bigyin0334 vs hbos **WON**

[bigyin0334]

Hi all, need some advice about my partner and i charges, we have both sent the second letter about threatning court and had pretty much the same response as the first as in saying they will give us a response by the end of may, which would brings us in total to over 2 months of this. ive read alot on here regarding how it works in scotland. were getting a bit worried about this now 1. because of court and 2. because of the sheer amount especially from my partner which is about £8000ish without interest and me which is about £2100 before interest(which is for only 3 years as they never sent out the first 2 years). we really would some advice as to what to do now:-(. Any help would be greatfull.

Thanks bigyin0334.

[Dusary]

I'm not sure that I'm the best one to give advice, since I'm still in the process of gathering all the statements AND going back over 20 years!

 

However, don't give up on them - harrass them until they DO send all the statements.

 

There's excellent advice here on how to proceed.

 

Keep us posted!

[bigyin0334]

Hi Dusary, thanks for the response but i suppose what im worried about is the fact were both over what we can claim at "small claims"court, which by the sounds of it on here were looking at going to court with solicitors etc.... and to me and the wife thats a we bit scary and daunting for us. Weve got 2 kids and ive just started self employment so money is very:o thin on the ground to say the least (hence why court scares us). Were really stuck at the moment as to what to do next, As it stands now ive another £100ish in charges just from last couple of weeks. Phew this is stressing:| Thanks again guys.

[sarahmoon33]

You could try using the Financial Ombudsman once you've had your final offer/correspondence from the Bank. Failing that could you not do MCOL and use the Bank's english address, you will need a corresondence address in England for this, I'm pretty certain that their limit is a lot higher than the £750 limit in Scotland

[Dusary]

Hi Dusary, thanks for the response but i suppose what im worried about is the fact were both over what we can claim at "small claims"court, which by the sounds of it on here were looking at going to court with solicitors etc.... and to me and the wife thats a we bit scary and daunting for us. Weve got 2 kids and ive just started self employment so money is very:o thin on the ground to say the least (hence why court scares us). Were really stuck at the moment as to what to do next, As it stands now ive another £100ish in charges just from last couple of weeks. Phew this is stressing:| Thanks again guys.

 

I really understand how "stressing" it is for you.

 

I'm in a similar boat - I estimated that over the past 6 years - I've been clobbered with around £18,000s of charges. Now that I've sent off the SAR - I guess that my whole banking history will show up a lot more. I can't remember if you are domiciled in Scotland (as I am) or not - but since all the correspondence I've been receiving from HBoS is coming from Leeds - I think I'm going to pursue HBoS through the English legal system (IF it comes to that!).

 

The main thing is: Don't panic!

 

Keep us posted.

[bigyin0334]

hi Dusary, i suppose a lot of us are in the same boat(with a great big hole in the bottom:D).

 

Ive been reading a lot on the scottish forum and it seems to be that the best way for big claims is to get the final offer(or reply) from the bank and contact "FOS" who seem to be getting a lot of people there money back.

 

I havent got any contact address in england so i cant go down that route.

 

Failing that the last option is getting a solicitor and hoping we win:) .

 

This seems to be the clearest way yetfor people with big amounts in scotland, unless anyone else has a different way?

 

Thanks for everyones reply its appreciated.

Bigyin

[Dusary]

hi Dusary, i suppose a lot of us are in the same boat(with a great big hole in the bottom:D).Thanks for everyones reply its appreciated.

Bigyin

 

That's why we are all here and keeping each other up-to-date AND afloat!

[sea-sidelady]

There is no need to get a solicitor, all the help you need is here.

 

A lot of people claiming in scotland are using an english address.

Have a read of this....

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/73131-english-addresses-scottish-claimers.html?highlight=english+adress

[bigyin0334]

Hi sea side lady,

 

The english address is a good thing to do but my wive has over £8000 in charges and i under £3000, my concern is that we would have to travel to court in england probably twice if we were to split her claim up, so the cost of getting addresses in england and the cost of going there twice is all bit much for a family who is dead broke.

 

Im not ruling it out, just it would be more expensive than going through the FOS, but then i dont know of any storys of success with people going through that channel. thanks for your reply Bigyin.

[sea-sidelady]

I have got some one who knows more about the scottish system to have a look for you.

[Bigmac versus]

Hi bigyin0334 and after reading your thread i would strongly advise you to go through the FOS.

There are a few things you need first so start getting your case together.

The following list is what you will need.

 

1/ The banks final say on your complaint (need to send this with complaint form) the banks have 8 weeks to respond to your complaint as per the FSA but they may respond quicker. If the bank havent responded before the 8 weeks are up then start your complaint. The 8 weeks start from when you sent the Prelim letter allowing a couple of days for postage.

 

You need all the dates of correspondance to and fro and what they were about. You only need to send the Offer letter they made to you but list the others. Example below

16/01/07 DPA sent for statements

01/03/07 Staements received.

03/03/07 prelim letter asking for return of charges.

19/03/07 Lba sent requesting charges

26/03/07 Offer made 2000 quid

27/03/07 Refusal sent as offer is 600 quid short advising you are to complain via the FOS.

 

2/ Schedule of charges showing account number, branch, sort code, dates money taken from account, amounts and description of charges, include the 8% judicial interest in this also as they can pay the interest.

 

3/ Any further information that you feel may help your case as in OFT report, Early day motion etc etc.

 

Notes worthwhile remembering.

 

The FOS have a 100% success rate regarding these complaints.

When you complain via the FOS you do not need to pay anything but the bank are charged 400 quid per complaint.

They send you a reference number for your case so when you call you can be updated of any progress.

They CANT get involved if you have previously accepted a FULL AND FINAL SETTLEMENT.

They can get involved if you have had an earlier case settled before the court date again as long as it wasnt as above.

 

Regards

George

[Dusary]

That was very helpful to me - THANKS!

[bigyin0334]

Well what can i say the response has been great guys:).

 

Sea-Sidelady - id be interested to see what your friend finds out about the scottish system, not because of just the bank charges now but because im so wound up im going through our credit cards aswell;), and im going to keep hitting the bank for any other charges i get until they lower them. thank you.

 

Bigmac versus - thanks that is what i really needed to hear, now i know exactly what to do. we have about 2 weeks left for there final reply (offer ) but ive got a feeling they will not give us anything ( just a hunch ), but i defo will go down the fos route at the end of 2 weeks. Thanks.

Will be making a donation to you guys when they settle because if it wasnt for you i would not know what to do and probably give up. Thanks once again to all.

 

 

Oh i almost forgot to say a friend of a friend is studying and they are studying beside someone who has been drafted in to help HBOS with the charges, they said that people will defo get all there money back if they take it all the way and not to settle for less ( from the horses mouth ), they also said that they are extremely busy and when people give them deadlines they cant stick to them ( not that they wont ). Just saying what i heard, hope it helps anyone.

 

This should have been in the scottish forum aswell. Just a thought:).

[Dusary]

Oh i almost forgot to say a family member is studying accounts and they are studying beside someone who has been drafted in to help HBOS with the charges, she said that people will defo get all there money back if they take it all the way and not to settle for less ( from the horses mouth ), she also said that they are extremely busy and when people give them deadlines they cant stick to them ( not that they wont ). Just saying what i heard, hope it helps anyone.

 

This should have been in the scottish forum aswell. Just a thought:).

 

 

My My! That is a useful bit of news!

[bigyin0334]

Hi Dusary,

 

Thats what i thought when i heard it but im thinking she maybe referring to people under £1500 mark (not us big timers ), who knows we shall see.

 

Ill try and find out more. Hope ive not said to much mmmmmmm:rolleyes:.

[Bigmac versus]

There is no doubt about the charges being returned should you proceed through the correct channels, the banks offer lower amounts because there are some people who have accepted less in the past, when this happens it only encourages them to continue in this route, stick to your guns and DEMAND the return of ALL of YOUR money, they know they have to pay it but are trying to oust the less confident claimants with threats of closing accounts, counterclaims and total obstructive behaviour, the only thing you need is patience the rest will take care of itself.

[bigyin0334]

Hi guys,

just an update to my partners case she has had a final letter from the bos saying theyre within in their rights to make the charges and basically she will be getting nothing from them, they didnt even make an offer to her:(, what i cant understand is how r some people getting large sums back from the bank and not others?

 

Are we now ready for the FOS as this is there final offer? you wouldnt believe how livid i am at the moment:mad:.

 

thanks bigyin

[moneyhelp]

Oh trust me Bigyin, I KNOW how angry you are right now!

 

Go screw them for every penny mate

[sarahmoon33]

Hi guys,

just an update to my partners case she has had a final letter from the bos saying theyre within in their rights to make the charges and basically she will be getting nothing from them, they didnt even make an offer to her:(, what i cant understand is how r some people getting large sums back from the bank and not others?

 

Are we now ready for the FOS as this is there final offer? you wouldnt believe how livid i am at the moment:mad:.

 

thanks bigyin

This is DEFINITELY the time for the FOS, it might take a wee while longer but it will be worth the wait to get your money. If the FOS fails (which I haven't heard of yet) then you can still take court action, could you not do MCOL?

[bigyin0334]

hi sarahmoon, my partners claim is for about £8600 before interest so i think mcol might be no good, worth a thought for mines though.

 

Also i am over in my account by £100.54 (all charges), but when i checked my account online today it says i am at £0 and that a "cash" amount of £100.54 went in on the 17th May, but it also says that my account is "service only enquiries". I think theyve put money in and closed my account, what do you guys think?

 

Really worried now i dont even have an account anymore.

 

Thanks bigyin

[**Tilly**]

they have put your account with the collections dept

head office by the sounds if it they did

this to a mate of mine try this number 0870 8501298

hope this is of any help

[sarahmoon33]

Also i am over in my account by £100.54 (all charges), but when i checked my account online today it says i am at £0 and that a "cash" amount of £100.54 went in on the 17th May, but it also says that my account is "service only enquiries". I think theyve put money in and closed my account, what do you guys think?

 

Really worried now i dont even have an account anymore.

 

Thanks bigyin

 

It sounds to me that the accounts has been closed. I had two old accounts that I got statements for that I had never officially closed and they said something similar on the statements and by that time they were closed. You need to open a parachute account asap.

[sea-sidelady]

Here is a list of parachute accounts...

 

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

[**Tilly**]

hi ya i opend a parachute account with natwest step account

you can open it on line basic account but its there if needed

[bigyin0334]

Hi folks,

 

Well its been a while since ive spoke but just thought i would let you guys know that my partner and i both received offers from the bank with interest so weve both accepted, but was wondereing how long you think it takes to get paid into our accounts? as it has now been almost 2 weeks now for my partner.

 

thanks bigyin