gordieboyglasgow v BOS

[gordieboyglasgow]

I meant to add......

 

I have also opened a new account with Lloyds TSB scotland to help protect future events.

 

I have also been receiving letters from BOS stating that my account is 'seriously' in arrears (£150 over o/d due to their charges!!!) and that they are going to start charging stupid amounts for phone calls and also start debt recovery proceedings. I have replied to them stating that as we are currently in dispute regarding charges to the account I will not be rectifying this matter until such dispute is resolved. Therefor please do not start any other actions on the account until such times. I have also assured them that the account will not be used any further. Have I done the right thing? Or should I just clear the amount in case it affects my credit rating? I dont want this situation to get any more complicated than it already is.

 

Any help and advice appreciated.

 

Cheers

 

G

[Mairi]

Hi G

I had this way back in April, had my cheque book and switch card taken away and i agreed to pay back the over/over draft at an amount that suited me, on a monthly basis. This all happened at the beginning of my claim. I stopped using the account also and stuck with my new parachute acc.

Paid back most of it but the BOS paid back the rest when they settled my first claim.lol

try and make an agreement with them that suits you, if you do this it shouldn't affect your cr score. But if they don't accept and you can pay it back then I'd pay them, it will stop them hassling you.

mairi

[smoorach]

hi gordie,

just a quick one for you i went to my local court and was advised by them to put my claim out of small claims and into summary cause cattagory. this avoids wasting so much court time and also makes bank sit up and take notice. it raises claim to 1500 limit however it doesnt come without a risk. you could IF you lose POSSIBLY be liable for costs up to £750 for the other side. however court assured me this was a near zero risk as judge wouldnt find for costs against person bringing case against large financial institution except in exceptional circumstances.

[gordieboyglasgow]

Hi

Thanks for your advice guys. I think I will go down the summary cause route then. I take it that everything is filled in the same way as the small claims?

I will let you know how I get on.

 

G

[smoorach]

hi gordie,

i would definately recommend summary cause now hehehe i just won and my case isnt anywhere near to being heard as it wasnt til the 17th nov. the docs needed are slightly different to the ones for small claims but i would just go down to the court and pick them up if i were you as its a bit confusing on the internet as to which ones you use. good luck once you file thier total surender is nigh. i am filing next claim from them by next week if they dont play ball but they should see im serious now. if you need anything please feel free to ask

[gordieboyglasgow]

Hi Smoorach

 

CONGRATULATIONS on the first 'victory'.

 

I have downloaded the forms from the scottish court website and filled them in (i think correctly!! lol) so just need to get the time to pop down to my friendly neighbourhood court and get the helpful (if they are in a good mood!! lol) clerks there to check over it to make sure i havent missed anything obvious and hopefully they will be receiving another nice wee form to look over at the mound or leeds or halifax (wherever they decide to 'redirect' it to this time!!)

 

Just a quick question though, how do I go about 'serving' a summary cause on them - i believe a sheriffs officer has to do it? just to make it even more confusing!!!

 

Thanks again

 

G

[smoorach]

gordie your court will check you papers for you and at the same time they will advise you of sheriffs officers in area. you just pop along to one of your choice tell them what you want and pay the fee. £15 odd if they can do it by post so use an adress where someone will be in to sign for papers. also one thing i realised when i read through your thread again you have mentioned that you will claim for six years of charges? in scotland we are limited to claiming back five years. also wait til one case settled before trying for next lot as they will lump them in together and this takes you into next bracket for which you must use a solicitor .

[smoorach]

one other point the forms to download check that they are the ones for claiming against a company rather than an individual. saves time at court filling in other ones if you get wrong one from web which is very easy to do.

[Dawnb]

Hi Guys

sorry not posted for a while. But here is a quick update.

 

Recevied hearing and return dates for small claims for the £295.00. a few weeks later received a letter from HBOS stating they would settle without prejudice etc..

 

received money to bank account (which strangely enough was near enough all taken out again to cover MORE charges.. but thats a different story!!)

 

Since then I have sent letter one and two off asking for the full amount (£6353.00) stating that I would beging proceedings to recover, but would be breaking it down into £750.00 chunks as allowed by the scottish small claims proceedure and these would follow on from each other with no further notice. Dont expect to get a resolution without issuing small claims, but you never know.

 

So here goes on the long road to recovery as it where.

 

A quick question.. After the first claim for £750.00 has been settled can I start another small claims straight away or do I have to go through the 2 letter process again? It is going to take long enough without having to wait for 28 days inbetween each claim.

 

Thanks again and good luck to everyone claiming.. keep at it Im sure it will be worth it in the long run!!!

 

G

 

p.s. A method I found useful, may be of help to others

 

I have noticed some people saying that the process is a little quick sometimes and they havent had time to get all the paperwork, small claims forms together etc or they feel the letters etc are never ending.

what I have done is when I had a few hours to spare, i completed all the small claims forms and letters for ALL the actions that i am going to have to do, saved them all on my computer (claim1, claim2 etc) so they are readu to print off as and when. this I think will help to stop me getting 'disheartened' by the reptition of the forms. I did it when I was 'phsyced up' to take them on and it should hopefully make my life easier.

 

Hi Geo,

 

I was reading the above thread with great interest as i am claiming a good whack back aswell. I have a wee question for you, what form did you use that you could save claim 1 claim 2 etc., because the forms i have been using have been on acrobat and i couldnt save them, if you could let me know what form you use or send me a link that would be great because i have been wanting to fill all of mines out ready to print when and need be.

 

D

[gordieboyglasgow]

Hi Dawnb

 

I found the forms on the scottish courts website (so they are the scottish ones not sure if there is adifference with the english ones or not) I have posted links to the form download area on the site below. If you scroll down it gives you the option to download the forms in either PDF format or word format.

 

I hope this helps.

 

G

 

Summary cause:

Summary Cause Forms

 

Small Claims:

Small Claims Forms

 

p.s. thanks to everybody for their advice, help and answers to my queries, i will keep you posted how i get on.

[gordieboyglasgow]

Hi DawnB

 

I got them from the scottish courts website, the links to the download pages are below. If you scroll down it gives you the option to download as either a PDF form or a word document.

 

IMPORTANT - Make sure when you are filling in the form in word that you dont change the layout, formatting or box sizes in the template or they propably wont accept it. If you have to decrease the font size of the text you type into the text boxes so it fits or you can use an additional sheet of paper if required.

 

Hope this help.

 

G

 

Small Claims Forms:

Small Claims Forms

 

Summary Cause Forms:

Summary Cause Forms

[gordieboyglasgow]

Hi All

 

Sorry for the duplicate posts, I seem to be having trouble accesing my own threads at the moment and when I try to post a reply it tells me it has failed when it hadn't so i re typed the reply and reposted (with some additional comments).

 

again my apologies (maybe a moderator can sort out my mess for me! !;-)

[Dawnb]

Hi DawnB

 

I got them from the scottish courts website, the links to the download pages are below. If you scroll down it gives you the option to download as either a PDF form or a word document.

 

IMPORTANT - Make sure when you are filling in the form in word that you dont change the layout, formatting or box sizes in the template or they propably wont accept it. If you have to decrease the font size of the text you type into the text boxes so it fits or you can use an additional sheet of paper if required.

 

Hope this help.

 

G

 

Small Claims Forms:

Small Claims Forms

 

Summary Cause Forms:

Summary Cause Forms

 

hi Geordie Boy,

 

thanks for the links, i received a letter today offering me a part payment of 825.00 from the RBS, i have wrote them a letter accepting this offer as part payment but also letting them know that i will be going for the 3 grand that i am owed. when the rbs offered you a part payment and you let them know that you would be going for the total owed did you receive the part payment or did they not give you it as you were going for the complete total. I am desperate for this part payment as crimbo is near.

D

 

[gordieboyglasgow]

Hi

 

The letter i received was actually trying to get me to accept the amount as full and final settlement, meaning I wouldnt be able to claim any other amounts back from in either from the past or in the future. Obviously i rejected that and told them i would accept it as part payment without prejudice to any further claims - obviously i never heard anything from them again lol.

 

I know the money will come in handy for xmas but it's got to be better to stick it out and get back EVERYTHING they owe you? I expect they will be making a lot of full and final low settlement offers in the run up to xmas hoping people will take the money and run. But the way i look at it is that I don't have the money at the moment anyway so, whilst it would be good for xmas, I haven't accounted or budgeted to cash to use. So i am going to be holding out for it all. Obviously everybodies financial circumstances are different and you should do whatever suits you the best at the time.

 

Good luck and stick with it, there are loads on here (along with myself) who can give you a 'morale' boost if you need it i'm sure.

 

G

[Dawnb]

Hi

 

The letter i received was actually trying to get me to accept the amount as full and final settlement, meaning I wouldnt be able to claim any other amounts back from in either from the past or in the future. Obviously i rejected that and told them i would accept it as part payment without prejudice to any further claims - obviously i never heard anything from them again lol.

 

I know the money will come in handy for xmas but it's got to be better to stick it out and get back EVERYTHING they owe you? I expect they will be making a lot of full and final low settlement offers in the run up to xmas hoping people will take the money and run. But the way i look at it is that I don't have the money at the moment anyway so, whilst it would be good for xmas, I haven't accounted or budgeted to cash to use. So i am going to be holding out for it all. Obviously everybodies financial circumstances are different and you should do whatever suits you the best at the time.

 

Good luck and stick with it, there are loads on here (along with myself) who can give you a 'morale' boost if you need it i'm sure.

 

G

 

Thanks Geo for the support, well since i asked you the last question, i have since then e-mailed mr mclean and told him that i will accept the amount as a part payment of the total amount due to me and that i will if need be go to court for this.

 

so basically i have done the same as you and as you said i will have to wait, i am not takin less than half of what i am due i will wait for the full whack. do you think that he will send me my partial payment.

[msneddon]

I also recieved a similar offer from Abbey solicitors. I accepted their 100% offer but did not accept the conditions imposed. I am due back in court tommorow and have not heard anything from Abbey since I will let you know how it goes

[gordieboyglasgow]

Hi

 

Just received paperwork back from court. Return Date of 13/12/06 with a hearing date of 20/12/06 (which is also my birthday strangely!!). Took to sheriffs officer for serving (cost £30.25) so hopefully they will cave in and settle early then I can begin the second lot (for another £1400). with a bit of luck they will just settle the lot after this as they can see im serious! (yeah right like they'd make life easy!!! lol)

 

G

[gordieboyglasgow]

received paperwork back from sherriff officers to confirm summons had been served (done on 10/11/06) still waiting for them to cave in!!!

[peigibeag]

Hi gordieboyglasgow

 

I've had a look at the Summary cause form. Can I ask what you put in the 'Enter details of claim here' bit? Not your exact details, of course, but just some idea? Do they need the spreadsheet?

 

Sorry about the 'bold' I can't get rid of it!

 

Also some help on my thread further down would be appreciated.

[gordieboyglasgow]

Hi peigibeag

 

To be honest all I did was copied the template for the Small Claims Form (that is in the library) and changed the amounts etc.. (seems to have worked so far!! lol) and yes you will need to attach a copy of your spreadsheet when you take it to the sheriff court (you actually need two - 1 for each set of forms). I have found the clerks at Glasgow Sheriff Court to be extremely helpful in looking over the forms and advising you if anything obvious has been missed.

 

I hope this has helped and good luck!!!

 

G

[peigibeag]

Thanks. I'll go back and find that!

Hope Inverness are helpful too!

[gordieboyglasgow]

Hi All

 

Hope you all had a good xmas and have a safe new year.

 

Anyway time for a quick update.

 

The BOS made no response to the claim by the return date (13/12) so submitted completed 'Form 17' to the court for the hearing date (20/12) and apparently the decree will be signed and issued to me on the 4th January 2007.

 

Have to say this seems like a long time between hearing date and issuing of decree. Not sure if this is normal or if the delay is due to festive period.

 

Can anybody advise what the process is with the decree once it has been issued to me? Do I take it into a branch and demand my money there and then? or is there another period of time the bank has to make payment?

 

Also when can can I / is it best to submit my second claim? Do I need to wait until the funds have been cleared into my account? or can I submit it as soon as I am 'holding' the decree?

 

Thanks again

 

G

[gordieboyglasgow]

OK.

just received my 'extract for payment' for £1485.00 plus £52.15 costs. Can anybody tell me what I do with it now?

Have the bank been sent a copy of it already? or do I have to serve it myself? (if i have to sefve it myself can I do this at a branch or does it have to be done at the BOS head office in Edinburgh?

 

Thanks for the advice guys.

 

G

[cabsy83]

just to return to an unanswered query, is it worth requesting the interest at 8%?

[gordieboyglasgow]

HELP PLEASE!!!!

 

Need some serious advice from somebody 'in the know'.

I have made a stupid little mistake on my initial summary cause form that seems to have impacted on the whole claim.

I have stupidly listed the defender as 'Bank of Scotland PLC' instead of just 'Bank of Scotland'. I have only just noticed. (was wondering why they hadn't responded to the extract for Payment that was served on them). Apparently those 3 letters at the end essentially mean that I have been raising action against something that doesn't legally exist. I have tried a couple of things to resolve it, but not really getting anywhere. Am I better (or even able) to cancel the whole claim and start again?

 

Any help or advice that anybody can give massively appreciated.

 

Thanks guys

 

G