Thanks for very much for getting back to me. Sorry for the late reply, haven't been on the forum that often over xmas. Will probably proceed with moneyclaim as it seems a lot simpler to do it like that and my claim goes over the scottish small claims limit of £750 anyway. I'm still going to wait for the banks reply anyway and I've opened an account with the co-op bank as a safety net.

Thanks. Thats given me a bit more confidence. My next question is about the Scottish Claims Procedure. I live in England but my branch is in Scotland and my parents live there too. I don't think I can make an application for the small claims court via the Moneyclaim site can I? I'm going home next week for xmas and wondered whether I could pick up any forms I need from my nearest Court? Can you choose any court? Hamilton Sherrif Court is the closest but lots of BOS court claims seem to go through a court in Edinburgh. Does anyone know how to proceed via the scottish courts?

Banks response to LBA was due today. Received response yesterday saying they would have full response no later than 18th Jan. Do you think I should wait for their response and then proceed with court action? Does the fact that they have delayed their response and I accept the delay mean that my case would be looked upon less favourably when it finally went to court? The thing is I don't really want to proceed with court action until I get their response as I'm worried that they could close my account and with it being so close to xmas and new year I can't really afford for them to do that. I'm also worried they might ask me to pay back my £2000 student overdraft. Since I'm still a student with only a part time job for income I don't really want to have my account closed. Any advice/ suggestions?

I sent my LBA off on the 5th so my plan was to give the bank until the 19th to reply and then proceed to the court case stage. The problem is that I phoned Customer services today and the woman I spoke to said that they intended to send a letter out to me on the 18th!! She also said she couldn't discuss the content of the letter as it hadn't been written yet! Since I won't RECEIVE the letter till after the 19th Can I still proceed to court action even IF the bank sends the letter out before the cut off date of the 19th? Also...I'm a wee bit worried about intending to sue my bank so close to xmas! I'm not sure how long it takes to get a court date after you apply? Does anyone know?

Thanks for that. Hmm. think I'll be sending the LBA when their 14 days is up then. They didn't give me a single days grace when they were applying their charges.

I am at the LBA stage. In my previous letter which I sent on the 16/11 I claimed for £888 in overdraft charges. They didn't receive the letter until the 21/11, so I am calculating the 14day period from the date they received and not the date I sent it. I have received a standard letter saying they would deal with my complaint and get back to me within 4 weeks. However I am sticking to the 14 day deadline and am planning to send the LBA on the 5th Dec (Is this ok?) What I wanted to know is whether I should drop the charges I am claiming in the LBA to £750? I can't find a section on scottish small claims on the forum but a few threads seem to suggest that the maximum that can be claimed in the scottish smalls claim court is £750. Is this correct? If so how do I explain/phrase my dropping the figure I am claiming from £888 to £750 in the LBA? Thanks in advance for any suggestions/advice