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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 2nd April 2008, 19:08   #1 (permalink)
pohare
Basic Account Customer
Default Case sisted in Feb until March but no word from court?

What should I do?

I was told my case would be sisted until the end of March as that's when the Sheriff said they would have a result back from the test case. No word from the court to confirm this (in writing I mean) and it's now April.

Should I call the court tomorrow and ask them what's happening with my case? I don't want it being ignored or forgotten.
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Old 2nd April 2008, 19:15   #2 (permalink)
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Default Re: Case sisted in Feb until March but no word from court?

Yes call the court quoting your ref no and they will advise you whats happenng, come back here and let us know how you got on.
Im up on Friday for a friend of mine to fight a sist, looking forward to it.
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Old 2nd April 2008, 19:31   #3 (permalink)
pohare
Basic Account Customer
Default Re: Case sisted in Feb until March but no word from court?

Thanks, will call them tomorrow morning.

Good luck on Friday...if you do well, I might need to hire your services myself!
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Old 2nd April 2008, 19:36   #4 (permalink)
Bigmac versus
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Watch out, there are Claims Touts about!

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Default Re: Case sisted in Feb until March but no word from court?

I can certainly help you fight against it, this was an edinburgh court if i remember right,or was it?
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Old 2nd April 2008, 20:05   #5 (permalink)
pohare
Basic Account Customer
Default Re: Case sisted in Feb until March but no word from court?

Yes it was Edinburgh on Feb 26th. They said they weren't putting it on hold indefinitely, only until after March 27th ( I think) was the date the Sheriff said. Have heard nothing from them since then.

Bank just charged me another £35 for an unpaid direct debit. Which just happened to be my mortgage Best part of it? The money was there. Just not the day before. I said this to the girl. She said 'we check the day before and if the money isn't there, we reserve the right not to pay the direct debit'. But my husband's salary was there on the day the mortgage payment was due out. Get the feeling they're doing their best to screw as many charges out of us as possible because we have taken the charges to the court stage.

Seriously considering moving my banking to other current account we have opened as a backup, telling Bank of Scotland they'll need to accept monthly payments towards the overdraft on our terms and doing it that way. They are the only bank I know who have their debits go out before they pay their credits in. Also, when you pay the money into the account that same day, how can they then justify £35??

Our charges now total £4610
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Old 2nd April 2008, 20:11   #6 (permalink)
Bigmac versus
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Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jun 2006
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Bigmac versus Highly informativeBigmac versus Highly informativeBigmac versus Highly informativeBigmac versus Highly informativeBigmac versus Highly informativeBigmac versus Highly informativeBigmac versus Highly informativeBigmac versus Highly informative
Default Re: Case sisted in Feb until March but no word from court?

Pohare I would advise you to stick to your guns over this, go into the branch and DEMAND to speak to someone who will resolve this, they do have a cut off time on the day in question but check twice for funds available.
The simple fact of the matter is if you have a d/d due on the 18th and you have funds in on the 18th by an acceptable hour then it should be payed and you should not incur any charges. In my opinion up to 1pm would be accptable and i have done this many times with CB and RBS who say by 3pm is ok.
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Old 2nd April 2008, 20:48   #7 (permalink)
pohare
Basic Account Customer
Default Re: Case sisted in Feb until March but no word from court?

We're going in to talk to the branch manager on Saturday morning.

The customer service rep told me that ALL direct debits are taken from the account at 3am and not attempted again. I questioned this as it's the only time I have ever heard this (and I used to work for a bank!) but they won't budge. I then asked them what time, say, a salary payment would be credited. She said 'after 3am' so how can that be fair??? Said I should have the funds in 'at least 24 hrs before' the due date in order for the direct debit to be guaranteed. So angry. It's always the cause of our charges. Direct debits are uncertain enough (weekends, bank holidays etc) but when you know you have the funds in the account on the date the direct debit comes out, it's so frustrating to still be charged.

Incidentally, First Direct (who I worked for) pay in their credits before their debits are taken out. They also allow you to go overdrawn as many times as you like in 24hrs and as long as you bring your account back into credit before the close of business (11.45pm that night) they DO NOT charge you. How they can 'magically' do this yet Bank of Scotland do the exact opposite is the main argument I have in all of this.
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