Reclaiming in Scotland

Edinburghlass_2

In fact the Ombudsman won't take any bank charges cases on now and haven't since the test case was announced.

http://www.financial-ombudsman.org.uk/news/updates/bank-charges-26-07-07.html

Neither should claims be broken down into several £750 claims as this can be seen as abuse of the court process as previous posts. Although you could start a claim for year 2001/2 with a limit of £750 which will prevent those charges being time barred meantime.

Please check out the Govan Law Centre regarding apposing a Sist

http://www.govanlc.com/

and the merged thread here...

http://forums.moneysavingexpert.com/showthread.html?t=559454

However, first things first, you need to send off your first letter to the bank and follow Martin's step by step guide here...

http://www.moneysavingexpert.com/reclaim/bank-charges

caz6166

Hi there, I recently sent a request to the Bank of Scotland to be provided with a list of all my unfair charges for the last 5 years. I got the letter explaining about the test case. It states in the letter:

'The FSA requires us to ensure that any bank charge complaint will not be adversely affected by the delay in dealing with it. For customers for whom Scotland is the most likely jurisdiction, your right to refer your complaint to the Financial Ombudsman Scheme will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, if you nonetheless wish to continue your claim through the courts in Scotland, you may wish to seek advice on making a claim now to protect your rights in prescription although you will have to pay a fee.'

I've searched the board and have read lots of information but I'm still confused about what to do. From the above, and I may have interpreted this wrong, can I contact the FOS about my claim? I would prefer not to have to go through the courts at all but I'm getting confused by all the information I'm reading. Can someone please help me?

Thanks
Caz

manfromthepru

Hi

I have trawled through hundreds of posts on this site and CAG site regarding bank charges during the months of stalling Clydesdale Bank plc have done since my original request for statements.

I originally asked for 6 years worth of statements which have been sent, however it does say on Martin's guide that the 6 year limit is for England and Scotland had a 5 year limit. I have read hundreds of Scottish success stories (not Clydesdale) that have all paid up for 6 years. This leads me to believe that the 5 year limit in Scotland does not apply for one of the following reasons.

1. The banks did not mention the 5 year limit when sending the statements and have not bothered to oppose the extra year incase they end up in court on that issue and then get forced to clarify their charges.

2. Or does the 5 year statute of limitations not apply to how far back your claim can be for, and instead mean you have 5 years from when you became aware of the bank charge issue to make a claim against the bank.

Case 2 does seem plausible to me as the bank charge is as illegal 10 years ago as it was 4 years ago. As far as I am aware Penalty Charges have been illegal in civil law since the Dunlop Tyre Co case in 1915. Even if I am mistaken on that issue surely the The Unfair Terms in Consumer Contracts Regulations Act that the OFT case is based on should use the date in 1999 that the act was passed as the date from which claims can be made.

Can someone who knows for certain please clarify this as I have been unable to determine from the hundreds of post exactly how the 5 year Scottish limit applies .If I can go back 20 years then I would quadruple the claim I have as I suspect thousands of others could too ?

Thanks for any help regarding this as it is driving me nuts....the GMTV stress test would break if I took it now :mad:

stacey21_2

HI

I know theres something about a court cse going on with regards to the charges being 'stayed'. Is this just for England or can they be reclaimed in Scotland still?


Thanks

GerryS

stacey I have learned today from a banking employee that the test case going through the courts is not valid in Scotland. I have emailed Martin to estblish the fcts on this one

stacey21_2

Thanks! Alliance and Leicester have been taking the mick with me for being £4.00 overdrawn (due to their stupid 'account admin £5 fee) so now have around £150/£200 of charges - its easy to see how this can get out of hand!

kitkat33_2

Hi there i have to attend court in Scotland on Monday for Bank of Scotland who have applied for a stay. When i called the court i was just told to turn up they never mentioned the N225 form do i still have time to complete this and is it applicable in Scotland? I'm really really worried about going to court i just think i will develop severe memory loss and have no clue how to defend myself :eek:

scotlass99

Hi

I am claiming in Scotland and my case has been stayed. Be aware that although the outcome of the test case may not be legally binding in scotland, most courts are staying cases. I went to court and defended the stay but judge went ahead with it anyway!

Thanks!

stacey21_2

Hi

Thanks for your reply. What do you mean about going to court? Did you get your charges back? In all likelihood what it is the chance of getting charges back now.. or will it be (for my example) say, £25 minus (whatever they feel is fair) ?

Thanks

Edinburghlass_2

caz6166 wrote: »

Hi there, I recently sent a request to the Bank of Scotland to be provided with a list of all my unfair charges for the last 5 years. I got the letter explaining about the test case. It states in the letter:

'The FSA requires us to ensure that any bank charge complaint will not be adversely affected by the delay in dealing with it. For customers for whom Scotland is the most likely jurisdiction, your right to refer your complaint to the Financial Ombudsman Scheme will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, if you nonetheless wish to continue your claim through the courts in Scotland, you may wish to seek advice on making a claim now to protect your rights in prescription although you will have to pay a fee.'

I've searched the board and have read lots of information but I'm still confused about what to do. From the above, and I may have interpreted this wrong, can I contact the FOS about my claim? I would prefer not to have to go through the courts at all but I'm getting confused by all the information I'm reading. Can someone please help me?

Thanks
Caz

You can contact the FO but they won't take any new cases on now until after the test case. In order to protect your claim from being time barred you need to start court action I'm afraid.