unfair UK bank charges
Pro forma statement of claim updated to incorporate OFT guidance on 26 July 2005.
Sheriff Principal rejects bank's defence of res judicata (which sought to stop customers in Scotland pursuing subsequent £750 small claims for bank charges) (18 July 2007)

Scottish Statutory Instrument 2002 No. 133

Act of Sederunt (Small Claim Rules) 2002

CHAPTER 8
Undefended claim

8.1
(1) Where the defender has not lodged a form of response on or before the return day, the claim shall not require to call in court.

(2) Where paragraph (1) applies, the pursuer must lodge a minute in Form 11 before the sheriff clerk's office closes for business on the second day before the date set for the hearing.

(3) Where the pursuer has lodged a minute in accordance with paragraph (2), the sheriff may grant decree or other competent order sought in terms of that minute.

(4) Where the pursuer has not lodged a minute in accordance with paragraph (2), the sheriff must dismiss the claim.

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