Thanks again stevokenevo. It certainly has given me more heart.

Hi emo67! I put down BOS, The Mound etc. Hope this clarifies your question and good luck.

Check out this link. http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html Good luck with your claim.

OK! Guess I'll just go for it. No experience like work experience. Keep you all posted.:grin:

Ok! I can understand the aprehension here. Let's word it another way. If you were to word it this way initially, would you change any of the wording?, to suit yourself and if so how?.

Thanx johnie pal but I still need to know if the wording here is legally acceptable spelling mistakes and all, Maybe a Moderator or experienced helper can keep me right. I know it is reasonably new territory, on contractual interest but hope I get my wording right on forms b4 I get to court. I have my arguments ready for court. Just I'm not so good at wording them in written format! Doh!:o

Tell them to get stu--ed!

Thanks stevo, I thought as much. Went to sheriff court today to pick up forms. Have amended the wording for box 7 on summary cause summons form 1 and 1b as posted by scotia. Would appreciate any advice as to the wording. The claimant, XXXX XXXXX, has held a bank account with the defendant since on or before xx/xx/xx the account number being XXXXXXXX. The defendant deducted from the account various amounts of money in penalty charges during the period 26/03/02 to 05/03/07. These were in respect of 'Returned Items Charge' or 'Charges As Notified' (levied if a cheque or direct debit was returned unpaid as there was no overdraft facility on the account). The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money with compound interest at the defendant's own rate of unauthorised borrowing of 29.80% on the grounds of reciprocity of contract. At the time of filing this action the defendant has failed to make any offer of settlement. No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the defendant as a result of the breach. The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimant's account in the period from 26/03/02 to 05/03/07 along with interest as intimated. The sums are detailed in the attached schedule. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), The Unfair Contracts Terms Act 1977 and the Common Law. The Defendant has a branch in Kirkcaldy therefore it is under the juristiction of this court. Thanks for any advice.

Ok. So I changed the interest rate to my banks contractual rate of 29.80% in the compound Interest spreadsheet. My first charge was for £30.00 on 26th March 2002. My total charges come to £396.00 and the interest calculates out to £765.25. Grand total £1,161.25. Does this seem about right?, and has any one actually won back all their charges using this method.

Geez Back ma cash!

I guess your right on that one. Just got a letter in post this am and it reads, Dear Mr Cascade, Further to our letter of 22nd March 2007. I'm sorry that you have not yet had a full response to your concerns. We're still investigating your complaint, and you will receive a response from us as soon as possible, but certainly no later than 17 May 2007. Our complaints leaflet, which we sent you previously, explains how we will handle your complaint. Yours sincerely, Rebecca Thornton. Redress Administrator Core Business Team Customer Relations. Is this another stalling tactic or should I phone them Monday and give them a chance to settle or should I just go ahead and file for summary cause? Any advice is welcome.

Here's my reply From Goggsy, signed by the man himself. Came snail mail on commons headed paper. 10 April 2007 Dear Mr xxxxxx, Thank you for your Email of the 6 April. Afull reply will be sent to you in due course. Yours sincerely signed Gordon Brown MP Will post the full reply when I receive it.

Thanks stevokenevo. Feel better now. No response from bank in post and no phone calls. Guess they like getting taken to court. Off to court on Monday to file for summary cause. He! He!

I am claiming £396.00 in charges with compound interest at contractual rate (29.80%)= £765.25, total = £1,161.25. I worked this out on a spread sheet. Seems a lot. Does this seem about right going back 5years. Don't want to go to court and find calculations are all wrong. Hand a wee shaky now!. Any advice?.

Well Friday beckons and no response from BOS. Guess it's going to the wire. I am holding a very steady hand in front of me, no shakes ,honest!. Cool Customer! Lol!.

OOps! Too much amber nectar last night. Soory for the rant.

Of all the Institutions we have been (forced) to accept in our daily lifes, banking has to be the most contravesrtial. Why can't we be paid cash in hand after a honest hard weeks work? Why can't we have a say in this process? Do you not trust us to spend our money as we see fit. Some may abuse it but others do so anyway, working or not. You have taken away our right to fiscal independance, therefore you are in breach of our Hereditarty and independant rights. Give us it back NOW! We wont let go. It belongs to us! cascade

WOW!!!!!! Here we go. About time for big butt big kick! My support all the way. I'll give for this cause. No mouth all action. Let's see.

I agree with the principal of the argument. Is any one willing to take the banks to task?. can't afford it. Would love to do it. Why doesn't CAG as an organisation, (public) force the issue with the banks? with our financial support. I.e. let's set up a fund. let's set up a seperate fund for taking on the banks. Set it up CAG

Hi delboyonline. Depending where you are in Fife, why don't you toddle on down to Kirkcaldy Sheriff Court, incidentally that's my local court too, and seek some guidance from the staff there. Having read other posts I believe they are very helpful and should be able to assist you with filling in forms. Hope this helps and good luck with your claim. Keep us posted. Shug

I agree he is brave and, win or lose, deserves a medal for trying. Good luck crfx250 and keep us posted as to your progress.

Hi Eileen, Thanks for your advice and encouragement. I have absolutely no intention of giving BOS 8 weeks. I intend to stay in control, as much as I can, of the timeline. The bank has until April 13th to settle in full. If not I intend to file in Kirkcaldy Sheriff court, April 16th, for a summary cause for the full amount and no doubt with judicial interest to boot. Hope your son's claim goes without a hitch and he gets his cash back. I'll keep all informed of my progress and If any one has went through Kirkcaldy Sheriff court I would be grateful to hear how they got on. cascade

Whatever happened to the William Wallace Factor? Braveheart? Anyway it's not my name. Lol! Up the revolution.

Here's what I sent to Goggsy Brown MP. xxxx xxxxxx xxx xxxxx Street Kirkcaldy Fife KY1 xxx Dear Gordon Brown, Does your Government intend to stop Banks charging upwards of £30 for overdrafts and the like?. You seem to advocate helping the poorest of our society getting out of the quagmire, but your government is helping the banks to fleece the poorest in our society by recommending state payments are made in to a bank account. If you have any doubt about the under hand tactics employed by these members of the financial sector, then maybe you should watch the whistle-blower episode from BBC aired in mid March. As my MP and the future Prime minister, I hope you will give this matter very serious consideration. It is a shameful practice and should be addressed, with urgency. Yours sincerely, Cascade Future Prime minister is a bit presumtuous, but hey! Who knows?. Any replies will be posted here.

Gonna write to my MP. Should be funny. The Right Honourable Gordon Brown MP, Dear Goggsy etc: etc:!