Hi 7givenchy, what grounds are you using to defend your claim on Tuesday. I was going to go down the route of deliberate consealment which means the 5/6 year limitations act does not apply but as they did not defend I never needed to. Cheers....

Hi Jenny, Could you please list the details of how much you are claiming from each account as this will have a bearing on how to proceed. cheers...

Themacs, The best way would be an Ordinary Action if you are in Scotland as Small Claims limit is £750 and Summary Action is £1500. If you have access to an English address you also may be able to pursue it through the English courts their limit is £5,000. Try to read as many threads as possible before you make your mind up which route suits you best. read this thread first: Urgent Attention Please Read - Claims in Scotland - Consumer Action Group Good luck.

Jacky, They never offered any defense nor did they turn up in court. If you are going down the Ordinary Action Route I think you can almost guarantee that they will ether defend or settle.(Hopefully the latter) Good luck with your claim........

Just returned from court. We have been granted a decree and will receive the extract on the 22nd March. Thanks to everyone who has helped me get through this. Lets hope nothing else happens and they pay up.

Just returned from court. We have been granted a decree and will receive the extract on the 22nd March. Thanks to everyone who has helped me get through this. Lets hope nothing else happens and they pay up.

Just returned from court. We have been granted a decree and will receive the extract on the 22nd March. Thanks to everyone who has helped me get through this. Lets hope nothing else happens and they pay up.

Debt Mountains have you checked this thread Urgent Attention Please Read - Claims in Scotland - Consumer Action Group This may have a bearing on how you proceed

Update....... Phone the sheriff's clerk today(Tuesday) and the HBOS has still not submitted a defense. I'm off to court tomorrow to see what happens. I'll post an update tomorrow.......

Update....... Phone the sheriff's clerk today(Tuesday) and the HBOS has still not submitted a defense. I'm off to court tomorrow to see what happens. I'll post an update tomorrow.......

Update....... Phone the sheriff's clerk today(Tuesday) and the HBOS has still not submitted a defense. I'm off to court tomorrow to see what happens. I'll post an update tomorrow.......

Sorry the Bank of Scotland. Maybe they are to busy spending their bonus payments.

Hi Projenic7, Just thought you might find this of interest Started Summary Action for first £1500 of claim on 14/01/07 Charges date are 22/12/99 to 01/09/2000 Return date set as 28 Feb- the bank has failed to respond Handed in form 11 today(Form of minute - no form of response lodged by defender) Will phone office again on Monday to check for response Hearing Date 07/03/07 I am really surprised that the bank has failed to defend a case that in their eyes fall outside the limitations act(5 Years Scotland). I'm still going to get my court bundle set just in case.

Sorry to butt into your thread. I have been reading this with interest for the last two weeks or so. I currently have a claim going back more than 6 years. The return date was wed 28th march and the bank has failed to respond. The case details are as follows: started Summary Action against BOS for first £1500 of claim on 14/01/07 Charges date are 22/12/99 to 01/09/2000 Return date set as 28 Feb- the bank has failed to respond Handed in form 11 today(Form of minute - no form of response lodged by defender) Will phone office again on Monday to check for response Hearing Date 07/03/07 I am really surprised that the bank has failed to defend a case that in their eyes fall outside the limitations act(5 Years Scotland). Has anyone else had this happen?

The story goes on.............. Started Summary Action for first £1500 of claim on 14/01/07 Charges date are 22/12/99 to 01/09/2000 Return date set as 28 Feb- the bank has failed to respond Handed in form 11 today(Form of minute - no form of response lodged by defender) Will phone office again on Monday to check for response Hearing Date 07/03/07 I am really surprised that the bank has failed to defend a case that in their eyes fall outside the limitations act(5 Years Scotland). Has anyone else had this happen? Cheers...

Excellent. Just signed. I wonder if Tony's had any bank charges?

All the best with your claim. A wee dram would be better than a pint. Cheers........

hi Siri, Leave the £12 charges in. The BOS have just settled with me and the last charge I had was for £12. They never even defended my action and that was for over £500. Good Luck......

Hi BJ, The judicial rate is added by the court if you win which I'm sure you will. It is calculated from the date when you hand in your summary clause form to the date the case ends. Hope this helps Good Luck..................

The court will add this. Just make sure that your decree states something like this : The Pursuer claims from the defender the sum of £xxx.xx, plus interest on that sum at the rate of 8% from the date of the service, together with the expenses of bringing the action. Hope this helps.............

Millentubby, You are okay to add the judicial rate of 8% at the claim stage. This is the way you would be advised on this site. I used the head office address of the bank on the claim form. hope this helps.........

Shaokahn, I was in the exact same position as yourself. I felt it was better first to get the banks off my back and then start to fight to get my money back. I'm not saying that this is the right way to go about it but this is the way I went about it. I'm sure you will get a load of different views but the important thing is to start the process of reclaiming your charges. Good Luck.....

Hi Millentubby, Firstly good luck with your claim. The defendant is the Nationwide Bank For the claim of decree: The figure should be Charges + Interest + £10 S.A.R Fee If applicable. I notice that you say that you are not claiming interest, do you mean contractual interest or none at all. You are allowed to claim 8% interest from that date of service of the charge. You can use the simple spreadsheet on the CAG templates to work this out. The interest that the court will add is only the 8% judicial rate for the day that you hand in your claim form. Hope this helps

Hi Maryhillgull The more than 5 year limit in Scotland has had some success but not really tested as yet. I am currently working to get a claim for more than 5 years through at the end of this month. The argument I will be using is limitations act only comes into play when I became aware of the charges being unlawful. You will find several threads explaining the details to use as your defense. The banking ombudsman service I think that they raise your complaint with the bank and get the settlement for you but I think they accept the £12 as a fair charge and only get the difference for you. This is only what I have picked up through reading various articles in the press so I may be wrong. You can view a lot of these in the banks in print section on the CAG home page. Good luck with you claim.

Audball, Continue to pursue your claim. The fact that they have put money into your account doesn't mean you have settled unless you signed to say so. We were in the same position with a letter we received saying that because we had not replied to their offer (which we had)they would take that as us accepting the settlement. These are all just tactics they are using to test your resolve. Fight on and get all that they unlawfully took from you.