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Note: In Scotland you can only claim back the last 5 years worth of charges rather than the six allowed within England.
1: Get your statements
Send a Subject Access Request under the Data Protection Act to receive all information held by them about you. To include a list of transactions. Bank Statements per se are not included, but most banks will send these out to you to comply with your request for a list of transactions. Legal Beagles
2: Add up your charges.
Add up all your charges from the past 5 years, in Scotland you can claim the courts Judicial Rate of 8% on your claim. This is calculated from the date of each charge and can be worked out using this spreadsheet Legal Beagles
This figure should not be included in your final value and is not taken into account for cause or costs thresholds.
3: Write and ask for a refund of those charges.
Send the Preliminary Letter with a copy of your list of charges. Legal Beagles
4:Send a Letter before Action
Send a final letter requesting the bank refund your charges. At this stage you should decide if you are going to take the claim through the Scottish Courts system, the English Courts system, or if you will complain through the Financial Ombudsman.
Legal Beagles
Option 1) Claiming through the Scottish Courts System
(Guidance notes for small claims from Scottish Courts Home Page)
A small claim can be used when the value of what you are claiming is below £3,000 and the case is not complex.
Summary Cause and Ordinary Cause are available tracks for higher amounts but you may require legal representation.
5: Take Action
Small Claims in the Sheriff Court
Small Claims Guidance Notes
Costs: ( court lodging dues )
claims up to £200= £15
Other actions = £65
A full list of charges and how to apply for exemption from court fees can be found here Court Fees
To raise a small claim two forms need to be completed, which you can get from your local court, 1A and 1B. 1B is the copy served on the Defender and both copies should be completed identically.
Attach a copy of your schedule of charges to each form.
COMPLETING THE FORMS
Form 1
It is divided into sections and is quite straightforward to complete
Form 1A should be completed exactly the same.
6. Take these forms to the Sheriff Courts with your fee and your schedule of charges.
7. The court will send the summons along with the schedule of charges to the Defender.
You will be sent back form 1A with the return date and the hearing date added on to the form by the court. This may take up to 2 weeks.
8. Contact your Court the date AFTER the RETURN DATE to ask if the bank has shown intent to defend your claim. If the bank files a defence, you will then have to take your form back to the court 2 days BEFORE the hearing date.
9. If the bank do defend, you will have to attend court on the Hearing Date. This hearing will be a PRELIMINARY HEARING. The Sheriff will decide if all reasonable steps have been taken before court to come to an agreement between Defender and Pursuer. If he is satisfied then an EVIDENTIAL hearing date will be set. This is the hearing for the presentation of evidence.
This is a very simple guide for the most straightforward claims that proceed without a hitch. Theres information on the site to deal with most eventualities and situations, but if you get stuck just make a post in the bank forums.
1: Get your statements
Send a Subject Access Request under the Data Protection Act to receive all information held by them about you. To include a list of transactions. Bank Statements per se are not included, but most banks will send these out to you to comply with your request for a list of transactions. Legal Beagles
2: Add up your charges.
Add up all your charges from the past 5 years, in Scotland you can claim the courts Judicial Rate of 8% on your claim. This is calculated from the date of each charge and can be worked out using this spreadsheet Legal Beagles
This figure should not be included in your final value and is not taken into account for cause or costs thresholds.
3: Write and ask for a refund of those charges.
Send the Preliminary Letter with a copy of your list of charges. Legal Beagles
4:Send a Letter before Action
Send a final letter requesting the bank refund your charges. At this stage you should decide if you are going to take the claim through the Scottish Courts system, the English Courts system, or if you will complain through the Financial Ombudsman.
Legal Beagles
Option 1) Claiming through the Scottish Courts System
(Guidance notes for small claims from Scottish Courts Home Page)
A small claim can be used when the value of what you are claiming is below £3,000 and the case is not complex.
Summary Cause and Ordinary Cause are available tracks for higher amounts but you may require legal representation.
5: Take Action
Small Claims in the Sheriff Court
Small Claims Guidance Notes
Costs: ( court lodging dues )
claims up to £200= £15
Other actions = £65
A full list of charges and how to apply for exemption from court fees can be found here Court Fees
To raise a small claim two forms need to be completed, which you can get from your local court, 1A and 1B. 1B is the copy served on the Defender and both copies should be completed identically.
Attach a copy of your schedule of charges to each form.
COMPLETING THE FORMS
Form 1
It is divided into sections and is quite straightforward to complete
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1: Enter name and address of your local sheriffs court
( read notes about Jurisdiction here)
2: Enter your name and address (you are the Pursuer)
3: Enter the name and address of the bank you are suing.
(read notes about Jurisdiction here)
(They are the Defender)
4: This is the value of your claim. Enter the following...
Quote:
Quote:
The Pursuer claims form the Defender the sum of £ XXX.XX (charges) with interest on that sum at the rate annually from the dat eof service for each charges, together with the expenses of bringing the action.
5: Enter - ''None'' - this is for solicitors/representatives names as your claim is in Small Claims this is not required.
5a: Enter - '' Not Applicable'' - this is only used for submitting documents electronically
6: Leave - this section will be completed by the Sheriff Officer
7: Enter your particulars of Claim as follows (amend to your own claim);
Quote:
The pursuer [your name], has held a bank account with the defendent since [DATE] the account no being ******. The defender deducted from the account various amounts of money in penalty charges during the period [DATE] to [DATE]. These were in respect of 'charges as notified' (levied if a cheque, direct debit or standing order payment was returned because the specific overdraft had been exceeded) The pursuer contends that these charges were legally unenforceable and the pursuer is demanding repayment of money. The defender has refused full payment of these monies due. No admissions are made by the pursuer as the the incorporation of any term into the contract between the pursuer and ther defender purporting to entitle the defender to levy penalty charges. If the defender is able to establish that the contract did contain these terms, the pursuer will will contend that these charges are unenforcable by law, being penalty charges designed to penalise the pursuer for breach of conduct and generate profit for the defendant for the actual loss occuring to the defender rather than being liquidated damages designed to compensate the defendant for the actual loss occouring to the defender as a result of the breach. The pursuer claims from the defender a sum eqivilant to the amount unlawfully debited from the pursuers account from [DATE] to [DATE]. The sums are in the attached schedule. The contractual provisions that permit the defender to levy such charges in unenforcable by virtue of the unfair contract terms in consumer contracts regulations(1999), the unfair contract terms act(1977) and the common law. The defender has a branch in [PLACE] therefore it is under the jurisdiction of this court. The Pursuer claims £XXX.XX as the sum unlawfully debited. The pursuer claims interest at the judicial rate of 8% annually from [DATE OF FILING CLAIM].
1: Enter name and address of your local sheriffs court
( read notes about Jurisdiction here)
2: Enter your name and address (you are the Pursuer)
3: Enter the name and address of the bank you are suing.
(read notes about Jurisdiction here)
(They are the Defender)
4: This is the value of your claim. Enter the following...
Quote:
Quote:
The Pursuer claims form the Defender the sum of £ XXX.XX (charges) with interest on that sum at the rate annually from the dat eof service for each charges, together with the expenses of bringing the action.
5: Enter - ''None'' - this is for solicitors/representatives names as your claim is in Small Claims this is not required.
5a: Enter - '' Not Applicable'' - this is only used for submitting documents electronically
6: Leave - this section will be completed by the Sheriff Officer
7: Enter your particulars of Claim as follows (amend to your own claim);
Quote:
The pursuer [your name], has held a bank account with the defendent since [DATE] the account no being ******. The defender deducted from the account various amounts of money in penalty charges during the period [DATE] to [DATE]. These were in respect of 'charges as notified' (levied if a cheque, direct debit or standing order payment was returned because the specific overdraft had been exceeded) The pursuer contends that these charges were legally unenforceable and the pursuer is demanding repayment of money. The defender has refused full payment of these monies due. No admissions are made by the pursuer as the the incorporation of any term into the contract between the pursuer and ther defender purporting to entitle the defender to levy penalty charges. If the defender is able to establish that the contract did contain these terms, the pursuer will will contend that these charges are unenforcable by law, being penalty charges designed to penalise the pursuer for breach of conduct and generate profit for the defendant for the actual loss occuring to the defender rather than being liquidated damages designed to compensate the defendant for the actual loss occouring to the defender as a result of the breach. The pursuer claims from the defender a sum eqivilant to the amount unlawfully debited from the pursuers account from [DATE] to [DATE]. The sums are in the attached schedule. The contractual provisions that permit the defender to levy such charges in unenforcable by virtue of the unfair contract terms in consumer contracts regulations(1999), the unfair contract terms act(1977) and the common law. The defender has a branch in [PLACE] therefore it is under the jurisdiction of this court. The Pursuer claims £XXX.XX as the sum unlawfully debited. The pursuer claims interest at the judicial rate of 8% annually from [DATE OF FILING CLAIM].
6. Take these forms to the Sheriff Courts with your fee and your schedule of charges.
7. The court will send the summons along with the schedule of charges to the Defender.
You will be sent back form 1A with the return date and the hearing date added on to the form by the court. This may take up to 2 weeks.
8. Contact your Court the date AFTER the RETURN DATE to ask if the bank has shown intent to defend your claim. If the bank files a defence, you will then have to take your form back to the court 2 days BEFORE the hearing date.
9. If the bank do defend, you will have to attend court on the Hearing Date. This hearing will be a PRELIMINARY HEARING. The Sheriff will decide if all reasonable steps have been taken before court to come to an agreement between Defender and Pursuer. If he is satisfied then an EVIDENTIAL hearing date will be set. This is the hearing for the presentation of evidence.
This is a very simple guide for the most straightforward claims that proceed without a hitch. Theres information on the site to deal with most eventualities and situations, but if you get stuck just make a post in the bank forums.
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