So there is no appeal chance, I'll just have to start paying it back?

I did attend. Sat there and the solicitor for the claimant laid out her explanation. The Judge Queried the acknowledgement of debt. The solicitor stated that a rejection letter from the FOS was acknowledgement of the debt. I explained that this was a Scottish Bank, with an account in Scotland between a Scottish person, and the debt was more than 5 years ago, also that the charges were clearly not in line with the documentation. I also contested that a reply from the FOS did not prove I had acknowledged the debt. Judge said it was within 6 years and hence I should pay, then lectured me on how I should have agreed a reduced offer with the debt company as they buy the debt up for pennies in the pound, ignoring the fact the bank breached their contract terms documented in the evidence. I felt he ignored the fact my branch was still in Scotland and the dispute I had over the charges was still valid.

IT IS ORDERED THAT 1. Summary Judgement for the claimant for £1xxx.xx 2. The defendant must pay the Claimants costs assessed at £4xx a. The Judgement or Order is Final. b. An appeal lies from the Judgement or Order to Circuit Judge in the County Court. c. Permission to Appeal is refused. d. The appropriate Appeal court to which any further application for permission may be made in Circuit Judge in County Court. dated 28th March That's what was on the letter, I only got it last Friday though.

That didn't go to well. 'Judge' did not agree that this was a Scottish contract. Also accepted the claimants statement that the reply from the FOS rejecting my complaint that the Bank charges applied to my account were not unfair or unjst amounted to my acknowledgement of the debt. What are my next steps/options?

I submitted my defence via MCOL, yes. I'll send these off then..........Recorded.

Now Who needs to get a copy? Should I enter this on the MCOL Gateway? Many thanks again for your patience and assistance Andy.

"Dear Sir or Madam Claim number: xxxxx This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me. I refute the claimants Witness statement and object to their application and that it be denied. As the contract was signed in Scotland, this falls under Scottish Law. The last payment of this alleged debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the limitation acticon, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT debt collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to CPUTR2008 In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment pursuant to CPR 24 against me should be dismissed. Date: xx Feb 2014 Statement of Truth I believe the facts stated in this Witness Statement are true Signed: xxxxx

Do I send this Witness Statement to the Claimant?, The Court? Register it on the MCOL gateway or all of the above? I have the following to send.Would this be ok? "Dear Sir or Madam Claim number: xxxxx I refute the claimants Witness statement and object to their application and that it be denied. As the contract was signed in Scotland, this falls under Scottish Law. The last payment of this alleged debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to CPUTR2008 I look forward to your reply. Yours faithfully xxxxx"

I'm not sure what all of that means tbh. Do I need to attend or Do I need to send anything in now? They issued the initial claim from Northampton on the 16th December 2013. This pack/claim came from the local court last week (28th January 2014)

Sorry for the delay. Had to get some redaction software.

I have the documents in today and will scan them up. Do you want me to send them direct or redact and post in the thread? Many thanks for your help.

I have received a pack from the claimant listing the activity on the account. Their case states there was a payment into the account in February 2008. This was my last salary before I changed to my current bank. My reasoning would be that this would be statute barred in Scotland, but not in England. 5 years or 6 years. They have included bank statements from 2005. Also, extracts from the banks terms and conditions regarding Bank Charges and Interest. The Branch Address is still in Scotland, I never changed Branches. The interest is listed at 0%, although the account is littered with Interest debits. The charges do not line up with the guidlines listed. ie They state £30 charges, yet they were charging £39, £73, £100, £20, £28, £30, £39 which was what I disagreed with. I will post up the wording of the letter later. Thanks

I have my court date in now. This falls on a date where I am unable to attend due to annual leave not being granted. Is this a valid reason? I have called the court and informed them and they advised me to send in an email and put on why I cannot attend and what my defence will be based on. How would I make sure this is subject to Scottish law (5 years) and not English Law (6 years)? Would I be better employing a lawyer?

I have no contract, it was an overdraft hammered by bank charges. I have used another bank for over 8 years, and never accepted that the alleged debt was lawfull as it was made up of these charges. I've put in the statute barred defense now and saved it. What are the next likely outcome/actions?

Many thanks Andy (and everyone else.) I have been suspicious of their timing on this one. The cynic in me thinks 14 days before the end of the year is timed to attempt the issue to slip. I have submitted defense under Statute Barred. The entirety of the alleged debt was made of charges and caused by those charges. The demand was before the 26th of June 2007, so outwith 6 years since I had any payments or acknowledgement. We will see what the new year brings.