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 personally would go straight onto claim through the courts, i gave them time on one of my claims and they messed me about so much and still didnt pay up. stick to your deadlines and you will be fine. They won't demand the overdraft back, i've now had 4 claims and none of the companies i've claimed with have closed my accounts and i have £1300 unauthorised overdraft but its ALL charges. You will be fine. Just remember they are the ones in the wrong, not you!

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?

ok stuart you can do money claim as you live in england. you also have the option of taking this in paer form through the court closest to where you live in england. if you decide to go through scottish courts you can do small claims (£750 limit) or sumary cause (£1500 limit). in england small claims has a limit of £5000. hope this helps you make the decision. if you do decide to take this through the scottish courts let me know on here and ill give you any info you need otherwise moneyclaim is self explanatory once you get on it

hope this helps

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.