Good news folks, I WON AGAIN :) Capital One sent me a letter today telling me that they would refund my entire claim amount including interest and fees, by cheque within 14 days. I'll wait until I receive the cheque before calling a halt to the court proceedings tho. Another triumph for the consumer!! I'm off to do the survey:)

Just another quick update. I got a letter from C®ap1 today (strangely the letter was dated 24th April and postmarked 24th May). The letter explains that they think their charges are fair and they're sorry I'm thinking about court action and they'll give me 406 as a 'goodwill gesture' and they would like to "put this behind us and save the courts valuable time" hahahayada that last bit made me laugh. If you want to "save the courts valuable time" then give me back my money..... What an absolutely pathetic last-ditch attempt by Capital One to get me to back down. Do they honestly think that I've gone this far just to accept a derisory offer 3 weeks before my court date. :)

Just a quick update, got my papers back from the court and got a Sheriff Officer to serve them 2day :) Tick tock tick tock Capital One!!

Cheers JD, your settlement can't be too far off either so good luck and I hope it goes smoothly for you. and thanx for your good wishes sesidelady, I'm just going to do the syrvey now

I can't believe whats happened. My return date was today and I happened to check my account and BOS have settled!!!! They've put the money into my account, every penny of it :):) Capital One are next haha.

Cheers christinajanep, thanks for the moral support. That's what I thought. I wish I could prove they were deliberately stalling for time and I'd take them to court for that as well. The Scottish court papers say that if you intend to pay then you should do so "in good time before the return date":mad:

Just a quick update again. LBA was ignored so filed court papers today, hopefully I'll get them back before the end of the week and I'll get the Sheriff Officer to serve them for me pronto p.s cheers for the tip redsonja, have read through your thread and I feel a bit better now ta

Johniedepp, seems we're at the same stage again, I got exactly the same letter as you the other day. I have a court date for this month so I telephond for an update. I was told that they intend to defend in court. Seems like they've changed their tactics.

Hi all, just a quick update again, I've got a return date for nxt week and a court date for the week after, so I telephoned BOS today for an update. If they are going to defend I'll need to take the day off work and I need to book it in advance. A helpful girl went away to see if she could get an update for me and she came back and said that they were definately going to defend in court. This has got me a little worried incase something is wrong with my claim (which I doubt very much). Do you think this is just another timewasting ploy and its a case of them trying to stare me down again or do you think they will really defend....:confused:

Yes and yes. As mentioned before they don't have 8 weeks to investigate because it's not a complaint. You have issued notice of impending legal action to recover monies removed unlawfully by the bank from your account. Send off the third letter and stick to your deadlines. They will try anything to stall you and the "8 week FSA" thing seems to be a pretty standard BOS tactic now. Good Luck.

No problemo, heres the new version image: Code: width="435" height="75" border="0" /> As before, close the gap between the c and the o before you post on your myspace and remove the codes if you dont need them. Thanks for the kind comments folks. Good luck to you all.

I got mine from the net here: Summary Cause You'll need form 1 and 1b and you can find a guide to fill them in here: http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html (the clerk in the court advised me to amend the last part of my statement to say that "The bank has a branch in XXXXXXtown the address being XYXYXYXYX and therefore it falls under the jurisdiction of this court) I filled them in, printed them out (keeping a copy of both for myself) and then filed them at the Court. It was £39 and they took about 4 working days to send them back to me. I then took them to a Sheriffs Officer and he charged £17 to serve them for me (you need to do this with a summary cause because you cant serve them yourself). I've got a return date (1 week before the case is actually heard) and a court date. The clerk will put them on the form for you before they send you it back. Remember all you need is form 1 and 1b but don't forget to enclose 2 copied of the schedule of charges you sent with your prelim and LBA and I'd recommend the word downloads as opposed to the PDF's 'cos they're easier to work with. Good Luck JD let me know how you get on. If there's anything I can help you with just give me a shout:D

Thanks again for your help. I'm prepared to go all the way with crap1 anyway. After reading some of the posts on here, I'm pretty appalled with them. It makes me cringe everytime I see on of their adverts on t.v and I've advised everyone I know not to go anywhere near them. I owe them £20 and they call me 5-10 times per day. (even after sending the harassment letter, apparently it is their "duty" to inform me I owe them it but, seemingly, not their duty to act in an honest and responsible fashion when they owe ME money) They owe me over a grand and they respond with patronising letters and derisory offers. I think I'll offer them £2 out of the £20 I owe them and see how they like it:D

no probs anything I can do to help just gimme a shout;)

Well done sea-sidelady, I've been watching/reading your "saga" with interest. Congratulations, it just goes to show what a little persistence can do for you eh?