Use this in your claim (box 7) if claiming against a English bank in Scotland. As per the terms of the Civil Jurisdiction & Judgements Order 2001: “Any proceedings which by virtue of the Article 16(1) (consumer contracts) are brought in the United Kingdom by a consumer on the ground that be is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.” The claim is therefore under the jurisdiction of this court.

Follow this link Summary Cause Forms and print off form 1b. you fill it exactly the same way as you would the small claim but there is one more box you need to fill in at the back. It is just your name and address and the banks name and address though so it no bother. Gib

The £750 is the limit for the charges. The interest and court fee is on top of that. You can also do a summary cause which is an almost identical form and the total is £1500. I think once you submit this to the sheriff clerk, they send it back to you and you then have to take it back to court to get it actioned. It also only costs £39... (the only big difference is that if you lose you are liable for costs but it won't happen)

I phoned the sheriff court today because i had'nt received anything back and I submitted my form on the 21st of July. They said they will send out another copy to me first class but one of the clerks emailed me and said Halifax have to the 12th of September to respond to the action and the hearing date is the 19th of September. The timescale seems huge in comparison to other cases. Is this just a Scottish thing?

I would phone Capital one right now and speak to them about it. Be firm with them and tell them you want them to take the debt back as it is in despute. they should contact NCO about it rather than you. that is what happened with my council tax arrears. you dont want them coming to your house and lifting all your stuff...

I got several replies to my LBA, some with an offer, some without. The last one was the best though. It stated it had enclosed a previous response and also their standard leaflet but there was nothing in the envelope. Idiots... I went to Edinburgh Sheriff Court today to hand in my small claim which with the interest totalled £766.86. It was a nerve racking experience but the guy behind the desk knew exactly what to do. From reading the other threads it appears that the usual wait for repayment ends up being about 20 days after the claim was submitted so I am aiming for the 10th August. rock on!

i wouldn't worry about it. just see what they say, if they refuse just go for the whole amount. £800 isnt far off the total and at least it clears your balance...

I would have either not bothered replying or do so but say you only accept as part settlement and that you will be persuing the whole amount. Since you sent the letter saying you would accept £800 it is best to wait and see what they say. They might accept which does mean you miss out on the difference but it is possible they will refuse. It would have been best not to say you will take £800 but it clears your balance which you are obviously happy about. If they do accept the £800 then i would definitely take it as they might use your letter as evidence that you accept parcial payment. Remember that is all your money and they should pay you it all back.

Yeah, there is a message function with Cap 1 when you sign in to your account online. i would use that and also send a letter. when i called them the other day i was on hold for a while but eventually got through

Read The Faq's!!!!

One more thing. Next time they call tell them you only want to receive written correspondence from now on. Again, legally if you ask then they have to comply.

Mate, phone up Capital One and tell them that you are intending on getting them to refund the charges and that you consider the amount due to them to be in dispute (because most of the money you owe them is in charges). Tell them you want them to take the account back from Debitas because they cannot pass on your account to a collection agency because the amount owed is disputed. By law they are not allowed to pass on the account if that is the case. I read elsewhere in the forums about someone else doing getting it taken back in similar circumstances. I am not certain but I would presume the same applies to your account despite Debitas being part of Capital One. Then tell them you refuse to pay off anything unless you get both your statements/list of charges. Then start sending the letters... Just be firm with them.

They haven't replied to me yet either. I ordered my statements two weeks ago so I called up today to chase them. The guy I spoke to was really helpful and put me on hold while he chased them up. He said it was lucky he did as no-one had actioned them (as i expected). I also mentioned that I would not be paying any more of my balance until I received them. They can't send your account to a credit agency if there is a dispute so you are safe to do this. Not that it really matters, any charges they add on we get back in the end... you will want that smiley back one day...

Yeah. the executive office in Nottingham I think. I am having quite a lot of fun with them at the moment. I am about £90 over my limit but have told them the amount is in dispute as they owe me the charges back. You should have heard the guy stutter when I told him I was paying nothing until it is sorted out.. Good luck (not that you need it)

Capital One will supply statements for free at the moment. It doesnt excuse why they haven't returned your cheque but I wouldn't expect them to cash it either...

Received the standard "unable to make a refund of the charges" letter on the 14th day after my preliminary letter... LBA was sent the day before...

i did send everything to head office in Halifax by the way...

Thanks, i have already sent my LBA from my Edinburgh address. Is it too late now? i have an English address i can use for the money claim but does the address have to be the same as the LBA? Since i only have the 14 months of statements at present i might claim this one in the scottish courts and once i receive the rest of them do it though moneyclaim (presuming it is >£750...) any thoughts? thanks for your help with this...

Are you able to do that? i thought because my branch is in Edinburgh that i have to claim in Scotland. it certainly appears that way by the other threads i have read. Have you stated the claim then? The £724 only covers the last 14 months, i think that was a good period so i would imagine it would be in the region of £1k a year going back from that. I am still waiting on my statements as i only have a few before the 14 months i have asked for initially.

I would like to comment on the letters banks have been sending out with their initial offer for a partial refund. When a bank makes an offer and then states "If we do not hear from you in eight weeks we will assume you are happy", this is not binding in any shape or form. I can't remember the name of the case that set precident for this but basically a no response can not form part of a contract. (i am an accountant and had to learn this during my studies...) The original case was something to do with a guy who wrote a letter to his cousin saying he would like to buy his horse for £1 and if you dont reply I will presume you agree to the terms. The courts obviously told him where to go... It is unlikely the banks would ever attempt to use the arguement if a case went to court but it is just another example of banks speaking balls to try and scare you off.

14 days from preliminary letter and I have had no response at all. I have just posted my LBA and will hand a copy of it into my local branch at lunch time so there is no excuse of them not replying to this one. Is there anyone from Scotland who has put a claim in for any advice would be greatly appreciated.

Did you send any letter to them or did they just call you straight of the back of you calling them? I attempted to call them to say "just do it and save yourself some time" and the guy told me they have been informed to stick to their procedures and all requests for repayment will have to be done in writing... Do you know who called you?

I have spent quite a while reading through all the threads and FAQ's on this site and am suprised how many people are in the same boat with this. I just wonder what will be the final outcome once the whole world starts claiming back the unfair charges... Anyway, I sent off my request for bank statements before i read that you can phone up and pay £5 but nevermind, I have statements going back 14 months and the charges on my account total £724. Pretty handy considering in Scotland you can only claim £750 at a time. I think that was a pretty good 14 month period in comparison so I can't wait to find out what the full total is. My RBOS account will be even worse but I have closed that and have only one statement. Statements requested for that too. I sent out a preliminary letter requesting the £724 and everything else they have charged me. The deadine is in two days and I have the LBA ready to go. Just to antagonise them I sent an email covering what I said in the preliminary letter and added a few legal matters in a hope to speed things up. I sent it to every email address i could find for customer relations but I doubt I will receive a reply...

Looking at other forums it seems that it is easy enough just to make one claim for less than £750 at a time. I managed to look out all my old Halifax statements going back to August 03. I am still missing 360 days of transactions in between dates and also any statements prior to that. I have just submitted a request for repayment of £741 for the last sixteen months and will see how much they have taken on top of that when my statements finally arrive. Halifax DPA request sent 20/6/06 1st Halifax request for repayment of £741 sent 21/6/06 Capital one statements ordered 22/6/06 RBOS DPA request sent 22/6/06

Having read through the faq's and a few of the forums I have decided to give it a go. I only have statements from the last year, with charges of £500 so today I sent off my request for bank statements going back 6 years. By comparison the last year was a good one so I would imagine the total charges are fairly substantial. One thing I would like some advice on is the difference between Scottish and English claims. In England you can claim up to £5,000 without incurring charges but is it only £750 in Scotland?