Scott, I was not aware that the limits of the small claims and summary cause were going up in Jan. That is good news and dcefinately something to look into. Thank you for your help. Haley

Hello all, this is a long one, I hope it makes sense!! I am currently in the process if claiming against BOS for unfair bank charges amounting to £4474 over the past 5 years. I have sent my Prelim and LBA, and received answers to both from the bank stating that they have put my complaint on hold die to the OFT Tast case. They also said that if I put in a claim to the court, they will apply to have any action stayed. They did say that I can also complain to the FOS, although they have also said they are not dealing with any complaints until the conclusion of the Test case. The advice in the Forum with reference to the test case states that you should proceed as normal and to your personal time lines, especially as the Statue of Limitations may mean that the longer the test case goes on, I am more likely to lose some of my older charges. As the majotiry of my claim is for these older charges, this would seriously affect my claim. My problem now is whether to claim in the courts or complain to the FOS. If I am to proceed to the court, due to the amount of money I wish to claim back, I would have to pirse an Ordinary Cause, thereby getting solicitor, or split my claims into 3 claims of £1500 and go for Summary Cause. However, it would seem from other threads that some Courts in Scotland are refusing more than one Summary Cause as knowing that I have this amount to claim an Ordinary Cause to be pursued. I am loathe to go for Ordinary Cause, due to the amount of money it would cost if I lost meaning I had to pay the Defenedants court costs, but in the same way, do't want to lose out if I have a 2nd Summary Cause declined. My other option is then to complain throught the FOS and try and get my money back that way, however, if the FOS are not investigating any complaints until the completion of the test case, this would then mean my claim waiting for what could be over one year, meaning that if eventually I did have to put in a court claim, I would have lost out on over a year of my claim. Can anyone advise me on a way to proceed? Any help would be gratefully received.

Thanks for your advice Tez, will get it in the post tomorrow!! Wonder if we will receive the same letter again?!

I have prepared my LBA as per the template in the Bank Templates Library. As the first paragraph is for not receiving any response to the Prelim letter, I have ammended this to state that i acknowledge their letter to me. I have not mentioned any more in relation to this letter, and kept the rest as per the template. Should this suffice, or do i need to acknowledge and comment on the letter they sent to me, which states that they have been allowed by the OFT to extend the time frame for dealing with complaints until the OFT test case is complete? I hope this makes sense!!!!

Thank you for your replies. It is a bank account, mainly for overdraft and unpaid DD's and SO's.

I have been reading with interest the new letters being received by the banks about waiting until the resolution of the test case with OFT. I sent my my Prelim letter to BoS on 27 Jul asking for repayment of my unlawful charges, amounting to over £4000. I have since recieved a letter back similar in all respects to those posted stating that they will not pursue my complaint at all until resolution of the OFT test case. They have made no goodwill gesture. The advice given in the other links indicates that I should proceed with my complaint as per my original timeline. Therefore, should I send an LBA and if so, would anyone have any advice as to the wording of this letter, as the template is more for when the bank does not respond? Any advice would be greatly appreciated.

I have been reading with interest the new letters being received by the banks about waiting until the resolution of the test case with OFT. I sent my my Prelim letter to BoS on 27 Jul asking for repayment of charges. I have since recieved a letter back similar in all respects to those posted stating that they will not pursue my complaint at all until resolution of the test case. They have made no goodwill gesture. The advice given in the other links indicates that I should proceed with my complaint as per my original timeline. Therefore, should I send an LBA and if so, would anyone have any advice as to the wording of this letter, as the template is more for when the bank does not respond? Any advice would be greatly appreciated.

Will do!! It all adds up.... Thanks for your help

I am completing my spreadsheet outlining the charges, but would anyone be able to help me: In 2003/2003 when Bank of Scotland was on it's own, I got charged an account maintenance charge every month which started at £15 , going up to £28. Are these maintenence charges unfair and should they be listed on my schedule. Would be grateful for any help.

Thank you vey much!!

Thanks Sea side lady. I am just completing my DPA Letter now. Can I enclose the £10 cash, or do I have to enclose a cheque, and who do I make it payable to? Also, do I address the letter to my branch? Apologies if this seems silly, just don't want to get it wrong from the start!!

Hello all, This is my first time on the site since registering, I am about to send my letter requesting my statements from the Bank of Scotland. The advice in these threads is so helpful and definately makes the process seem less daunting with all the success stories!! Good luck to you all, fingers crossed!!!

Hello all, This is my first time on the site since registering. I am about to ask for my statements from the Bank of Scotland. Great to see so much help and advice on the site, it definately makes it seem less daunting with so many success stories. Keeping my fingers crossed!! Good luck to you all.