Bank of Scotland and Fraud

dgmckenzie

Hi

I got ripped off to the sum of £608.18 from my Bank of Scotland current account (chip & pin) during August. The BOS sent a letter asking if the payments were fraudulent and I told them they were but they had already gone through.

I was told it would take two weeks to sort out getting the money back into my account. It took 8 weeks and at the end of October I was charged £90 bank charges for being overdrawn for approx 1-2 days before I topped up my account .

I had sent them a letter a week before the charges were taken explaining about the fraud but they went ahead anyway.

I've just written them a letter charging them for 42 days removal of my funds at their rates (from their letters) which comes to £1288.00 i.e 42*£30+£28.

Any thoughts?

Doug

brummiebabe

It's got to be worth a try!! Don't hold your breath though!;)

We've recently had fraud from our account (with Natwest) for £100. Have to say that they dealt with it speedily!! Notified them by phone and they said they'd send forms out & cancelled card etc. However, before we even returned the forms, the money was credited back to our account!!!! Was all sorted within about a week and a half!! BIG pat on the back to Natwest!!

Hope you have some luck with your letter!!!!!!

Kaminari_2

Rrrrrrr.....I refuse to use anything from Banks of Scotland again as i had the same type of experience with them. It took them about 3 months to get the money back to me and about 2 months to replace my card. I would have to make a trip in the central London every time they let me know know my card was waiting for me at their branch just to find when i got there that it wasn't. I wasted so much time going to the branch and making phone calls. I have dealt with some pretty bad banks but BoS really takes the cake.

Stonk

dgmckenzie wrote:

I've just written them a letter charging them for 42 days removal of my funds at their rates (from their letters) which comes to £1288.00 i.e 42*£30+£28.

Haha, good luck to you. I don't think they'd hit you for that much if the situation was turned around, though - isn't the £30 only charged each time you go further overdrawn, and isn't there a maximum charge per month?

You'd have more luck asking for 1 lot of the unauthorised overdraft charge (maybe 2, as it's spread across 2 months), plus 42 days of interest at their unauthorised overdraft rate, plus one letter-writing fee. Point out that this is merely what they'd have charged you had it been the other way round. That sounds reasonable to me.

dgmckenzie

Hi

No the unauthorised charges were for one day. The wording from their letter goes “we make a charge of £30 (maximum 3 charges per day)” and “monthly unauthorised overdraft charge of £28.00”. Now not only did they take the £90 when I wasn't overdrawn, as the fraud department backdated the returning funds, but if I hadn't phoned up again at week 7 who knows how long I would have had to wait.

On the paragraph charging them I used a lot of their own words...

To cover my costs, I make a charge of £30 per day for money removed from my account without my permission. I also charge £28.00 for the unauthorised removal of my funds. As the Bank of Scotland did not refund me the £608.18 within the 2 weeks as agreed by the Fraud Department (Twice). I therefore expect the Bank to place the funds £1288.00 (42 days × £30.00 + £28.00) in my current account within 7 working days. I appreciate that nobody likes paying charges and I’d like to help you avoid them in future. To help you I am leaving the Bank of Scotland as it no longer appears to be a safe institution to bank with. Also as soon as I can arrange another bank account and receive the charges I am due (based on your rates)** I will be closing my accounts.

Doug

Catch_A_Fire

you're entitled to a full refund of any funds, charges and interest (both charged by the bank and that you would have received), but with banks you'll be lucky to get even an apology beyond this, let alone the the charges they impose on you. after all, banks charges are only enforceable as far as "recovering consequential expenses" i.e. the courts would not enforce the full charge as it clearly cannot the cost bank £20 - £40 each time actions on you account are outside the terms. good luck though. keep us updated

dgmckenzie

Well I intend to take them to the small claims courrt, if nothing else just to embarass them.

Also I had been writing to the Sunday Times Money section about this and I told the bank that as well.

When I send my next letter I will be reminding them that I have invited the Sunday Times Money Section to the court

dgmckenzie

Hi

Letter from the BOS Executive Office. Sunday Times have got in contact :-)

Just have to wait a bit longer and see.

Doug