I was at court yesterday in Paisley Sheriff Court, Renfrewshire in Scotland. This was a follow up from the 11th July when the sheriff declined jurisdiction as she had shares in Lloyds TSB. I turned up and waited an hour and a half. I was expecting to have to go up and say all the things I had already said on the 11th July. Didn't need to say a word. The Sheriff called us and we both approached the bench. He said to the Lloyds' Counsel, " I've heard your evidence so many times over the last 9 months but I'll listen to it if you want me to, maybe something has changed". Well, nothing had changed. The same old banks' rhetoric about the test case blah blah. After listening to him the Sheriff said that the laws concerning charges in Scotland were different from those in England. He said when they finally reach a decision on charges in England the outcome will only be persuasive in Scotland and certainly not binding on Scottish Sheriffs. There is now a proof hearing on the 31st October. (Should I dress up? lol). So to anyone in Scotland who is fighting any bank. Don't sit back and allow them to sist the case. Turn up and I think you'll find that Scottish Sheriffs aren't keen to let the English judicial system control how they make their decisions. Good luck to everyone. I'll keep reading and will let everyone know how the actual proof hearing goes. Regards, Davy-m

wills7. Are you the same wills7 posting on the moneysavingexpert web site? PPI Reclaiming successes and failures - Page 29 - MoneySavingExpert.com Forums

The fact their doing it is a sure sign of panic. They never changed the amount of the charges though. Roll on the court case. Mr McKenzie won't be involved. He's too lowly for that. Stuff him.

I had a letter containg leaflets (x4) from the Clydesdale Bank to tell me they have given new names to the charges that are being challenged in court. What used to "Unauthorised Overdraft Charge" has now been renamed to "Unplanned Borrowing Fee". The other charges like refused direct debit and charges for bounced cheques have been renamed in a similar way. Am I nuts when I think it seems like they are positioning themselves for a defence in court next year, claiming the Penalty Charges are Service Fees. Surely they don't believe changing the names will make any difference? Have any other banks done this yet? Let us know please.

Hi everyone. Can anyone tell me if I am legally entitled to word my claim to the small claims track worded like this? "The Pursuer claims from the defender the refund of £356 in charges, plus the cancellation and/or refund of any additional penalty charges that may be applied to the pursuer's account whilst these proceedings are ongoing. The Pursuer also claims the expenses of bringing this action to court." I am worried I can't ask for charges not yet added to the account. (Monument Credit Card) Cheers

I would keep your Bank Charges and Credit Card charges separate. It will be less complicated, although you might need to pay for 2 moneyclaim applications. You will get that all back. If you can wait you could chase the larger amount first and when you win, they may pay out on the smaller one without the need for a court summons. They will know that you mean business and will not pack it in like most do. While I'm here. Monument sent a letter offering to pay back half of my charges £132. I have written back politely telling them to keep it. BOS offered £60 hahahaha. They're going to court, at least I'm calling them to court. Two different things I suppose.

Have a look at http://forums.moneysavingexpert.com/ Look at DFW Banks charges thread. It will take you hours to read it.

If they don't respond within the 40 days lodge a complaint with the Information Commssioner. You could threaten them with this if you wish prior to the closing date. I went to the local branch and asked them for computer printouts of the account from day one, abour 3 years. They supplied them free of charge. It's worth asking. Nothing to lose there. Computer printouts are much cheaper then copies of statements so they may be more compliant. I also sent a DPA to Monument which they received on the 1st June. They cashed the cheque I sent on the 8th. Still waiting the material. They are still sending charge letters too. This can be fun if you don't hurry or worry. They are breaking the law, not you. The waiting game is what they play, to try and make you go away. You will win. Don't accept partial offers. Ignore the nice "sorry" letters they will send you. Ignore their suggestions about the ombudsman service. Don't let them dictate the time scales, you keep to your timetable and send your first letter as soon as you finally get the figures. Don't give them any more than 14 days to replace your money then start your court summons process. That's the only thing they pay any attention to.

Greedy Arrttkl

I guess the picture has been painted but I'll just add that he works for the BOS Paisley branch too. I would love to know where he gets the thick black pen from. If he's right handed he'll be easy to spot with one arm bigger than the other.