Hi Again, Thank you for spending the time to post an initial writ. I forgot to tell you that this is a business account.! Allegedly many of the arguments do not apply to business accounts. Went to solicitor and she has advised me not to tackle this with an initial writ. I was advised that the bank would defiantly lodge a defense and I could be liable for thousands in court fees etc (if I lost). So I think it is back to the drawing board. Lodge 5 x small claims. I think this would be the safer option. Try one at £750 then tackle the rest if BOS settle. If not go to court and see what happens. Thanks again.

Hi again. Many Thanks for all your replies. Firstly let me say that I have done all the ground work. applied for statments sent prelim and lba. The problem was that when I went to court the clerk advised me that rather than making several claims I could claim the full amount under one initial writ. I guess what I am really looking for is someone who may have used this method already. I am going to have a good read through the forum tonight. I have an appointment wed 10.00 am so I will let you all know what the solicitor says. Thanks Again.

Hi all... I think this is a wonderful site but, it is still a little unclear for those of us in Scotland who require a claim of more than £750/£1500. (£3140.00) I have done all the ground work but when I went to the clerk office he advised me that I would need to visit the Citizen advice bureau or a solicitor to start an initial writ. or start 5 claims.8-) I have e-mailed the CAB and tried to call them a dozen times. No joy. I have since then made an appointment with a solicitor who then advised me that he could not take the case because they represent the BOS. I have found another solicitor who will help me with the Initial Writ but charges £120 per hour. Are there any templates advice on this procedure:?: Many Thanks for any help...

Hi all, I have followed the information provided on this wonderful site and I have hit, I hope a minor obstacle. I sent away for my statements..No problem I sent Prelim letter...No problem Sent LBA again no problem Went to the Sheriff Clerk who has advised me that because my claim runs into several thousands I need to start an initial writ. I have looked over the site but can't seem to see any templates etc for this. Can anyone point me in the right direction.? Small Claim in Scotland for amount over £1500 requires a different format etc. Many Many Thanks:)

Hi, Many Thanks for the info. I have printed off the Letter Before Action, and will send this out on Monday. Thanks again. Shaun.

Hi, Thanks for getting back to me.. I have just posted a new thread with the actual reply from the bank. Do you want to have a read and see if what you think.? Kind Regards Shaun

Dear Mr Marwick. Thank you for your letter received on the 18 th September, concerning the charges applied to your account. You have referred to the view of the office of fair trading (OFT) on charges. I am aware that the OFT have stated that credit card companies should charge no more than £12.00 in penalty charges for exceeding an agreed limit or failing to make the minimum payment. Our legal department have advised that this investigation is related to credit card charges only and not bank account charges. THe OFT's inquiry is based on th Unfair Terms in Consumer Contracts Regulations to which you have referred, however these regulations do not apply to business customers. I am therefore not willing to refund the charges levied as they were applied in keeping with our terms and conditions, which you will have agreed to. Has anyone received a reply like this.? Do I continue with the LBA. ? Kind Regards Shaun Marwick

Hi All. I have sent the Bank Of Scotland the prelim. letter asking for my money back. They have replied telling me that these charges only apply to credit card charges and does not cover my business account. They say I have eight days to reply or they will consider the matter closed. Is this the case.? Any help would be greatly appreciated. Kind Regards Shaun Marwick