thank you again for your help. the bankruptcy come after the money was already gone. In fact we are going through right now. I can see your points, but in a selfish and safegard way, we decided to pay our family and friends because with 2 small children and finances all over the place, if we are really struggle again, we could always ask for help. thanks again Flavio

thanks for your interest. the house was sold for the market value. The money, which was not that much, we used to pay family and friends that helped us in very hard times. At least if we get desperate again we can ask friends and family to help... Thanks again Flavio

thanks for your reply. I am guessing the same, but I am hoping that someone would tell me for sure. thanks again

After selling our house and now renting... wife is going bankrupt or trust deed. After reading lots of information, I only have one question... Can a trust deed or bankruptcy ask for the equity after the sell of a house? Hope someone can help Thanks Flavio

Thank you very much cerberusalert I will do that right away.

Hi, I have been declared bankrupt on June 2008. I am now debt free... or at least I tought so. I am still receiving letter from a dca asking me for money. They are aware of my banckruptcy, and I have reminded them with a letter. They are still write to me regardless. I know they cannot enforce this debt on me anymore... i.e. because it was covered under my banckruptcy, but the question is... how do I stop them writting to me all the time?? Any good advice? Thank you Flavio

Thank you for your advice... I will keep you posted on progress (if any) I can only try, nothing to lose after all.

Thanks for your reply. The insurance company is aware of the problem. They sent an engineer 2 times over my house. They always told me that they have ordered the part and they were awaiting the part from manufacturer. 6 weeks later the engineer phone me and told me that they lost all my paper work and they don’t even know what type of boiler I have… and that the part has never been ordered. After that conversation I have decided to install a new boiler which cost me £4000. I am now seeking £2000 compensation and I have involved Ombudsman in the matter. If you have any suggestions or advice please let me know Thanks again for your reply Flavio

Hi world, I am having a dispute with my insurance company. The dispute is about me been without any hot water for 6 weeks while they were trying to send somebody over. To cut a very long story short, I still not have any hot water, and my home insurance eventually apologies and when asked for compensation they offered me £200. I decided to install a new system (I am not expecting them to pay for), but I feel that £200 for 6 weeks without any hot water it's a bit "cold". I think they are in breach of the term and condition of my policy and I really would appriciate any advise in what figure to accept, or if £200 is adequate. Thanks

It means I lost the right to claim due to the expiry of a time limitation in the law (in my case 5 years)....!!

Hi Troops! Thought I'd let you know how I got on at court on 16th March. I was kinda hoping that the court hadn't received a copy of BOS's defence. But unfortunately they had! I also felt I had to accept that some of the charges between 31 March 2000 and 31 October 2001 had prescribed. This effectively halved my claim as under Scottish Law you can only claim for the last 5 years. The judge advised me that I didn't have to accept this and that I could still claim for the full amount if I wanted. But this would've meant that my claim could not go through Small Claims, that it would take longer and that it could cost me more money. So after a wee pow-wow with the BOS's representative (who was representing the BOS's solicitors and not the bank directly) I agreed to accept that the charges had prescribed. When the judge called the case for the second time I confirmed my agreement and he set a date for a 'Proof Hearing' on 25th May. This when I'll have to produce all my evidence and the BOS will have to do likewise....and prove that their charges are fair and reasonable. The fact that charges have been applied to my account is not in any doubt as the BOS have admitted this in their defence. The case is therefore going to be purely about whether these charges are fair and reasonable. I'm now planning to wait about 4 weeks to see what happens! If I haven't heard anything, I'm going to send the court and the BOS copies of everything I plan to rely on in court (as a courtesy and hopefully to persuade them to offer me a deal). But, I'm not going to accept anything less that a full refund of the remaining charges which amount to over £500. Both judges in both hearings were very helpful and sympathetic. Both judges also took time to give me advice and make sure I understood what was going on. My advice is to relax, be yourself and know your argument! So try not to worry Wilkins...you'll be fine!! Good Luck!

Hi Wilkinss208! Sounds like your a bit further down the line than me! Good on you for having the guts to claim for all those years! It must've taken a hell of alot of time & effort to get your info together. Is your court date on 22 March for a Final Hearing? Hope you get a nice judge and he/she doesn't strike out your claim. Good Luck!

Hi Troops! Me Again... Interesting Development!! Have just phoned the court to clarify what kind of Hearing it is and it's a Preliminary Hearing. But the most interesting thing is that the court has no record of receiving a defence from the Bank of Scotland. The BOS's solicitors sent me a copy of their defence dated 2nd March. The letter also states that they were lodging the defence with the court the same day. Of course, this could be down to human error at sheriff clerk's office....but I'm starting to wonder!? Feeling a bit more positive....but still taking deep breaths! Flavio

Thanks Alot Troops! Your advice is sound and really helping to keep me calm! I'm now very busy getting all my paperwork & evidence sorted out for Friday 16th. I'll let you know how I get on! Taking Deep Breaths (in........and.......out!) Flavio

Hiya! As you know, on 12th January I was awarded a decree against the BOS because they failed to submit a defence. The BOS subsequently recalled the decree on 16th February and the judge gave them 3 weeks to submit a defence and set a date for a full hearing on 16th March. I received a copy of the BOS's defence yesterday morning. I'm now really worried about going to court. There was no direction from the judge to produce any documents prior to the hearing on 16th March. Here's a transcipt of the BOS's defence: Admitted that the pursuer, (me), has held a bank account with the defenders since on or before 1 January 2000, the account number being xxxxxxxxx. Admitted that the defenders deducted from the account various amounts of money in charges during the period 31 March 2000 to 31 August 2006. Admitted that the pursuer contends that these charges were legally unenforceable and the pursuer is demanding the repayment of the money. Admitted that the defender has refused full payment of money. Admitted that the defender has refused full payment of these monies under explanation that they are not due and payable to the defender. Admitted that the pursuer claims from the defenders a sum equivalent to the amount debited to the pursuer's account in the period from 31 March 2000 to 31 August 2006 under explanation that the sums debited were not deducted unlawfully. Admitted that the sums are detailed in the Schedule attached to the Statement of Claim. Admitted that the defenders have a branch in xxxxxxx and are therefore under the jurisdication of this court. Quoad ultra denied. Explained and averred that the charges imposed by the defenders were imposed in accordance with the terms and conditions governing the account held by the pursuer. Inter alia, the terms and conditions state that charges can be applied '' (a) each calendar month when a debit balance on the current account exceeds any authorised overdraft limit, (b) for refusing to honour payment instructions issued by the (account holder) where there are insufficient funds available for withdrawal from the current account (after taking into considerstion any authorised overdraft limit) and © for honouring payment instructions issued by the (account holder) where the overdraft has already been exceeded, or is exceeded as a result of honouring the payment instruction.'' On each occasion that charges were imposed by the defenders, the above conditions were fulfilled. The charges imposed by the defenders are fair and reasonable and are recoverable by them under the contract between the parties as hereinbefore condescended upon. Esto the charges are not fair and reasonable, and esto the charges are not recoverable by them as part of the contract between the parties, which is denied, the charges imposed by the defenders between the period from 31 March 2000 to 31 October 2001 as detailed in the Schedule attached to the Statement of Claim, were imposed more than 5 years prior to the commencement of this action. The pursuer's entitlement to recover these charges has prescribed. Reference is made to the terms of Section 6 of the Prescription ans Limitation (Scotland) Act 1973. It's all Latin to me.....should I get a Lawyer? Any advice would be really appreciated! Many Thanks!

Hello! On 12th January I was awarded a decree against the BOS because they failed to submit a defence. The BOS subsequently recalled the decree on 16th February and the judge gave them 3 weeks to submit a defence and set a date for a full hearing on 16th March. I received a copy of the BOS's defence this morning. I'm now really worried about going to court. There was no direction from the judge to produce any documents prior to the hearing on 16th March. Here's a transcipt of the BOS's defence: Admitted that the pursuer, (me), has held a bank account with the defenders since on or before 1 January 2000, the account number being xxxxxxxxx. Admitted that the defenders deducted from the account various amounts of money in charges during the period 31 March 2000 to 31 August 2006. Admitted that the pursuer contends that these charges were legally unenforceable and the pursuer is demanding the repayment of the money. Admitted that the defender has refused full payment of money. Admitted that the defender has refused full payment of these monies under explanation that they are not due and payable to the defender. Admitted that the pursuer claims from the defenders a sum equivalent to the amount debited to the pursuer's account in the period from 31 March 2000 to 31 August 2006 under explanation that the sums debited were not deducted unlawfully. Admitted that the sums are detailed in the Schedule attached to the Statement of Claim. Admitted that the defenders have a branch in xxxxxxx and are therefore under the jurisdication of this court. Quoad ultra denied. Explained and averred that the charges imposed by the defenders were imposed in accordance with the terms and conditions governing the account held by the pursuer. Inter alia, the terms and conditions state that charges can be applied '' (a) each calendar month when a debit balance on the current account exceeds any authorised overdraft limit, (b) for refusing to honour payment instructions issued by the (account holder) where there are insufficient funds available for withdrawal from the current account (after taking into considerstion any authorised overdraft limit) and © for honouring payment instructions issued by the (account holder) where the overdraft has already been exceeded, or is exceeded as a result of honouring the payment instruction.'' On each occasion that charges were imposed by the defenders, the above conditions were fulfilled. The charges imposed by the defenders are fair and reasonable and are recoverable by them under the contract between the parties as hereinbefore condescended upon. Esto the charges are not fair and reasonable, and esto the charges are not recoverable by them as part of the contract between the parties, which is denied, the charges imposed by the defenders between the period from 31 March 2000 to 31 October 2001 as detailed in the Schedule attached to the Statement of Claim, were imposed more than 5 years prior to the commencement of this action. The pursuer's entitlement to recover these charges has prescribed. Reference is made to the terms of Section 6 of the Prescription ans Limitation (Scotland) Act 1973. It's all Latin to me.....should I get a Lawyer? Any advice would be really appreciated! Many Thanks!

Thanks AWC! Think the BoS are just being a pain in the a**e and they just want to make me sweat! They had long enough to submit a defence as they received the summons in early November 2006. And I don't think BoS have such a generous paternity leave scheme! Think I'll take your advice and wait and see what happens. They need to submit a defence a week before the next court date....so that should give me time to go over it and decide if I need a solicitor. I'll keep you posted!

Hi Everyone! I went to court today because the Bank of Scotland recalled the Decree I won against them on 12th January 2007. I won the decree because the BoS didn't submit a defence. The BoS was represented by a solicitor who explained that the person in charge of my claim had went on paternity leave and that's why no defence was submitted. The Sherrif asked if I understood the reasons for the recall. I replied I did. The Sherrif then asked if I had anything to say!? I replied that I had a letter from BoS dated as late as 21st December 2006 stating that they were going to submit a defence. The Sherrif then simply gave the BoS a further 3 weeks to submit a full defence and set the date for a full hearing on 16th March 2007. It was my first time ever in court, and a pretty nerve-wracking experience but it was all over in about 3 minutes! So it's now just a case of waiting to see if BoS are going to go the whole way or offer me a deal before the next court date. Should I appoint a solicitor of my own? (cos I felt pretty out of my depth today.) Many thanks to all who have advised me so far!

Thanks Karnevil! Feeling a lot less worried about going to court now!! The charges BOS made six years ago amount to about HALF of what I'm claiming. So it's a significant proportion! I found out that you can claim for only 5 years backdated charges in Scotland after I sent the summons. But, I thought this was Scottish Law.....and I thought I'd just have to accept it. Any thoughts on a winning the argument re the 6 years?

Hi! 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!! Any advice would be really appreciated! Thanks!

Hi! 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!! Any advice would be really appreciated! Thanks!

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!! Any advice would be really appreciated! Thanks!

Thanks! You're SO right! Cabot have sent me a photocopy of my original APPLICATION form including my signature. It is fully legible though. It is NOT as you said, 'a full legible copy of the Consumer Credit Agreement signed by myself and countersigned and dated by the original lender with full terms and conditions including the credit limit and APR'. So, just to clarify...the copy of the application form they've sent me is NOT the proper Consumer Credit Agreement I should have received!? Cabot are 'looking forward to hearing from me' and your advice is really appreciated. I think I'll report them to the OFT and TS as you suggest. Thanks Again!

I first requested my Credit Agreement from Cabot at the end of October 2006. Now after 3 months cabot have finally sent a photocopy to me. As far as I know that under the Consumer Credit Act, cabot have broken the law by not providing me with my agreement within the time limit. Can cabot now enforce payments? Or can I do anything about them breaking the law? I also dispute the amount of money that they say I owe them. Any suggestions would be really appreciated. Thanks Alot!

What a relief! You two had me worried there for a minute... Thanks again! I think we'll take your advice and hold off paying cabot until the dispute with the bank of scotland is settled. The summons is about to be served! As for me, I've sent CCA letters to both cabot and thames credit so let's hope they can't produce any documentation about me. Both of you take care until the next installment! Flavio