Hi everyone, i have today received and offer from the bank of Scotland saying that they will give me £480.00 as full and final settlement, they also state that although i have asked for a breakdown of there charges they will not provide this as it is commercially sensitive information, by my reckoning i am due back at least £1100 in charges plus interest. WHat should i do next i have 14 days to tell them but i would like your thoughts!!!i live in Scotland so the small claims track will allow me a MAX claim of £750.00 but i am unsure if this includes interest and costs, would i be able to take 2 small claims against them or would this be pushing my luck, even if i only go for one claim i can get at least £750 in the small claims or do you guys know enough to help me with a summary claim. Small claims in Scotland are not that difficult but i would like some help filling out the forms if possible. Thanks for oyur help

Today i recieved a letter in the normal post, it was not Recorded Delivery or signed for saying i am in default to my account to the tune of £333.56 which i must pay by the 2/4/2007. would i be best to ignore this as it did not arrive by recorded delivery or signed for delivery...i have repudaited this contract so as far as i am concerened the contract is cancelled and Capital Bank owe me money so i have cancelled my direct debit etc.. does anyone know if i can continue taking this view regardless of what they say, Any help appreciated

Very helpful posts, the small claims are not the way to go as iam claiming about £3000 back but i am told by the solicitor that i can only expect to get back about 2/3 of my costs which has made me wonder why!

Just ot reply to rosiecotton above, the TS have told me that it is the Supply of Goods (Implied Terms) Act that i have rejected the goods after giving the dealer a fair chance to repair (7 times i think is fair) and that regardless of repair status i can reject if i can prove the car is not of a satisfactory standard which i think is pretty clear. i read in one of the forums here that Finance and Leasing Assoc are the best people to sort this out but so far i have heard nothing.

I am unsure why i am pursuing capital bank! Trading Standards (i have had help from 3 different people in TS) have said that the car has been sold to Capital Bank and as such it has nothing to do with me and the dealer but only me and capital Bank, the dealer has tried to repair the car 7 times but each time he has only repaired some of the faults not all of them. i am also informed by the TS that in scotland there has never been a case like this that has failed in court (mine will be the first i bet) using similar arguements that i am using. also even though Capital Bank are HBOS the address on the HP agreement is england and as such i have to treat the HP as under Scottish Law even though Capital bank do not want me to, also if i want to sue them i can do so in Scotland and if they want to sue me they have to do so in Scotland. i am not sure where the TS are planning next as the officer is on holiday and Capital Bank have not written back to me since the last letter went of to them. I wondered what the best route to go is, sue for the crap car to be returned or what...maybe a solicitor is the only option but the few that we have here are pretty pricy looking for £5000 to start with

I am in Scotland so the small claims limit is £750 which i think is before any interest is calculated although it would be good to get some clarity on that. my charges total £1200 plus interest and costs

Does it matter that i have complianed to the F O S or can i still inititate legal now to get the ball rolling, i dont have to wait for them to get back in touch do i. If i was to start legal now is there a set of small claims rules that allow me to start with a claim of say £630 then go for another claim later. what do i wirte on the court form? is there a standard text for that also. if they go to court (which they might) then i have to be sure i have everything to stand there and tell them exactly what i want....

I really wish i had never gone to capital Bank! the Trading Standards reckon because i was unaware of my actual rights that in court there shold not really be a problem, also they tell me that because it i am in Scotland Capital bank will have to abide by Scottish law which they tell me in Scotland that the hirer under a hire purchase agreement; "does not lose his right to terminate the contract by 'accepting' the goods. which is the basis we are working on. I am sad to hear that there is no legal aid for civil action but i will find the £5000 to pay the solicitor if i have to, the first £1500 is going to be coming form Bank of Scotland charges refund which will be a start.

I know i should have been sending in court papers 4 weeks ago, i am still slightly nervous of doing this at the moment for many reasons but one being that i am very busy at work until at least the beginning of may and as i am self employed it will be easier to start court action after april is over.

I have read that in most cases the F O S have bene involved in the banks have sttled out right without argument just to be safe. but i am unsure of what they will offer.i have received another letter from the bank today saying they are sorry for the delay but will be back in touch as soon as they have an answer (no wonder the banks have been [edit] our money for so long they cant even sort out one account in 8 weeks and 1 day) what chance i have i dont know but court looms for them soon and then i am going to start helping everyone i know to cliam their charges back just ot teach the bank a lesson. i have considered taking out an ad in the paper to alert all the locals to what can be done....HA HA

Hi I have had a lot of contact with Trading standards over a used car i bought using Capital Bank. the car has been a bucket of crap and in 3500 miles it has been in the garage 7 times, the last time it was in for 4 weeks so i have repudaited the contract with capital Bank. the problem is they are refusing to allow me to do this and i am arguing that because i did not realise i was able to do this it is only now i have taken the liberty and i am still entitled to my rights although if they had not told me on several occasions i was not allowed to retrun the car it would have been retruned a lot sooner. do you think i will ever be rid of capital Bank they are a terrible company to deal with and trading standards are unsure of what to do next, i live in Scotland so the sale of goods act is a bit different and i know it does not allow for affirmation of contract unless i basically say ok i affirmed my contract but at the moment i am not sure if there is an argument that i could put across that will have a better effect... Any help appreciated, i have also just logged a complaint with the finance and leasing assoc complainng about the treatment i am receiving from capital Bank and stating my rights for them to sort out but i dont know if this will have any effect either. court is an option and a i shoud qualify for civil asistance but i dont know how to go abotu that either

I totally agree, you get nothing for nothing, i have already filled out the court forms and i will give the F O S 21 days, if they havent managed a reply by then i will go to court and sort them out. it does not bother me either way but as far as i am concerned the bank owes me £1500 and i will get it back. This forum is amazing the amount of help i have gained is good. does anyone out there know if there is an easy way of canceling a HP agreement when the car bought on it has been in the garage 7 times in 3000 miles?

They only need copies of letters you have sent to your bank already although one of that letters did have a charges breakdown on it, there should not be any problem if you dont have a list of charges as the bank will already know what has been charged. One thing that the F O S have siad is that the banks are giving in to avoid a full investigation by the F O S as this would lead to disclosure of what the charges really cost and we all know that it is probably about 50P I will keep you posted and if i am unsuccesful i can still go to court so nothing to lose except another 8 weeks without money but if it is successful i get to keep my bank account also.

Hi Everyone, i have just joined the forum so hello but i have followed the guides and help you provide with interest, thanks I had to join as i thought i should share with you something i found on the Financial Ombudsmans Website, basically they are talking about bank charges etc and claim that they have not had to investigate a single compliant because once consumers send complaints to them they send the compliant to the bank and the banks have settled by way of a GOODWILL GESTURE everytime....I am currently trying this route as the Bank of Scotland have so far basically ignored me although they did say they would be back in touch (fat chance) I am unsure if the F O S can get my money back or not and i will let you know if and when it happens but i sent the compliant to them today. Have a look here FAQs - complaining to the bank and see what you think.