Help! BOS have submitted a Defence

[Flavio]

Hello!

 

On 12th January I was awarded a decree against the BOS because they failed to submit a defence. The BOS subsequently recalled the decree on 16th February and the judge gave them 3 weeks to submit a defence and set a date for a full hearing on 16th March. I received a copy of the BOS's defence this morning.

 

I'm now really worried about going to court. There was no direction from the judge to produce any documents prior to the hearing on 16th March.

 

Here's a transcipt of the BOS's defence:

 

Admitted that the pursuer, (me), has held a bank account with the defenders since on or before 1 January 2000, the account number being xxxxxxxxx. Admitted that the defenders deducted from the account various amounts of money in charges during the period 31 March 2000 to 31 August 2006. Admitted that the pursuer contends that these charges were legally unenforceable and the pursuer is demanding the repayment of the money. Admitted that the defender has refused full payment of money. Admitted that the defender has refused full payment of these monies under explanation that they are not due and payable to the defender. Admitted that the pursuer claims from the defenders a sum equivalent to the amount debited to the pursuer's account in the period from 31 March 2000 to 31 August 2006 under explanation that the sums debited were not deducted unlawfully. Admitted that the sums are detailed in the Schedule attached to the Statement of Claim. Admitted that the defenders have a branch in xxxxxxx and are therefore under the jurisdication of this court. Quoad ultra denied. Explained and averred that the charges imposed by the defenders were imposed in accordance with the terms and conditions governing the account held by the pursuer. Inter alia, the terms and conditions state that charges can be applied '' (a) each calendar month when a debit balance on the current account exceeds any authorised overdraft limit, (b) for refusing to honour payment instructions issued by the (account holder) where there are insufficient funds available for withdrawal from the current account (after taking into considerstion any authorised overdraft limit) and © for honouring payment instructions issued by the (account holder) where the overdraft has already been exceeded, or is exceeded as a result of honouring the payment instruction.'' On each occasion that charges were imposed by the defenders, the above conditions were fulfilled. The charges imposed by the defenders are fair and reasonable and are recoverable by them under the contract between the parties as hereinbefore condescended upon. Esto the charges are not fair and reasonable, and esto the charges are not recoverable by them as part of the contract between the parties, which is denied, the charges imposed by the defenders between the period from 31 March 2000 to 31 October 2001 as detailed in the Schedule attached to the Statement of Claim, were imposed more than 5 years prior to the commencement of this action. The pursuer's entitlement to recover these charges has prescribed. Reference is made to the terms of Section 6 of the Prescription ans Limitation (Scotland) Act 1973.

 

It's all Latin to me.....should I get a Lawyer?

 

Any advice would be really appreciated!

 

Many Thanks!