Well, i was wondering when they would finally get round to making me an offer and what do you know, their offer and my service must have crossed in the post! They have offered me £680 as a full and final settlement against my claim of £2000+. I have absolutely no intention of accepting this. Do i have to write to them and reject their offer or do i just let the small claim run it's course? They are full of 'goodwill' now ... but i am not. Oh how the tide has turned

Okay well that's it, i've done it. The claim is raised with the Sheriff Court in Glasgow. If anyone is reading this and they are nervous about it going this far, believe me it could not be any easier raising a claim. You've done all the hard work working out what you are owed, writing letters, being patient - going to court to submit your work is a doddle. The only nervous bit is navigating part all the neds that appear to be hanging around the court building. And the airport security. Now i can just sit back and wait for the fruits of my labour. Or i could start chasing someone else. Wonder if my wife has anything owed to her ... This is actually quite enjoyable!

As far as i am aware, the papers are served on the head office but you should include details of the branch as well. For example, my papers read as defender: The Governor and Company of the Bank of Scotland The Mound, Edinburgh, EH1 1YZ and also having a place of business at: 258/262 Dumbarton Road, Glasgow, G11 6TU and my claim has a wee sentence at the end like: The defender also has a place of business at 258/262 Dumbarton Road, Glasgow, G11 6TU and is therefore under the juristriction of this court. I'm not sure the above matters as i could raise my claim in Engerlund but i saw it on a previous post so in i went Lemming style. I suppose it would depend on your neighbours' seniority within the branch if he/she would see details or not - is closing the account and opening a parachute account an issue? Hope that helps a little.

Any idea on what date the 'Date of Service' is?

Right, that's it then. It's off to court we got. At least to hand in my forms. I am not going to claim any interest on the fines up to the date of service as i stand to reclaim around 2 grand anyway. I just have one issue remaining before i nip down to court with my £39 - What date is the date of service? On the excel spreadsheet (simple - scotland) it has a formula for 'Today()' so this changes every time i open my sheet. Plus is this a rolling charge i.e. the amount of judicial interest i'll be claiming today will be greater tomorrow, and the day after etc. Anyways, if sombody could answer that i'd appreciate it. By the way i've not even had a call or knockback letter or anything. All i've had is the first letter saying they've received my request for payment and are investigating, giving themselves 4 weeks to reply. Then i got a letter four weeks latter saying sorry for not responding, still investigating etc., we will get back to you by 18th October! - 8 weeks after my request! Anyway i know i've let this one linger a wee bit but ironically money was short last month and i didn't even have £39 to raise my action! I do now though! Cheers.

Right well that's their 14 days up and all i've received is a lousy 'we've got your letter and it may take us 4 weeks to respond' Not even a phone call. Surely they know that in two i'll be down at the court! Anyways, my second request for a refund letter goes out today and then it's war. Or court. I've asked this before but nobody responded, any ideas? -> on all the templates on this site the time given at each stage is 14 days. However the time given on Govan Law Office templates is 7 days. Anyone know why the difference and/or if there is a legal requirement to this before going to small claims?

BOS are driving me mental, charging me left, right and centre for DDs that there is sufficient funding in my account to cover. I don't know how many times i've had to phone up - the letters/charges just seem to be computer generated with no human input to check if the charges are fair or not. I've sent my first request for a refund off and got their 'looking into it' letter. They've got 'til next Thursday then it's the threat of court! Read around and feel good that all your money can/will be reclaimed!

Well I posted my letter on Mon 21st to the Dunfermline address on BOS website and Royal Mail track and trace says it was delivered from their LEEDS office on Wed 23rd. Not sure why it's in Leeds but they have my letter and the clock is ticking. By the way - on all the templates on this site the time given at each stage is 14 days. However the time given on Govan Law Office templates is 7 days. Anyone know why the difference and/or if there is a legal requirement to this before going to small claims?

I would say that offering to 'only' charge you £12 per instance shows their true colours - £12 was a maximum level. Why not offer to 'only' charge you £6, £8, or £10? - because it's all about profit, so the maximum it is. Furthermore ANY amount charged has to relate to the liquidated losses to the company - they would still have to justify a £12 charge as i think you may have mentioned. Just because a charge is set at £12 or under does not make it legally enforcable.

Okay - so i've sent my first letter off asking that i'm paid back £1857 which is the amount in charges that BOS have taken from me. The interst issue is one that confused me from the start. I understood that i could add 8% judicial interest at small claims stage, is this correct? I can cope with not being able to add any contractual interest - that does not really bother me. At what stage do i seek damages? I can show incompetance on their part since i have twice been charged when having sufficient funds, been charged when 2p over my overdraft limit and also been £60 down in a month solely on their wrongly charging me. By wrongly charging i mean that i have had suficient funds to cover all outgoings - i appreciate now that all charges were 'wrong'. How much do you seek for distress etc. At what point is it getting greedy?

BOS owe me £1857 in bank charges, which with 8% interest comes to £2005.56. I understand that the most you can claim at small courts in Scotland is £750 - so I suppose i'll put in separate claims at Small Claims for instance for charges from 2000-2002, 2003-2005, etc. Just one final thing - who do i send my letters to, my Branch or a Central HQ? I'm with Halifax BOS by the way if you couldn't guess by the name. Thanks all again

Hi all - so glad for this site. BOS have been the bain of my life for so long now and was so so glad to find out about reclaiming unfair/illegal charges. I am one of those people who have genuinely been charged £30 for being 2p over my overdraft limit to be asked "Did you know that the Direct Debit was coming off?". I have also been charged twice for XS overdraft when plenty cash was available to cover the payment. Glad/Astonished/Disappointed that there are so many people in same boat as me. I seem to be a bit weird in that i have every statement and letter that BOS have ever sent me so am currently trawling through them working out what they now owe me (+8% interest) in prep for my initial approach to them - will keep you all updated.

Thanks HadEnough but that one seems to be a bit of a can of worms at the moment. I know if you word it properly at court stage you will still at least get the 8% but i'm happy to take my lot and run. I know it is not the point but there are very few/zero banks offering a return of 8% on any savings account so i'm just happy to be part of this one, however illegal my membership. Anyways, i've a new problem now - BOS owe me £1857 in bank charges, which with 8% interest comes to £2005.56. I understand that the most you can claim at small courts in Scotland is £750 - how do i get all i'm due back? Do i put in separate claims at Small Claims for instance for charges from 2000-2002, 2003-2005, etc. Or can i do a Heather Mills and decide where to file my claim in order to get most money (i.e. England in my case). Thanks all again

Hi all - so glad for this site. BOS have been the bain of my life for so long now and was so so glad to find out about reclaiming unfair/illegal charges. I am one of those people who have genuinely been charged £30 for being 2p over my overdraft limit to be asked "Did you know that the Direct Debit was coming off?". I have also been charged twice for XS overdraft when plenty cash was available to cover the payment. Glad/Astonished/Disappointed that there are so many people in same boat as me. I seem to be a bit weird in that i have every statement and letter that BOS have ever sent me so am currently trawling through them working out what they now owe me (+8% interest) in prep for my initial approach to them - will keep you all updated.