Quick question about completing forms 1a and B

[tbathgate]

hey All,

i am in the middle of filling out forms 1a AND 1b and scotia's post is really helpful with this.

i just want to know about section 4. Claim(form of decree or other order sought)

For this scotia says to enter a long the lines of:
The pursuer calims from the defender the sum of £xxx.xx with interest on that sum at the rate of 8% annually.

For the sum do you enter the figure without interest ie in my case £182.79 or the figure with interest, £189.49?

Silly question probably but just want to double check

Thanks

Tom

[rossirvine]

Hi there i work in this area and it is the amount you are claiming plus the interest of 8%

[tbathgate]

Thanks for that, its much appreciated.

I know it was probably a silly question its just the way it says this amount plus interest at 8% annually.

never mind!!!

Thanks again

Tom

[marko2002]

Hi guys, I guess this could be another homer moment for me (doe or doh!) but could I just make sure I've got this right as I intend to file my first claim today.

My understanding of this thread is that if I were claiming £511 in bank charges and then interest at 8% amounting to £214.14, I would make my claim for £724.14 and still enter the line "with interest on that sum at the rate of 8% annually" - or would I simply enter £511 with interest on that sum at the rate of 8% annually????

Sorry again if this is obvious but it's definately one of those "must clarify" things!.

Cheers
Marko

[rossirvine]

Alright in the part 4 of the small claims form you input:

"The pursuer claims from the defender the sum of £749.00 with interest on that sum at a rate of 8% annually from the date of service together with the expenses of bringing this action"

[EdinburghKev]

I filed my claim today in Edinburgh. My total was minus the 8% interest and charges.

When the Halifax contact me to settle I will then add the interest and charges to file the claim. I'll use the interest calculator to work it out from the date the charges were taken from my account.

[marko2002]

Originally Posted by EdinburghKev

I filed my claim today in Edinburgh. My total was minus the 8% interest and charges.

When the Halifax contact me to settle I will then add the interest and charges to file the claim. I'll use the interest calculator to work it out from the date the charges were taken from my account.

That's the fella!!! Confirmed it today myself when I went to the Sheriff Court to start my action against the Halifax. It is definately the sum WITHOUT the interest charges you claim, and the interest is dealt with once the claim is either settled or goes to court!.

Thanks for the response.
Marko

[ScotsJamie]

You only need to fill out form 1b

Form 1a is for a claim against an individual, whereas
Form 1b is for a claim against a company

I found this out at court today. Hope it helps cut down your paperwork!

[alikat]

Ok just to get it right I just send one form and thats form 1b ????

[fruitycar]

Originally Posted by alikat

Ok just to get it right I just send one form and thats form 1b ????

No, you need to fill a form 1 and a form 1b, and attach to each a schedule of charges. Form 1 is returned to you with a hearing and a return date, and form 1b is served on the defendant (bank).

[alikat]

Thanks very much xx

[rozramsay]

Quick question,

In the schedual of charges that I attach to the forms, Do i use the spread sheet provided to calculate the 8% interest, or do I just list the charges that were incurred (excess O/D etc) and also the interest charges that were incurred on my account? and leave out the 8%?

[Robertxc]

Use the spreadsheet to show the amoumt plus interest. So, if the original charge was £30, the interest on that charge might be £7. The amount you will be claming for will then be £37. The reason for this is that while they've had your £30 you've been deprived of the interest on it - the £7 - which you are entitled to claim back.

[rozramsay]

So I should be including the interest that BoS charged me on the spread sheet and calculate the 8% on that too?

Sorry I could be having a very blonde moment here.......

[scotia]

i actually got told by the court to leave the interest off schedule of charges......they told me to show description of charge, amount and date taken.....

[marksteps]

Bummer - i never got any interest on my Bank Of Scotland/Halifax claim of £734. That was paid last month after i got a court date. They paid before it was heard tho...Too late to even ask for it, oh well.

lol

[rozramsay]

Thank you very much for your info! Much appreciated!