Thanks Scott. Just as I went out the door the postman delivered our mail and what do you know? There it was a letter from the bank offering the full wack! All my panicking and worrying for nothing. I know that hate is a strong word, but in this case I definitely hated the bank for putting me through this.

I have decided to respond to their letter as below, hopefully they will respond before Tuesday

 

Response to settlement offer

 

Thank you for your letter dated 26 April 2007. We respectfully decline your offer of Full and Final settlement.

 

We wish to stress that we do not accept your offer as Full and Final settlement and the money transferred to our account should not be viewed as our acceptance. We hereby authorise you to remove this sum accordingly.

 

Alternatively, should you wish to settle our claim in full, being £2,076.29 (see copies of our letters dated 8 January 2007 and 1 February 2007 attached), then please forward the balance of the claim (£1,309.62) without further conditions and I will inform the court that the claim for Claim No xxxx being £1,004.31 (including court fee of £39) is settled.

 

You advised that the Bank of Scotland does not consider that we are entitled to the further £202.64 that we are claiming in the above case and that we should provide evidence otherwise the bank will file a defence in respect of this part of our claim, but on 8 March 2007 we received a letter from Bank of Scotland offering us £1,168 (a copy of which we enclose for ease of reference) which we respectfully declined and requested that the full amount of £2,076.29 be refunded to us. Please advise why the bank indicated that we are entitled to £1,168 on 8 March and now the bank is advising that we are only entitled to £805.67?

 

We have copies of our statements and have highlighted all the charges which the bank have unlawfully charged to our account, the charges of which we have stipulated in our schedule attached to both our letters dated 8 January 2007 and 1 February 2007. We believe this is enough evidence for a judge to rule in our favour.

 

We trust this clarifies our position and look forward to hearing from you by return.

 

Yours sincerely

 

 

 

 

Email: xxxxx

Direct Dial: xxxx

Hi everyone!

I am starting to panick a little bit. Bank of Scotland has filed a defence and I have to appear in court tomorrow morning at 10:30. Has ayone else been in the situation where BoS paid some of the money into your account, and then filed a defence for the rest (a stupid £202.64)?

Do you think they will actually show up in court? They only filed the defence at the last minute.

Hi all, I'm so pleased to be seeing so many `winners` now. I have a question re my case and the Royal Bank of Scotland. I put in 2 claims for 2 different accounts one being £650.00 which was agreed within a week! the second however which is for £250 they are denying and have replied to the small claims court summons that they are defending it saying they believe their charges are fair!. Surely by settling one account with me they have set a precedent with me by settling on one account, also are they now saying they will defend just to try and scare people off the whole court process? surely they are not going to the wall and defending £250.00? I really feel I should keep going with this one, I would love any help and advice here as I know lots are in my position.

 

TJ (Cornwall)

Hi TJ

We are in the same situation as you at the moment with Bank of Scotland. I received full payment before it got to court stage on my current account. Our joint account and my credit card unfortunately went to small claims and we lodged them at the same time.

The bank wrote to us just before the hearing date re our joint account offering £600 (plus interest and court fee) out of £724 and said that they believe we are not entitled to the £124 plus interest and unless we provide evidence they will file a defence. So now they have filed a defence and I have to appear in court on Tuesday at 10:30 for £124 plus interest. The irony of it is that they said in that same letter that it would cost the bank too much money to go to court but now they have filed a defence. I hope it is just a scaring tactic. No doubt I will be roaming this website all weekend just in case they do show up.

I have decided to respond to their letter as below, hopefully they will respond before Tuesday

Response to settlement offer

Thank you for your letter dated 26 April 2007. We respectfully decline your offer of Full and Final settlement.

We wish to stress that we do not accept your offer as Full and Final settlement and the money transferred to our account should not be viewed as our acceptance. We hereby authorise you to remove this sum accordingly.

Alternatively, should you wish to settle our claim in full, being £2,076.29 (see copies of our letters dated 8 January 2007 and 1 February 2007 attached), then please forward the balance of the claim (£1,309.62) without further conditions and I will inform the court that the claim for Claim No xxxx being £1,004.31 (including court fee of £39) is settled.

You advised that the Bank of Scotland does not consider that we are entitled to the further £202.64 that we are claiming in the above case and that we should provide evidence otherwise the bank will file a defence in respect of this part of our claim, but on 8 March 2007 we received a letter from Bank of Scotland offering us £1,168 (a copy of which we enclose for ease of reference) which we respectfully declined and requested that the full amount of £2,076.29 be refunded to us. Please advise why the bank indicated that we are entitled to £1,168 on 8 March and now the bank is advising that we are only entitled to £805.67?

We have copies of our statements and have highlighted all the charges which the bank have unlawfully charged to our account, the charges of which we have stipulated in our schedule attached to both our letters dated 8 January 2007 and 1 February 2007. We believe this is enough evidence for a judge to rule in our favour.

We trust this clarifies our position and look forward to hearing from you by return.

Yours sincerely

Email: xxxxx

Direct Dial: xxxx

I have been looking through the treads today and it seems our option is that we should accept the payment as part settlement and advise the bank that we will be contacting the FOS to pursue the rest of the money. Is this correct?

Hi, I just wanted to say thank to the site for helping me to get my money back. I have made my donation as a thank you.

On another note. Our joint account's return date is on 1/05/2007 and we received a letter this morning as follows:

Date 26 April 2007

I have received and have been delaing with the proceedings, which you have issued against Bank of Scotland in the Edinburgh Sheriff Court.

Your claim relates to bank charges debited to your bank account. These 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 whithout admission of liability, Bank of Scotland is willing to reimburse £600 (Mel and I were chasing for £2,090.39 incl interest and have filed a small claim for £728 + £241.31, being in Scotland) in respect of the bank charges incurred, together with £166.67 in respect of approximate interest that Bank of Scotland has calculated was charged on your account as a result of the charges. The Bank of Scotland will also reimburse £39 in respect of the Court fee. This amounts to £805.67, which will be credited to account nr XXXXX within the next 5 days.

The Bank of Scotland does not consider that you are entitled to the further £202.64 that you are claiming. Unless you can provide evidence (We sent our schedule to them on two occassions, asking for £2,090.39 reflecting the charges from the copy accounts that they provided us with) of this further loss the Bank of Scotland will file a defence in respect of your claim (I thought they said in their third paragraph that this will cost the bank money?)

Please note if an interest payment has been made, this constitutes 'taxable income' and any tax due on this should be dealt with between you and your local tax office.

Can someone please advise us what to do here. Please note that our return date is on 1 May (this Tuesday) and the hearing date on 8 May

Thanks in advance.

Hi, I just wanted to say thank to the site for helping me to get my money back. I have made my donation as a thank you.

On another note. Our joint account's return date is on 1/05/2007 and we received a letter this morning as follows:

Date 26 April 2007

I have received and have been delaing with the proceedings, which you have issued against Bank of Scotland in the Edinburgh Sheriff Court.

Your claim relates to bank charges debited to your bank account. These 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 whithout admission of liability, Bank of Scotland is willing to reimburse £600 (Mel and I were chasing for £2,090.39 incl interest and have filed a small claim for £728 + £241.31, being in Scotland) in respect of the bank charges incurred, together with £166.67 in respect of approximate interest that Bank of Scotland has calculated was charged on your account as a result of the charges. The Bank of Scotland will also reimburse £39 in respect of the Court fee. This amounts to £805.67, which will be credited to account nr XXXXX within the next 5 days.

The Bank of Scotland does not consider that you are entitled to the further £202.64 that you are claiming. Unless you can provide evidence (We sent our schedule to them on two occassions, asking for £2,090.39 reflecting the charges from the copy accounts that they provided us with) of this further loss the Bank of Scotland will file a defence in respect of your claim (I thought they said in their third paragraph that this will cost the bank money?)

Please note if an interest payment has been made, this constitutes 'taxable income' and any tax due on this should be dealt with between you and your local tax office.

Can someone please advise us what to do here. Please note that our return date is on 1 May (this Tuesday) and the hearing date on 8 May

Thanks in advance.

Thanks for the advice, I have actually stated the £740 and clearly stated the interest on £740 at 8% anually. Hopefully this should do the trick.

Hi,

The Sherriff Court has returned my forms today stating that I have completed "Block 4" incorrectly. I just spotted your advice on "Block 4".

Can someone please confirm if interest at 8% annually on £740 from 13/02/2001 to 05/02/2007 is £296? It seems a bit high to me.

Hi there,

Go and have a look at the Guidance Notes section under Scottish Procedures if you are in Scotland. It is very handy, although I've completed my forms to the word and the Sheriff Court has returned mine today with regard to "Box 4" So I'm seeking advice on my wife's threat MelanieGB vs BoS.

Keep checking back on our threat in case someone comes up with some advice.

Hi, I'm MelanieGB's husband and need some advice.

I've lodged my forms at the Sherrif Court on 30/01/07 and received it back today (if only the banks could respond this swiftly) stating the following...

"Box 4 of the summons has not been completed correctly. You must either calculate the interest sought and state it as a separate crave or claim 8% annually form the date of service."

I completed my forms as Scotia advised in the Guidance Notes for Scottish Procedures as follows:

"The Pursuer claims from the Defender the sum of £740 with interest at the rate of 8% annually from the date of service for each charge, court fee and expenses for bringing the action"

Can someone please advise what I have to do?

Thanks