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On 12th January I was awarded a Decree against the Bank of Scotland for unauthorised overdraft charges, excess overdraft charges at an unauthorised interst rate, account maintenance charges plus interest.
Yesterday, the Bank of Scotland served a Minute for Recall of decree and I have to attend court on 16th February.
Do defenders have a time limit to abide by before they can recall the decree?
Here's a quote from the Minute for Recall of Decree including the bank's defence:
The Defenders move the court to recall the decree pronounced on 12th January 2007.
Reason for failure to appear or be represented:
Oversight on the part of the Defenders' legal services division who failed to lodge the form of response by the return day.
Proposed defence /Answer
The Defenders contend that the charges imposed by them are fair and reasonable and are recoverable by them as part of the contract between the parties. The Pursuer's allegation that the charges are unenforceable and amount to penalty charges are denied. In any event, certain of the charges detailed in the schedule attached to the Statement of Claim, being the charges imposed between 31st March 2000 and 31st October 2001 were imposed more than 5 years ago and any entitlement to seek to recover those charges as prescribed.
(I live in Scotland and I tried to claim for backdated charges for the past 6 years when I should've only claimed for the past 5 years). Even so, I calculate that they still owe me a quite a bit of money.
Please don't let me be the first action group member to go to court and LOSE!!
All it means is that you have a hearing to overturn the decree. The best thing is just to agree and to allow them to submit a defence, then your claim will continue along the path.
Re the 6 years you can argue the point depending what proportion of your charges are prior to the 5 years - if its minimal you can just offer to amend the claim to exclude them.
Decree Recalled - I'm going to court!
for unauthorised overdraft
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Re: Decree Recalled - I'm going to court!
Feeling a lot less worried about going to court now!!