BOS troubles

[Egeit]

I am wondering if anyone has come up with the same problem I have encountered today. I sent my letter to obtain a list of my charges, together with my £10 back on 2 Feb this year. I received no reply so I phoned back today telling them that it was over the 40days etc. They told me that they had received my letter and processed the request on the 9/02/07 but were inundated with requests and they were having to bring in more staff to cope with them and they could not give me a date or estimation of when I would be able to get them!

 

Has anyone heard of this or is it a stalling tactic? I'm at a loss as I can get my last 2 years over the internet but I need the ones before that. Thats when most of them occured, so I cant even estimate.

 

Your thoughts/help would be appreciated.

Robert

[Bigmac versus]

Hi Robert i think its a bit of both tbh, they are busy and they are using time wasting tactics, when your 40 days are up you have three options

 

1/ Wait for them to send statements.

2/ Wait for them and complain to Info Comm for non compliance of DPA.

3/ Send the bank an LBA giving 7 days to comply or you will start court action for their non-compliance of DPA, appears to get them moving quicker.

 

If 3 is your option then have a look in here for template.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[Egeit]

I think I will give them another week and see what comes in (if anything). It doesn't help that my blood pressure was through the roof after hearing it. Every one else are getting replies within 2 weeks or thereabouts. We will see, I'll let you know.

Cheers

Robert

[Bigmac versus]

Ok there are plenty of peeps in the same boat, you are not alone, keep calm and let them sweat over it, treat them as they have treated you over the years.

[Egeit]

You're right. I'll go and get a glass of wine, thats a good starting place.

[jaffacat]

Egeit, I went thru a lot of problems getting my statemens from BOS - it took nearly 110 days!

 

I sent the following e-mail to rachelhinchliffe@HBOS.com and got my statements 2 days later!

 

Feel free to use it!

 

Hi.

 

I have been given your details as you appear to be someone who is quite helpful.

My story is this: On **** November 2006, I went into my branch of BOS and handed over a letter requesting a copy of all my bank statements together with the required fee. This letter gave 40 days to comply with its contents. On **** February 2007 (84 DAYS LATER!!), after recieving nothing, I sent another letter to my branch giving them 7 further days to come up with the statements, and threatening court action if they werent recieved within this timescale. Again, nothing recieved! I went into my branch about 10 days later to be told that they had been reordered and would be with me qwithin 2-3 days. I HAVE STILL RECIEVED NOTHING!!!!!! I WOULD LIKE YOU TO EMAIL ME BACK TELLING ME THAT YOU HAVE ARRANGED FOR THEM TO BE SENT, BY SPECIAL DELIVERY BY TOMORROW AT THE LATEST. IF I DONT RECIEVE THEM ON WEDNESDAY I WILL INSTIGATE COURT PROCEEDINGS TO MAKE YOU SUPPLY THEM AND TO CLAIM EXPENSES AND DAMAGES AT THE SHERIFFS DISCRETION.

As you know, non compliance of a DPA request can result in a fine of £5000 or the jailing of your DPA officer.

 

I llok forward to your reply.

[Egeit]

Like it! I'll give them a little more time then give it a go.

Robert

ps did you eventually get a result?

[jaffacat]

Just at LBA stage with this one.

I took Halifax for two summary causes - total £2600, and Capital One for £1100 - EASY!!

[Egeit]

Best of luck to you on this one.

I had a big problem 6 plus years ago. I'm still paying off a £6k loan that the bank kindly gave me to pay off the charges I had acrued on my account!!!

Robert

[Bigmac versus]

I have rachel hinchliffes number if it helps any, although i was under the impression she deals with the legal side of claims and settlements.

[Egeit]

I'll get back to you on it. I'll wait the for a week or then try the e mail and if I get no joy with it, I'll get back to you,

ta

Robert

[garyhay]

I found that after waiting for 75 days and getting an aknowledgement and then sending a letter reminding Halifax about the 40 days limit (with a cc to the information commisoner (who sent me a reference no.)) that things still never moved.

 

I called and asked where my statements were and then got them withing 5 days.

 

 

Call and say you are waiting and have alreday sent the cheque wich they have cashed as this is the best prove you can have.

 

You can check out my woes http://www.consumeractiongroup.co.uk/forum/scotland/40792-gary-aberdeen-halifax.html

[Egeit]

Well at long last I received my statements in, all 35 envelopes (I think the postman must have had a heart attack). All in all after several hours of sifting through them I totalled £1449 including interest. You dont realised how much you have until you total it all up. So the prelim letter was duely sent off. I'll keep you up dated on my progress.

Robert

[Bigmac versus]

Hi Egeit

"after several hours of sifting through them I totalled £1449 including interest."

 

The interest you refer to if judicial cant be claimed until court stages, maybe you know that and havent included it in the prelim, if it is the OD interest you are due then your fine.

[Egeit]

Looks like i have boobed here. The prelim letter was sent with the interest included. Should have this been put in at the court stage? I intially went through the money saving expert web site and thought that this was the road ahead- obviously not. Can i have your advice on this please.

[Bigmac versus]

Ok dont worry about it, if they offer you the full amount at the moment without the interest then it should be accepted in full settlement, if you were to refuse and go to court because they didnt offer the interest you asked for you could jeopordise your claim, when you send the LBA do not put in any interest, then at filing of court claim add your interest.

Hope this helps

[Egeit]

Thanks Bigmac, my heart sank with your post. just when I thought it was going well. I'll take your advice on this. Many thanks.

What are your thoughts on the post from bankfodder re being able to claim over 6 years. Do you think this could apply in Scotland? I have left a few posts on the thread asking if anyone knew if it would hold up in Scottish courts, but nothing back as yet. What do you think?

Just as a side line and showing my ignorance what do all the acronym's mean. I have managed to work out some (LBA - letter before action) but other have me lost.

Your advice is very much appreciated.

[Egeit]

Hi Egeit

"after several hours of sifting through them I totalled £1449 including interest."

 

The interest you refer to if judicial cant be claimed until court stages, maybe you know that and havent included it in the prelim, if it is the OD interest you are due then your fine.

 

Bigmac re this. I was looking through different things and came across the initial information on Martin Lewis's site. I took it from this to claim my interest at prelim level. He advises that:- "Charge interest on top

If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling."

 

 

 

I know he has based his information on the English court system but does this include the above. Is this different to the Scottish Courts?

anyone with some thoughts on this? post back

Robert

[Bigmac versus]

Robert DO NOT CLAIM INTEREST AT PRELIM OR LBA STAGE, only when you file for court or you go via the FOS do you claim for interest.

I know you did when you sent the prelim just dont claim it when you send the LBA, adjusting your spreadsheet to show this.

 

What are your thoughts on the post from bankfodder re being able to claim over 6 years. Do you think this could apply in Scotland?

 

Yes i have claimed over 6 years of charges from Halifax however you must read up the threads in relation to this so you fully understand the arguments for this.

[Egeit]

Thanks, I'll send off my LBA and see from there. As regards the 6 years I'm a bit sceptical on it. I have read the thread and bankfodder appears to think it that would be easier to do this through scottish courts. I'm not sure on it but its early days on this for me. I have a friend who is a solicitor and would be willing to take it on through the courts, but I'll need to find out a lot more before that stage. At present I have sent off for the break down on the charges. I have a feeling that it might be a fight just get them back, but stranger things have happened.

 

On your over 6 year claim- was it through the scottish courts? and do you have a thread on your progress.

Robert