I'll ring tomorrow as I said and I'll ask if it is a possibility it will be transferred. Does that mean I'll have to go to Leeds or do they settle before this step?

Doncaster county court. I forgot to ask about that bit. I didn't speak to the listing officer he was out of the office and had gone home by the time I rang back. I think I'll ring him in the morning as the girl I spoke to had to keep going off the phone to ask someonelse. Don't really want to do the court bundle unless I have to. I don't know about YB taking me seriously I can't understand how they can pay some out reasonably quickly and others are left waiting.

Phoned the court and they said it should say if I have to produce any paperwork but it doesn't. She then said if I wanted to bring along any paperwork I could but I had to serve copies of this on the other party. I think I'll get together a court bundle and serve this on YB as it will also show them I am determined to go all the way. Ok do you think?

Thanks Caro I knew you'd be along soon. Yes small claims court. I thought I'd ask on here before I phoned the courts.

Next update: Have received Notice of trial date for 21.06.07 at 2.30 pm. They haven't asked for any court bundles is this the norm? After giving above details it says in bold type Any application in the case must be made to the court where the case is to be tried What do I do now please?

Caro have tried to pm you several times but your box is full. Phoned the court this morning and it has been transferred to someone for listing. However, on MSE site someone in the same position as me said to contact YB solicitor to try and settle out of court. They said there is a template letter on this site but I can't find it. Anyone point me in the right direction please?

Thanks will wait for date

I'm not so bothered about when the case will be heard just that should I be filing any paperwork with them now or waiting until I get a date.

Duplicate post

No it says the hearing of the claim will take place on a date to be fixed at ?????????? court and should take no longer than 1 hour.

Received a Notice of Allocation to the small claims track (hearing) from local court. Says the judge has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. What's next please? Do I wait to get a date of hearing and then submit documents?

Do you mean to ask them why the judge has ordered the filing of the AQ be dispensed with etc. Do I write to my local branch still or Kirsty Ross who filed the defence please?

Could you point me to where I can check if their defence is a standard one please? Yes, they still refer to their charges being a genuine pre-estimate of cost resulting from our failure to keep within the agreed overdraft limit on the account

Update - received notice of transfer of proceedings to my local court but Judge at Northampton court has ordered without hearing that the filing of an allocation questionairre be dispensed with in this case unless the district judge at the court of transfer orders otherwise - is this normal? What happens next please?

Thanks Caro for all your help in the past. I have just read your thread so congratulations on your win. Hope you enjoyed the money.

Next update - received this morning their defence so I guess I just have to wait for allocation papers from court. My claim is £505.00 plus 8% interest. Why are YB bothering with all this for such a small claim? My husband thinks I am going about this all wrong as he's heard of people with other banks getting their money back straight away.

Just an update, I started my claim October 2006 and got to the 50% settlement stage at which point I sent the cheque back. Then got a letter 16.11.06 to state the banks position remains the same so I wrote back to say I would be taking them to court. Due to family illness and subsequent bereavement I couldn't carry on with this and received a letter from them on 04.01.07 to say banks position remains same as in letter 16.11.06 and apologies for delay in replying. So 27.02.07 did MCOL claim sent to England branch, letter also to England branch with copies of claim and 8% interest and letter to Ms H McGuiness (a new one) telling her that I had issued a MCOL claim to England branch plus copies of claim and 8% interest. Today have received a notice that acknowledgement of service has been filed so they now have 28 days to file a defence. Now this state's the defendant's name as Clydesdale, Legal Services, 40 St Vincent Place, Glasgow signed Kirstie Ann Ross. Sorry this is so long but because of the illness etc. I am way behind with work and a lot of other things and don't have the time to trawl through all your posts so hoped someone would take pity on me and tell me what happens from now. My claim is for £505.00 so not a huge sum. Thanks.

I want to complete the MCOL form tonight and have downloaded the template but don't have the date the account was opened nor the year it must be at least 20 years ago so what can I enter please? In the template it says that 3. Defendat is aware of all the details as a list of charges has already been supplied. Another copy will be sent. Does this mean that I have to send a letter to YB stating that I have started MCOL and enclose a copy of charges etc.

Thanks Caro. I'd already read that thread which is why I was searching for the correct letter to send the cheque back torn in two rather than trying to get them to remove their conditions.

When I first started this it was the court bit that frightened me but after reading about all your experiences it's not as daunting.

Thanks. That's the letter I was looking for but couldn't find. I have been reading up as much as I can but there is now so much on this site that by the time the next letter arrives from YB I have forgotten where I have seen things!!!!!! I also thought the Without Prejudice had to be at the top of a letter naughty of them to hide this towards the end of the letter.

Thanks I'll do that. I have been sending everything by recorded delivery to the branch. So I'll send the cheque back to Neil McKirdy and MCOL next week to the branch.

Received the following letter plus cheque for 50% of claim and Ombudsman leaflet from Neil McKirdy. Gist as follows:- The Bank's position remains as outlined in our letter of 26.10.06. Responsibility to maintain account in credit or within agreed o/d limit is solely yours. Your spending habits have taken you overdrawn/over agreed o/d limit resulting in the Bank incurring costs which are passed on to you. The bank charges debited reflect the operation of the account. Our charges are documented within our tariffs and a copy would have been provided when account opened and updated inserts from time to time. Further, even if you were successful in your arguments the Bank would have a claim against you for damages suffered as a result of your breach of contract in failing to adhere to the terms and conditions of the account. Such a claim would incur court costs and interest for which you would be held liable. However, the Bank would like to resolve this matter without the disproportionate expense of a court action. Cheque is tendered without admission of liability and is in full and final settlement of your claim and your encashment of it will be taken as your acceptance of this. Please note that as this letter is written in an attempt to resolve this matter without the need for court action it is without prejudice to the Bank's whole rights and pleas and may not be founded on in any action to follow without the Bank's written consent. Then bit about Ombudsman. So in light of the paragraph about without prejudice am I right in thinking that I should cut the cheque in two and return it to Neil McKirdy? Could anyone please point me in the direction of a letter to say this plus I'll still be taking court action. MCOL will start next week. Finally thanks to all of you who have helped me this far.

I received the same sort of letter (TDvYB) and just carried on and sent the LBA letter at the appropriate time then got a letter back to say they had reopened my case. If I don't get my money by next Tuesday I'll be proceeding to court action next. Best advice is from Caro keep reading the posts, the FAQ section but mostly in your case the Scottish sections.

MSE site has a new 8% interest calculator it can be found under the debt free wannabee section (sorry can't link)