Unfair Bank Charges etc - Bank of Scotland Court Case

[Doglover2000]

Hi
I am in the process of taking the BOS to court for unfair bank charges. Here's my particulars of claim and their defence. Does anyone have any comments. :doggieyes:
Thanks

[orfoster]

Re: Unfair Bank Charges etc - Bank of Scotland Court Case

Although they seem to argue otherwise, your case looks identical to my circumstances.

Your next steps will be to gather all of the evidence together and put it all in a bundle with witness statements etc. Once the bundle is all together let us know...there may be some interesting points in your case to look at.

[Doglover2000]

Re: Unfair Bank Charges etc - Bank of Scotland Court Case

Thanks do you think my case looks good

[EXC]

Re: Unfair Bank Charges etc - Bank of Scotland Court Case

I take it you haven't got a court date yet?

There's a couple of interesting points in the defence.

Para 7 they argue that as the account was opened prior to 1994 regs, they don't apply.

Para 16 they are saying that the burden of proof that the term is unfair lays with you.

It might be an idea to ask orfoster if you could see his skeleton argument (there were in fact two) with a view to getting some pointers to file your own.

[sloane82]

Re: Unfair Bank Charges etc - Bank of Scotland Court Case

Have you contacted the Financial Ombudsman Service Regarding the Overdraft charges?.