Summary Cause?

[Debt Girl]

I know the general advice is to sever your claim and go through the small claims court but having a total that is way over the £750 allowed to claim back (not including interest on penalties) I was wondering if anyone has infact decided to take action through a Summary Cause?

[o0oliambeeo0o]

Hi Debtgirl, I have decided to go down route of "summary cause", obviously there is the risk of higher court fees but this only applies if you LOSE, and from reading threads the chances of this are slim, but again it is a personal choice and you should decide the best course of action for you, have a look at my thread and you may find some useful info o0oLiamBeeo0o V LTSB Scotland PLC - o0oLiamBeeo0o WINS!!!!!, also have you read through the Court website for procedures on summary cause etc.

[Debt Girl]

Thanks so much for the info! So do you think you are the first to use a Summary Cause? Also, have you taken any legal advice at all on this course of action?

[o0oliambeeo0o]

Hi, To be honest im not sure if I am the first to action this, I have trawled this site and havent found anyone who has/is going through the process, I haven't seeked legal advice to date, again this site is such a huge wealth of info I spent a full weekend reading up on stuff, should it get as far as court I will maybe speak to CAB, to be honest im hoping it doesnt go that far, but I think im pretty ready to file my papers.

Heres hoping.

[happymummy]

I'm filing a summary cause against the halifax, got the paperwork here to fill in and all I need to do now is calculate the interest. You can also fill the forms in online and print them off. As far as I know it doesnt cost any extra to do it this way than to go through small claims, I read it somewhere but cant remember where but I think the fee is the same.

I'm putting mine in on tuesday as thats 14 days from my LBA, I received a letter today offering £390, but I'm claiming for £993 + interest.

Its very nerve wracking isnt it :o

[o0oliambeeo0o]

Hi, I went to sheriff court today and spoke with the civil actions dept, it does cost the same to start the action £39, what you do need to do is get the summons delivered by a sheriffs officer or lawyer (either by post or in person), I went to a lawyers and sheriffs officers office and they both said they would charge £30 for this service, also as with £39 fee you can claim the other £30 for summons to be delivered as expenses if/when it goes to court.

The woman I spoke to at the court was very helpful and informative. She thought my Statement of claim was prety good, so heres hoping.

[nearlyoldwoman]

thanks heavens! someone else who's going down the summary cause route, me and partner been trying to sort this out and gave my local sheriff court my summary cause and £39.00 today! i came to look on this site then noticed everyone else is splitting theirs! i never realised there was more of a risk:o too late now anyway. i really cant see that there will be any difference, has a bank been to court yet? i dont think so. anyway i do know i'm the first one to do this in my town, so i'll be back on this thread to keep you all posted. i have to now wait for court to send me the docs (they said they will put dates on) then i have to find a solicitor to serve the summons. (as in shetland there are no sheriff officers here will have to be solicitor) good luck everyone.

[alexcraw]

I have over £4k to claim back and thats just the one account. There's another one with similar charges, So I'd be interested in finding out much more about claiming this amount. Am I correct in saying that the Summary Cause route only lets you go up to £1500?

[zenith69uk]

I'm in the same boat as you alexcraw, from 1 account in the last 20 months i'm at £1500. So will be interested if anyone can advise can summary causes be served concurrently or is there there anything with a higher limit. Of course if not I would presume the solution is sequential summary causes?

btw Summary cause is for £750 - £1500.

[JMio]

Summary Clauses are not something I've used, as I'm not an expert on law (let alone Scottish law!), but if you're at all concerned about the risk of losing, then take your claim through the Small Claims track.

Yes, you have to chop your claim down into chunks of <£750, but IF you lose, then you're not liable for any of the bank's costs - and as a result, they're probably even less likely to try & defend...

Just my 2p worth!

[DavidATaylor]

Is there anyone out there who can produce a written proof of whether you can chop a large claim into several chunks using the Scottish Small Claims procedure? The format should be similar to the example statements of claim and Mike Daily's statement on Jurisdiction.

That would settle this issue once and for all letting us get on with suing the b***s.

[yay]

Am thinking of going for my full amount (approx £3K) in an English court rather than chopping it all up in to £750. Would be easier to do it in Scotland though!

Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK

[elmarsh]

Thanks for the advice Jmio. I'm sending a letter to my Scottish bank today requesting repayment of just over £2k and it sounds like the best way to proceed is to then split my claims into 3 chunks. Fingers crossed....

[msneddon]

I recently read that the amout you can claim in small claims court is changing in 2007 to £5,000 to come in line with England. Hopefully the banks will not be on top of the game by then