Tracy v HBOS

[gargoil]

Just back from summary cause hearing against BOS. It isn't as bad as you'd think it was, sheriff was very helpful and friendly. The BOS are only defending charges older than 5 years and have agreed to pay out the charge swithin the past 5 years. This is my 4th action against them and the obnly time they have defended.

[tracyab1972]

I am going to use the Financial Ombusman to claim my bank charges back from BOS for a second closed account I had with them. Im also currently using the Courts and have filed a Summary Cause for another account I have with them.

 

Has anyone claimed the 8% interest from FOS. I was knocked back from the bank after only 1 letter to them (Prelim letter). Obviously at that point I didn't request the interest. Can I request this now, when using FOS to claim back?

[tracyab1972]

Hi folks

 

I have sent the Prelim letter to BOS for a closed account I had with them. They sent theire reponse back within 2 weeks or so, saying that they have fully investigated and that they are declining my complaint, bla bla bla. I am going to take my complaint to FOS rather than the courts but do I do this now, or do I send BOS a LBA?

[sillygirl1]

I'd send a complaint to the FOS, if you go via that route you will have slightly more leg to stand on if the case ends up in court, sending an LBA at the wrong stage has been the downfall of a couple of cases recently.

 

I understand that most banks will

 

a) refuse the claim for charges in the first case

b) when challenged offer the 'difference between their charges and £12 which is stated as reasonable.... (which ISN'T legislation, is just somebody's suggestion....)

c) offer again at about 75% of the amount you claim

 

Its a delaying tactic but once you get your teeth into them they don't like it - the FOS will be able to tell you the timescale. Mine was 8 weeks, negative reply back from GMAC so complaint going out Monday, and in two weeks time CAP1 will be in default of the FOS so going for full amount they claimed I owed - which was thrown out in court - and harrassment claims as they chased after a Notice of Disassociation was sent out!

[tracyab1972]

Ive got my reciept from the recorded delivery back from the Sheriff Officer. Do I now contact the Court to let them know that I have done this?

[maroondevo52]

Hi, Tracy.

 

Don't bother contacting the court, you will only have to contact them the day after your court return date, to see if there has been any response from your bank.(Hopefully there won't be).

 

Regards.

 

Scott.