in your prelim and LBA letters.

I would go down this route first, then if all else fails then we might have to consider court action, maybe by that time scottish small claim limit might be revised.

 

Just thought I'd let you know which route I was taking.

 

I wish you well

Linda

[johniedepp]

thanks Lol114

Ive prepared my letter for the fso as i dont think the bos will offer the full amount, I also have statements for 7 years so will be pursueing all of the charges, good luck and thanks for info

JD

[emo67]

Hey Guys need some advice, I am currently preparing court papers for a summary cause against HBOS. If anyone has got this far then on the summary cause it ask you to put down the defendants name and address. Would this be the branch manager and local branch or just the name of the bank and their HQ, The Mound etc??? :???:

[cascade]

Hi emo67!

I put down BOS, The Mound etc. Hope this clarifies your question and good luck.

[cascade]

Thanks again stevokenevo. It certainly has given me more heart.

[stevokenevo]

any word on this claim??

 

by my calculations your court dates should have been around about noW?