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?

WOW fubarswife. Thats an excellent result. Well done;)

Hey JD hows it goin . I got exactly the same letter a few days ago but I've already filed my papers with the court. Just ignore it and stick to your timescale. The only reason they sent you that letter is because they're obliged by the FSA to update you on the progress of your complaint (although it isn't one) evey 4 weeks. Good luck, hope it all goes well.

Thanks for the quick reply, i appreciate it. It's off to the post office for me and the timer has started for Mr Udy:D

Hi all, got my stsements in today from crap1 and I want to check something. Do I claim for late payment fees as well as overlimit fees??? some quick help would be appreciated cos i'm tallying it up and sending my first letter off today reg post so the clock stsrts ticking for them asap. thanks in advance

Hi all, Just a quick update for you: I recieved an extraordinarily patronising letter today from our friend Mr Udy explaining that the charges are fair and blah blah blah. He has offered to refund over £400 as a "goodwill gesture" (gee thanks Mr Udy:lol:). Needlass to say, as I still have not recieved my statements from my SAR request that I won't be accepting this paltry offer. They have done their usual and offered to reduce all past fees to £12 following "suggestions by the office of fair trading". My take on it is that if the fee is unlawful then it is unenforceable in it's entirety so this reduction simply is not good enough. I won't be accepting this offer. The 40 days for the SAR are up a week tomorrow (fri 13th) and I'll be tallying up the charges and sending my prelim letter the day I get them through the post. As ususal i'll update you as things progress.

To the best of me knowledge Tracy they make you sign to say that the offer is a "full and final settlement with no admission of liability" which is a slightly different matter. You may be thinking of the fact that a LOT of "double" claims in Scotland are being rejecter i.e 2 separate claims to one banking institution like X amount on one account then a separate claim for X amount on another. In Scotland you should really claim for the lot at once. There are certain other avenues open you and I'm sure if you research the FAQ's etc you'll see that claiming from an English court may be a good option. This is my take on the whole scenario. I'm claiming BOS for £1300 and C1 for £2500 (strangely, as another member found, once I sent my SAR I couldn't access my statement online anymore....Hmmmmmmmmmmmm). If I owed THEM that money they'd be harassing me 10-15 times per day to get it back. You are in the right and they are in the wrong and they KNOW it. They'll bully, stall for time, give bad information over the phone, call you with patronising "offers of cash" and so on and so forth. I've only been on here for a month or so however the best piece of advice I have gleaned here is STICK TO YOUR TIMESCALES!!!. You are NOT making a complaint. It's very very important to remember this fact. You are TELLING the bank to give you back YOUR money or PROVE in court the FULL breakdown of their exorbitant charges. I have a LOT of FSA experience (working for an insurance company in a "customer care" capacity, in fact, I was an FSA trainer before the regulations actually became LAW hehe) and the umbrella given to financial organisations says that they are allowed 8 weeks to respond to ANY complaints but must keep you informed of any progress at least every 4 weeks. That 8 weeks is the MAXIMUM amount of time they are allowed to take. So why do you think they send you that letter? Yep, you got it. To stall for time. Plain and simple. The banks are swamped with letters for refunds and the sooner you inform them of action the better. Not to mention the plain fact that the longer they hold on to your money the more money the make for themselves!!. Someone said on here (I forget who, sorry) "For every claim that goes to court there will be about 50 who have given up" I, unfotunately used to do ialmost the same thing every day. Don't forget that in "call-centres" you are still protected to a certain extent. Most calls are recorded (although i've seen a few "go missing" and it's more for their benefit than yours. I can guarantee that if you had a claim and it was repudiated for non-disclosure,say, then their tapes wouldn't go "missing"). Incidentally, you are also allowed to have a COPY of any tape or recording you are on. Therefore if they say the heve recorded the call and do not agree with what has been said you are entitled BY LAW to have a copy of the recording, which is usually sent in the form of a casette tape) If you ask to speak to a manager then you MUST be allowed to (FSA rules). I find that the best approach is to be very polite to the call handler you initially are put through to. Explain to them that you have a serious "issue" (NOT complaint) and you understand that they only have the power to go so far, you understand that it's not their faul personally but you wish to speak to a manager or supervisor immediately. The bank knows this and their evasive (and frankly deceptive/obtuse) tactics are saving them a FORTUNE. I wouldn't be surprised if they had logins for this site and were posting "disinformation" as I suspect happened a few days ago with one particular poster (my personal opinion mods hehe) I actually had a "complaints manager" at BOS tell me to "take us to court then if you like. You won't win" Sounds like a challenge to me mate hahaha (and tbh I could do with the extra 8%) Another thing I would add is to be careful. In most cases, when you are put "on hold" they can still hear you in the recordings even though you can't hear themand you're listening to some awful "elevator" music. Some of the things I've heard whilst listening to these tapes would amke you roll about on the floor laughing hahaha. Anyhow, good luck with any claim you make. Send the appropriate letters from the library. Statement req : up to 40 days MAX First approach : 14 days MAX LBA : 14 days max Then file your claim at the court. You dictate the timescale because it's NOT a complaint.

UPDATE: Been to the court today and gave my papers to the clerk who was very, very helpful (and very very pretty:D). All I need to do now is to wait for the relevant sections to be sent back then go the the sheriffs officer and get him to serve the papers (because its a summary cause claim for 1300) So it's back to the old waiting game again. BOS would've been better paying me the money when I gave them the chance As usual I'll keep you updated as events unfold. Good luck to everyone in the same situation EDIT: 13/04/07 recieved all papers back from the court. Been to see the sheriff officers today and they will serve the papers for me asap. Have a return date and a court date set for May.

Hi mate, The clerk of the court told me to put in the head office address (eg "the mound" etc for BOS) then at the end of your declaration state: The defender has a branch in {your branch town}, whose address is {xxxxx}, therefor it is under the jurisdiction of this court. Hope that helps.. p.s I'd tend to agree with Jowalshy in that you must demonstrate you have given the bank adequate time to comply with your request hence the "prelim = 14 days, LBA = 14 days, and then serve court papers" timescale. If the judge isn't satisfied you have allowed enough time it may be detramental. (in saying that though, you can foget about "8 weeks to investigate". Remember you are not making a complaint, you are asking for a refund of money taken unfairly from your account and notifying the bank that you will instigate legal proceedings to recoup your losses.) SCOTIA did a great guide here: http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

They will pay contractual mate. They have to. They'll tell you they won't pay it, but, lets face it, they'll tell you anything to try and make you back down.

Absolutely correct. The letter is a standard complaints letter generated by them and sent to you. ALL financial institutions are given a MAXIMUM of 8 weeks to investigate complaints etc by the FSA and they MUST update you at least every 4 weeks. The thing is, they could easily sort it out for you in less time. They know it and you know it. They just don't want to. How long did it take you to tally up our statements? Not 8 weeks is it? If they wanted to and were acting honourably they could sort your claim out in a few days. They're trying to put you off. This is yet another delaying tactic used by them. Stick to your timescales as advised by jowalshy. Give them 14 days from your prelim approach, 14 days from LBA then file your claim. They'll try every trick in the book to delay/stall your claim because the longer they hold on to your money the more profit they'll make.... I had a guy try and pull that one on me today over the phone. See here http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/71816-aldav45-bos.html Good Luck Mate. Keep us posted