Cooperative Bank claim in Scotland

[Chuckles]

Hello All

In Scotland the small claims procedure is such that any claim for over £200 may be exposed to awards for costs. In other words if I make a claim for over £200 and lose in court I might have to pay up to £75 to the Co op for their troubles.

My inclination is to initially ask for a refund of just under £200 (my claim is a maximum of about £250) on the basis that they may settle before court if there is no prospect of recovering their costs.

Does this logic seem sound? Does anyone have a sense of how much the Co op is prepared to write off to avoid a fight?

Great forum. Salutations to all involved!
Chuckles

[broomfield2004]

Originally Posted by Chuckles

Hello All

In Scotland the small claims procedure is such that any claim for over £200 may be exposed to awards for costs. In other words if I make a claim for over £200 and lose in court I might have to pay up to £75 to the Co op for their troubles.

My inclination is to initially ask for a refund of just under £200 (my claim is a maximum of about £250) on the basis that they may settle before court if there is no prospect of recovering their costs.

Does this logic seem sound? Does anyone have a sense of how much the Co op is prepared to write off to avoid a fight?

Great forum. Salutations to all involved!
Chuckles

Hi mate,

I would be interested to hear how you get on in this. I have sent off a Data Protection Act letter as I reckon I have paid about £400 - £500 in charges (almost all a few years back when I was a student) that I will be looking to get refunded. (I'm also in Scotland).

Cheers.

[BankFodder]

Originally Posted by Chuckles

Hello All

In Scotland the small claims procedure is such that any claim for over £200 may be exposed to awards for costs. In other words if I make a claim for over £200 and lose in court I might have to pay up to £75 to the Co op for their troubles.

My inclination is to initially ask for a refund of just under £200 (my claim is a maximum of about £250) on the basis that they may settle before court if there is no prospect of recovering their costs.

Does this logic seem sound? Does anyone have a sense of how much the Co op is prepared to write off to avoid a fight?

Great forum. Salutations to all involved!
Chuckles

I am sure that the limit is £750. Where do you get £200 from ?

[Robertxc]

The limit is definitly £750. There are only a couple of exceptional circumstances under which either party is ever likely to be awarded costs in a Small Claims action. These can include situations where the case is considered to be 'frivolous', - try claiming £750 because "he looked at me funny", or because the case had been brought in bad faith - try raising an action with no intention of completing it.

The only other sure fire way I know of to have costs awarded against you is to abandon your case half way through, in which case the other side will be awarded their costs automatically.