Hi Everyone I have just returned from Overseas where I have been for a few months. Would anyone know whether the High Court ruled in favour of the customer or the Bank? Regards Scott

Thanks for the info green and mean. With all that said is it true that a Penalty Charge Notice is NOT enforceable in a court of law purely because it's a penalty? Don't know what to do now!!! Regards Scott

Hi overflow Many thanks for the info. I have checked the list of courts but don't see Dundee Sheriff Court listed at all, i'm not entirely sure if things are different in Scotland? I successfully lodged a small claims earlier this year and won, however, due to the maximum limit placed on small claims (I think £750) that is all I received despite the BofS knowing from previous correspondance that they owed me double that in bank charges. I then proceeded with a second small claims to get the other half of my bank charges back but was told that the court would not accept a second small claims on the same 'subject'! Unfortunately, I left everything be and didn't progress any further to try and get my money back, however, that money is rightfully mines and I do want it back but not sure now if a second small claims would be accepted based on what I was previously told. As ever, your advice would be much appreciated. Kind regards Scott

Hi Everyone Can anyone offer me any advice about a 'Penalty Charge Notice' that is endorsed with 'The City of Edinburgh Council'. I received this PCN for being parked approximately five minutes over the expiry of my Pay and Display Ticket. The cost of the PCN is £60 which will be reduced to £30 if paid within 14 days of issue of the PCN. I have doubts over the accuracy of the times that the Parking Attendant entered onto his machine to issue the PCN. Basically, my ticket expired at 15.01hrs and the PCN was issued at 15.07hrs, however, I met the Parking Attendant as he was about to photograph my car (he had already placed the PCN on my windscreen) and myself and two colleagues noted the time to be 15.06hrs at this point. I can only assume that for the Parking Attendant to have entered all the details onto his machine and print out the PCN and seal it to then place it on my windscreen then surely he must have started this process before my ticket had even expired!!! He appeared startled when I first approached him and he quickly walked off but I did call him back and he stated that there is normally a 'grace period' of five minutes but they are told to be strict! Do you think that I may have any sort of case or should I just pay up? I have written letter to their Department more or less stating the facts as I have stated here. Any advice would be much appreciated. Regards Scott

Hi Can anyone tell what the latest developments are with regards to claiming one's bank charges back? I have heard that no further claims are being entertained by any bank until after a High Court ruling, which is apparently some time next year!!! Kind regards to you all Scott

Cheers Scott, and will do Dusary. Best of luck Scott

Hi Kenny Thanks again for the advice, it is most helpful and appreciated. I will bare in mind all what you have said because there is no way that I am going to allow Bank of Scotland win!!! The money belongs to me and i;m going to get it all back! Kindest regards as always Scott

Thanks for that Dusary and Kennythecelt, you have been very helpful and I feel better knowing that I will get my money back. I have now downloaded the necessary form for FOS so fingers crossed. Thanks again Scott

Hi Scott Many thanks for the advice. I will most certainly look at their website, is that where I get the form to complete and what are the chances of me getting my money via this route? Regards Scott

Hi andromeda411 Yes, I live in Scotland. I decided against the summary cause route because the advice was that this route was far more risky than small claims. Also, I was not aware that I couldn't make a second claim for the other portion of my money! Regards Scott

Hi Everyone I am seriously looking for some advice. My first small claim of £750 has been accepted and BofS have since written to me to advice that it is not in their best interests to go to court and will therefore pay-up as per the small claim. I am, however, quite alarmed that I have been told by the court that the Sheriff may not accept a second small claim for the other half of my money because it is based on the same facts as the original claim. The court advised that it's up to me to try a second claim but I may lose my £39 if the Sheriff doesn't accept it!!! I have since written to BofS asking them for the full amount otherwise I will proceed with a second claim. I just wonder if the Banks know this little loophole and are taking advantage of it! I would be most grateful for any advice that can be offered in respect of making a second claim because I would hate to now lose the remainder of my money which is reghtfully mines! Thanks again Scott

Hi Everyone I got in touch with the court last week because I hadn't heard anything in a month. In a nutshell the court held onto my small claim papers for a month because a word that was written as "to" should have read "from". If I tell you how furious I was that it took them a whole month to let me know!!! My claim papers have been sent again so I await in anticipation. The offer from Bank of Scotland of half my money back as a 'gesture of goodwill' and without admission of liability to resolve my complaint is still active. I had previously stated that I had 14 days in which to accept the offer but this was not the case and in actual fact there is no deadline and the 14 days is the length of time BofS would endeavour to have the money in my account should I accept their offer! Kindest regards to you all Scott

Many thanks maroondevo52 and sea-sidelady, your advice is useful. I will most certainly get in touch with the court if I don't hear anything over the next few days. I'm beginning to wonder if the BofS is only just getting around to replying to my letters sent over a month ago and nothing to do with them receiving notification from the court! Anyway, fingers crossed and I will keep the site posted of any new developments. Regards Scott

Hi Everyone Just wanted to briefely update you with regards to my progress with getting all my bank charges back. Bank of Scotland ignored my two letters requesting my money back so following all the information given to my everyone in CAG I lodged my small claims with my local Sheriff Court. Guess what........? Yep, Bank of Scotland phoned me and tried to offer me a sum of money so I rightfully didn't respond and put the phone down on them!!! I then received a letter offering me half of my bank charges back so long as I accept within 14 days and accept full liability. They called it a 'gesture of goodwill'.......... HARDLY!!!!! I have ignored the letter and have no intentions of accepting their offer unless it's for the whole amount! I am assuming the bank got in touch with me because they received correspondance from the court, however, I have not received anything back from the court considering that I lodged the claim approximately 3 weeks ago. Do I have anything to worry about and should I get in touch with the court? Any advice would be grately appreciated. Regards Scott

Hi folks Just stumbled over another issue. When you go via the small claims route (which in Scotland is upto £750) does that £750 include the interest or is it £750 then you can add the interest on top of that??? Your help would be appreciated. Many thanks Scott

Many thanks for the very useful and informative information Scott and Hagenuk. I do feel much more confident about what I need to do. Thanks again Scott

Hi Folks I sent my LBA 2wks ago and the 14 day deadline was Monday 22nd February. I have never received any form of acknowledgement for the preliminary letter I sent first nor the LBA letter. both letters were sent by registered post. How bad is that for them not to reply!!!:grin: I have since spoken to the court and they gave me the site for downloading the necessary form to lodge my small claims but I have a few queries that I would be grateful if you could advise me on as follows: 1. Is it enough to enter on the form the full address of my branch of Bank of Scotland or do I have to enter the name of a specific person? 2. I have to include details of the money that I am claiming so I guess that I attach a copy of the spreadsheet that I included with my preliminary and LBA letter. Am I correct in what I am assuming? 3. I am totally lost with the interest that I now need to apply. I believe it to be 8%. I am claiming £926 in bank charges but I don't understand why I now have to add on interest and what am I supposed to add the interest on to 4. On the spreadsheet detailing all my bank charges do I then add the £39 small claims fee? I appreciate all your help and i'm sorry that I am not grasping this whole concept!!! Regards to you all Scott

Hi Vincent Many thanks for your response. I sent my LBA 2wks ago and the 14 day deadline was Monday 22nd February. I have never received any form of acknowledgement for the preliminary letter I sent first nor the LBA letter. both letters were sent by registered post. How bad is that for them not to reply!!! I have today spoken to the court and they gave me the site for downloading the necessary form to lodge my small claims but I have a few queries that I would be grateful if you could advise me on as follows: 1. Is it enough to enter on the form the full address of my branch of Bank of Scotland or do I have to enter the name of a specific person? 2. I have to include details of the money that I am claiming so I guess that I attach a copy of the spreadsheet that I included with my preliminary and LBA letter. Am I correct in what I am assuming? 3. I am totally lost with the interest that I now need to apply. I believe it to be 8%. I am claiming £926 in bank charges but I don't understand why I now have to add on interest 4. On the spreadsheet detailing all my bank charges do I then add the £39 small claims fee? I appreciate all your help and i'm sorry that I am not grasping this whole concept!!! Regards to you all Scott

Hi. Bank of Scotland have failed to respond to my LBA letter and I will have to proceed to the small claims stage. Can anyone please tell me where I get the forms that I need to complete for the court and is there a code for them. I live in Scotland. Many Thanks Scott

Hi Scott Many thanks for your useful advice and yes I am in Scotland. I am claiming just short of £1000. What do you think is the best route to take - small claims or summary cause? - if it comes to that of course!!! Can I claim back all the additional costs such as lodging the claim, etc, etc? I did not charge any interest on the spreadsheet that I sent with my preliminary letter nor the LBA which I subsequently sent... I hope that is correct!!! Many thanks once again. Scott

Hi Folks I sent my letter (as per bank templates) to the Bank of Scotland requesting that all my bank charges from the previous six years be refunded. I sent it by registered post and gave them 14 days to respond but they never did. I then sent them the LBA letter (as per template) again with 14 days to respond. What should I do if they fail to respond to the LBA? I know what I should do because it's in the letter but should I write to them again? I worried about the next course of action incase I get it wrong and I'm confused about starting the small claims proceedings and who pays for it! Also, how do I find out what interest I should be charging should it go to small claims? Any advice would be grately appreciated. Regards Scott

Thats great, now i know what to include on my spreadsheet. Thanks for all your help

I have never heard of those terms so i would say no. My account has always been just a current account.

I think i will do just that and go for the easy option. I have to claim back £609.00 in excess overdraft charges and £312.00 in account maintenance charges. As for any other interest i wouldn't have a clue how to work it out! Cheers.

Hi I served my initial letter to Bank of Scotland back in June 2006 requesting a copy of my statements for the past six years. Unfortunately, i did not have access to this God-Saving site and it ended up being many months later that i finally received all of my statements for the past six years!!! I have been in dispute with them ever since arguing that they are due me compensation for the time and inconvenience of the whole matter and i am charging them for every letter that i am having to write to them. Needless to say they have not paid up! My concern is that because i did not have access to CAG i have perhaps not dealt with this situation the way i probably should have. I would be grateful for any comments. I am about to lodge my preliminary letter for refund of all bank charges whilst being acutely aware that i have this on-going fight for compensation for the length of time i had to wait for my copy statements. Many thanks Scott