Just to give you an update - I went to the Kilmarnock Sheriff Court yesterday (3 working days after HBOS return date) and got the clerk to fill in the Form 11. She told me that the bank may still try and defend and I would end it having to go to court this Friday. I got home only to discover that the postman had left a letter form HBOS with a cheque inclosed! The letter and cheque were dated 22/3/07 (this was the 27th). I got back every penny of my claim + interest + court fees. This is the third successfull small claim I have won against HBOS with the same account. I am going to send my LBA1 soon for my 4th and last claim!

I've already successfully claimed 3 times against HBOS with Kilmarnock Sheriff Court. They accepted it no problem. Going with my 4th and last soon.

Thanks - Will do. I'm going tomorrow morning so I needed advice tonight. Anyone else needed to fill this form in? Normally the banks pay up before the return date.

I've reached the end of my 3rd claim against HBOS. I'm claiming a total of £2500 but I've split it into 4 seperate claims of under £750 each (i'm claiming in Scotland) and I've successfully reclaimed back the first 2 claims. During this 3rd claim i received a letter on 13th March from HBOS saying: "I note that you have previously had two payments in respect of your compaint regarding bank charges on your account therefore I am unable to agree to your request for a further refund." The return date was on 23rd March (last Friday) and the hearing date is the 30th March (this Friday). Nothing came on Saturday's or Monday's post from HBOS so I contacted my local Sheriff Court today to ask if the bank had defended the claim but they clerk at the court told me that had had no reply from HBOS at all. He explained that I would need to fill in the FORM 11 that I received with my confirmation letter (which I have) and hand it in before Wednesday morning. What exactly do i need to include in the FORM 11 and how do I fill it in? Any help would be much appreciated. kevmcfad

I think I'll do the same as sarahmoon33

HBOS, in my experience, always wait until the very last second before handing over any money. In my first claim I received a letter from them the day after the return date saying that I would receive a cheque for the full amount (+ interest and court fees) within 7 days. It arrived 7 days later! On my 2nd claim I received a letter from them on the return date again saying that my cheque would arrive in 7 days but it was attached to the letter. I've contacted the Financial Ombudsman Service to ask for their advice. Failing that I'll wait until the return date and ask the opinion of the Sheriff Court.

thanks, will do.

Kilmarnock Sheriff Court. I won't know if HBOS will defend until I call the court on Monday 26th March.

HBOS has charged in total over £2800 over the last 6 years and I've split that into 4 seperate refunds and done them seperately to avoid it going Summery Casue. HBOS has already sent me 2 cheques for the first £1400. I'm currently on my 3rd court case against HBOS (which the Kilmarnock Sheriff Court accepted) but the bank has sent me a letter which has been worded differently to that of any other letters they've sent me. It reads: "I note that you have previously had two payments in respect of your complaint regarding bank charges on your account therefore I am unable to agree to your request for a further refund." The return date is next Friday (23/03/07) and the hearing date is 30/03/07. Is this just another scare tactic from them? I guess I should contact them to acknowledge this but what should I say in my letter to them? Any help would be appreciated.

You can only claim up to £750 at a time through a Scottish Sheriff Court. I split the £2800 into 4 seperate cliams so that each claim was less than £750.

HBOS has charged in total over £2800 over the last 6 years and I've split that into 4 seperate refunds and done them seperately to avoid confusion. HBOS has sent me 2 cheques for the first £1400. I'm currently on my 3rd court case against HBOS but the bank has sent me a letter which has been worded differently to that of any other letters they've sent me. It reads: "I note that you have previously had two payments in respect of your complaint regarding bank charges on your account therefore I am unable to agree to your request for a further refund." The return date is next Friday (23/03/07) and the hearing date is 30/03/07. Is this just another scare tactic from them? I guess I should contact them to acknowledge this letter but what should I say in my letter to them? Any help would be appreciated.

Thanks for the replys. The bank's response date was Friday 22nd and yesterday (Saturday) I received this letter: Dear Mr McFadzean I have received and have been dealing with the proceedings, which you have issued against Bank of Scotland in the Kilmarnock Sheriff Court. Your claim relates to bank charges debited to your current account. Theses charges were debited to your account in accordance with the account terms and conditions, which you agreed to accept, and by which you are bound. However, on a purely commercial basis, it will cost Bank of Scotland money to defend your claim in terms of the legal costs that will be incurred. It is unlikely that Bank of Scotland will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded. For this reason, but without admission of liability, Bank of Scotland is willing to reimburse £587.00 in respect of the bank charges incurred, together with £161.95 in respect of approximate interest that Bank of Scotland has calculated was charged on your account as a result of the charges. Please see the attached schedule for ease of reference. The Bank of Scotland will also reimburse £39.00 in respect of the Court fee. This amounts to £787.95, a cheque for which will be forwarded within the next 5 working days. I will write to the Court to let them know that your claim has been settled and would be grateful if you could do the same. Yours sincerely Rachel Sandbrook Customer Relations Manager Core Business Customer Relations RESULT!

I'm claiming back £2800 in total in bank charges from the Bank of Scotland. My first claim is for £587. The bank's return date was today but they failed to contact my local Sheriff Court to defend the claim, although they sent me an offer today for £648. I've been told by the Sheriff Court that I have to fill in a Form 11, which they had previously given me, and hand it back to them before this Wednesday. How do I fill in this form? If I do hand it back to the Sheriff Court will I automatically win by default? The Form 11 says: "insert that you want the court to grant decree for the sum sued, with judicial interest at 8% per annum with payment together with expenses with undefended summary cause scale, together with lodging dues of £x" I assume the expenses are the £39 court fee but what does "lodging due" mean? I've looked at the Govan Law Centre and searched Google but can't seem to find much information about this.

Thanks for the link. I don't particulary want to phone the Bank of Scotland. Why should I bother? They couldn't be bothered to defend the claim against them. I'd have to wait on hold to speak to an operator then explain everything to them. If I fill in the Form 11 and hand it into the Sheriff Court will I automatically win the case by default?

Need some help with Form 11 and sheriff court action! I've been using the templates in the Consumer Action Group's library (great resourses!) to claw back the bank charges that the Bank of Scotland have given me over the last 6 years. Because they gave me so many charges I was forced to get a loan to pay off my overdraft and I switch banks around 10 months ago. I'm now with Smile (internet bank) and had no problems since! After sending the Data Protection Act letter they sent me my last 6 years bank statements to me within 2 weeks in 3-4 seperate packages. I calculated the total amount of bank charges over this time and it came to a massive £2821 (not including 8% APR) :o . Since I'm in Scotland I've been forced to break this down into smaller amounts. The first amount I'm claiming is £587 + 8% APR (Total £749.63) + £39 Court Fee. I sent them the Request for Payment letter and they sent back the usual automated responce. I then sent the 2nd Request for Payment letter and they responded by offering me only £129, which I rejected. The deadline that I set in the letter passed so I issued a Small Claim with my local Sherriff Court. The Summons is on 29/09/06 and the bank's response date is 22/09/06 (today)! They bank sent me another settlement agreement letter today for £648. The wording is : "Confirm that I accept the offer of £648 from Bank of Scotland in full and final settlement of my complaint regarding bank charges made on my Bank of Scotland accounts." Does this mean that I can't claim back the rest of the bank charges from them? I contact the Sheriff Court for their opinion and the woman in the sherriff clerk's office couldn't comment on the wording but she did say that they had not been contacted by the Bank of Scotland and I would need to contact them personally as the letter was sent directly to me. Is this correct? and since the response date has passed is there any point in replying? The Sherriff Court gave me a Form 11 Minute of Decree that I have to fill in before 27/09/06. What is this and how do I fill it in? :? kev :?

Hi guys I'm trying to claim back £2800 in charges from BoS and I've got as far as sending my letter asking for the first set of charges (£745) to be refunded. Anyway the reason I'm posting is that my initial DPA letter was sent to the BoS Customer Relations (PO Box 29112, Dumfermline, KY11 2ZX) by 1st class Recorded Delivery. I kept checking the "Track and Trace" on the Royal Mail website but after 15 days It hadn't seemed to have been delivered. I contacted Royal Mail and after a few days I got this response: "Dear Mr McFadzean Thank you for your email about a signature item reference number DK908825961GB. I have checked our Track & Trace details and can confirm that this item of mail was delivered as addressed on 19th June 2006. This item was one of a large number delivered to this address that day, and although a signature was obtained for the whole delivery, we are not able to obtain a signature for each individual item. Unfortunately, I am unable to provide you with a copy of the signature for this delivery. I apologise for any inconvenience you may have been caused. If you still have concerns, please get back in touch quoting our reference number from the top of this letter. Regards Paul Bailey Customer Service Advisor." In the meantime while Royal Mail was looking into my query the BoS sent me my statements over the last 6 years (over 3 days and not in chronological order). Typical!