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pierre69

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  1. BOS legal dept. letter received today saying all charges and costs will be credited to my bank account. Donation on its way YEEHAR Now for my credit cards where did I put those statments LOL.
  2. phone call today from BOS legal dept wanting to settle in full
  3. Went to court today bank failed to turn up decree granted in my favour baillifs on their marks
  4. went to court today, guess what bank never turned up to defend, Judge granted decree in my favour cant wait to set the baillifs on them.
  5. Where do I start Run a shop have done for 10 years couple of years ago changed accountant and was late/slow in giving them up to date accounts so the overdraft started and when they pulled the plug on the overdraft whehe charges everyday then we got them some accounts and we were all right except for the 1200 quid they took off me in charges. Sent the first letter to the bank which they forwarded to the guy who deals with it, guess what, told me I wasnt getting anything as they hadnt done anything wrong! sent the second letter to them telling them of my intent to go to court and then sent the summary cause. Side issue on the summary cause Tried to take it to my local court but was told no durestriction as I had to take it to the court on the address of the defender! anyway we got the summary cause served on the bank and now they have said they will defend! See them in court on Thursday. hope this gives you some info on my history
  6. Letter from court yesterday 5/4/07(return date) bank intend to defend next week 12/04/07 what does that mean?
  7. Hi can you give me a link for a template for filing for summary cause in Scotland the only template I see uses english statutes? regards Pierre
  8. Hi George Can you tell me what template you used for filing your claim as I am filing for summary cause against BOS but everything on CAG site refers to english law regards Pierre
  9. Is there a Scottish version of this and did I read somwhere that I have to amend what statute to use for business banking? IN THE ANYWHERE COUNTY COURT BETWEEN JOE BLOGGS CLAIMANT And GRABBBIT BANK LTD DEFENDANT PARTICULARS OF CLAIM 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] 2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. I believe that the contents of these particulars of claim are true Signed: Date: Summary cause is being filled out just need to know a couple of things do I list all details of bank charges levied unlawfully against me and the above querie? in anticipation Pierre69
  10. Is there a Scottish version of this? IN THE ANYWHERE COUNTY COURT BETWEEN JOE BLOGGS CLAIMANT And GRABBBIT BANK LTD DEFENDANT PARTICULARS OF CLAIM 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] 2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. I believe that the contents of these particulars of claim are true Signed: Date: Summary cause is being filled out just need to know a couple of things do I list all details of bank charges levied unlawfully against me and the above querie? in anticipation Pierre69
  11. is that 14 working days or calander days?
  12. Sent initial letter to BOS asking for repayment of all penalty charges and interest from my business account and waited 14 days no reply? Then sent LBA letter telling them of pending action bank replied within week saying NO CHANCE! Do I wait another 7 days? I take it then I have to raise this in the small claims court?(getting there?)
  13. OK bear with me first post an all Sent my letter to BOS business banking in Glasgow on Monday got a reply today saying NO CHANCE so whats my next step?
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