I agree with rdm 2006. I had a situation with BOS where they made a mistake and eventually paid me £10 compensation. I wrote back enquiring why when i made a mkistake it cost me £ 30 and they only paid me £10 for their mistake:mad:

I guess it is down to the judge which I don't think it is right why some cases are sisted and others are not. I did hit the hardship bit and that the funds were to go to the inland revenue:( That might have made a difference. I'm afraid Iwas too big headed about my charges:o as the sheriff officer would not let me get more than the standard fee even though I said I had had to pay someone to look after my lambing while I was in court!!! Anyway best of luck in your situation.

Seahorse you are right I was not thinking about the penalty charges they have to be returned probably the way we all get them back. Thanks for pointing things out:)

I would not be surprised if the court allows a small refund instead of what is due!!!

As no doubt the court will be aware of the amount of money involved if we should win against the banks which makes me think that no way will the court let us win!!!

I made the charges up myself based on a case I had against BT their lawyer was charging me a total of over £700 so I worked out my figures based on theirs but a lower figure. Mind you I don't know if I will get it but I'll give it BLOODY GTOOD TRY.

Well finally had my day in court. BOS said they were going to defend since they lost their sist:D So off I went. Of course BOS had no one there to defend them so the Judge asked me if I wanted to give them a couple more weeks to defend or did I want to win by default:rolleyes: You of course know what I said;) Yes I'll take the cash. The the judge asked me if I wanted expenses of course I said yes. Now this brings up a new situation. The bank had me going to court to fight the sist. So with two trips to the court and all the time it took to work out all the charges ( this was my son's case) Anyway would you beleive the total expenses came to £535.00 now I don't know if I will get it all or not but we will wait and see!!!

How about phoning the court to find out;)

If you are doing everything yourself Write none i9nj se3ction 5 If you have someone else going to represent you in court then put his or hers particulars as requested.

I have been having a problem with Mint and Lloyds TSB Both whom I sent cheques at a discounted settlement for oustanding amounts on two credit cards. I am not going to waste time going through how I arrived at the settlement figure that is another story. On each cheque I wrote full and final settlement, enclosing a covering letter stating that cashing the cheques would mean that they agreed with the settlement figure. Both cheques were cashed. I received a letter stating that the cheques were cashed as part payment etc. I finally handled the problem to a firm of solictors to take over. While discussing the situation. I was told that in Scotland harasment by telephone was not legal but letters were. I have not heard from Mint since the last letter from the lawyer. But TSB has phoned many times. The last letter sent from the lawyer was 12th. March. The lawyer asked TSB to write them setting their legal authorities. Also a copy of the contract between Lloyds TSB and myself on which they would seek to rely. These have not arrived. I am still getting calls daily and will get in touch with the lawyer next week after allowing time for the letter of 12th March to work through their system. The latest thing I am doing when I get a call I let the phone hang on for some time before hanging up. Most of the times I an not in the office so it goes on my answering machine.

Further to my recent reply in your letter to Lowell Finance you might ask therm for a copy of of the contract between yourself and Lowell finance upon which they would seek to rely. The same for any other default loans against you. Best of luck.

I would suggest you contact Lowell Finance ltd and give them the facts of life and if they don't sort out their mistake you will sue them for harasment etc.Give them fourteen days to get thing settled then start an action. That is provided you do not owe them anything!!!

I hate to say it if you do owe for the overdraft. I think you will have to pay it also the same for the Black Horse fnance for the car. If you did enter a contract to buy the car and did buy it you are still liable for the amount owing. I suggest you write to both companies and ask for a deal on how you can manage to pay something each month ands explain your circumstances. Best of luck anyway.

You won't know until you give it a try. Which is your local court? I personally prefer thye courts to the FOS. I feel I am in more control if I am there in person!!! Anyway best of luck:)

Thanks folks for your advice. I will get on it right away and will let you know the result;)

I have read all the things to do getting a rebanding. But what can one do when one has no neighbours in a similar house. I have an old farmhouse that i think is in the wrong banding with no close neighbours in a farm house. I would like any info possible.

I don't think it matters what account you use you are going to sue for the charges which should'nt matter which account. its the charges that matter.

What you need to do is read the templates on how to charge your penalty charges back from the bank. after you have done that. Then proceed to claim against the bank sending the various letters. Eventually when you get to the point of taking the bank to court go ahead and sue. The bank will probably try to sist your claim. waiting for the result of the OFT court case. if that happens come back to me and I will give you my advice on how to handle that. I have just done that in the Perth Sheriff Court last Friday and won getting the sist refused. but there is a lot of water to flow under the proverbly bridge before you get that far. The suit for the return of charges has nothing to do with your overdraft at this time. Let me know how you are managing and I will help you any way I can. But read the templates first. Good luck

Perth Sheriff Court; and the lawyer listed a great number of sists in Scotland!!! I had a great judge the best I have ever had in all my court dealings. Best of luck in your case:)

See the thread about lloydsTSB to get the results of my court dealings with BOS trying to sist my case against them . It is so long I cannot retype it

I cannot remember which thread I was writing to yesterday when I said I was going to Court today about BOS sisting a claim I am doing for my son. Anyway I had what I thought was all that was needed and off I went. The court started 9.45 I was told to be there for 10am. I was early since I wanted to know if there were anybody else against banks, There were none. My case came up at 11am at 11.30 it was still going. The lawyer for B.O.S. had pages and pages. The judge told me to sit down until the lawyer finished. This was a different type of lawyer from all my other cases. He was complete with wig!! Actually I think he made an own goal because he said that the OFT case started in Jan and should be over in March. This was against my saying the case could last for years with appeals etc. The judge looked at my case and asked why the BOS was asking for a sist when the hearing date for my case was 28th. March. The the lawyer sai9d it might not be over. I said see!!!! The judge then said he wanted to think it over and would let us know his what he decided later. It was now noon Coffee break time I think. When court resumed we went through a bit more my telling the judgte what a difference there was between a lawyer and some one like me. Had I known the amount of papers he had I would have done a bit more homework. I said to the judge I did not mind a sist to the 28th. March when the case would come up. The judge then said he was not allowing the sist :D So it pays to fight them!!!

That does not sound fair!!!! Which Goverment English or Scottish???

I am going to court tomorrow on behalf of my son. The bank are going to ask for a sist. I am going to try and avoid the sits on the grounds that the funds due are to pay the inland revenue for taxes. I hope it will work. will let you know;)

Interesting on what happened to you. I have to go to Perth Sheriff Court onj Friday on behalf of my son against BOS. They had a sheriff officer hand deliver a note Headed. Intimation addresss ----- You are herby served with the attached Incidental Application so you may not pretend ignorance of same and are advised that this case will call within Perth Sheriff Court on 29th February 2008 at 10 am etc etc etc. What is interesting nothing has been heard from the court about a change of date the return date is not until 21st March!! also was a letter from Gordon for the defenders respectfully craving the Court to sist the action pending the OFT action etc. I will give the \court a phone later this am to see what they say. Will let you know

Congratulations:D I knew i:D t would work out ok:D Now on to bigger things