Help with Form 1A!

[MASH3311]

Hi there

Wondering if you could please help me...

After referring to the step by step guide to reclaiming I am now at the stage of raising a claim through my local Sheriff court in Glasgow. I have downloaded Form 1A and have started to complete but I'd just like some clarification as follows:


Under section 3, Defender's details – I have entered the name and address of my local branch of Bank of Scotland in Glasgow, is this correct or should it be Bank of Scotland's head office in Edinburgh?


Section 4, Claim, the guide advises to enter as follows 'The Pursuer claims from the Defender the sum of £ XXX.XX (charges) with interest on that sum at the rate annually from the date of service for each charges, together with the expenses of bringing the action.'
not sure which sum I enter here is it the total charges plus the interest calculated using the first interest rate on the spreadsheet? Also re: the first interest rate to enter into the spreadsheet – I don't want the court to think I am greedy...what would be a reasonable rate to enter or would it be wiser not to claim any interest at all, I am worried that I wouldn't be able to explain exactly why I have asked for a particular rate?! I presume I don't include the judicial rate of 8% at all here, does the court calculate this?


Section 7, Particulars of claim, the dates of the charges - should the first date be calculated as 5 years from when I sent the first letter to the bank or 5 years from the date I completed Form 1A?


Thanks so much in advance
Michelle

[maroondevo52]

Originally Posted by MASH3311

Under section 3, Defender's details – I have entered the name and address of my local branch of Bank of Scotland in Glasgow, is this correct or should it be Bank of Scotland's head office in Edinburgh?

Think it's correct, with my claims, I put my local branch's details in. Don't think it matters much.

Section 4, Claim, the guide advises to enter as follows 'The Pursuer claims from the Defender the sum of £ XXX.XX (charges) with interest on that sum at the rate annually from the date of service for each charges, together with the expenses of bringing the action.'

not sure which sum I enter here is it the total charges plus the interest calculated using the first interest rate on the spreadsheet?

I put...

1.The defender claims from thr persuer the sum of £x,xxx.xx.

2.£xxx.xx. Interest from date of first charge to date of last charge

3. Plus the expenses of bringing the action.

The interest is the 8% Judicial Rate.

Section 7, Particulars of claim, the dates of the charges - should the first date be calculated as 5 years from when I sent the first letter to the bank or 5 years from the date I completed Form 1A?

The date from when you first contacted the bank detailing the charges.

Michelle

Regards.

Scott.

[MASH3311]

Thanks for your quick reply Scott

The interest rate thing had me confused as the spreadsheet I downloaded from the step by step guide says The first interest rate is for interest on unlawfully deducted items up to the date of service. You can use almost any rate you see fit, or are brave enough to claim, i.e. 2% above base rate, 8%, contractual rate, etc. Obviously you may have to justify the rate you use in court.

So does this mean I use 8% here (or any other rate I see fit) and then there will be another 8% calculated on the total by the court - as the spreadsheet goes on to say The second interest rate is for interest on the total claimed at the date of service. You must use the judicial interest rate which currently is 8%.

Then there is a row at the bottom the spreadsheet which says JUDICIAL INTEREST AT CURRENT RATE OF 8% and the figure in this column is £0.00.

Sorry to be a pain but I am scared of looking like an idiot in the courtroom!

thanks in advance
Michelle

[maroondevo52]

Hi, Michelle.

I only used the 8%. In colum F. It's calculated for you as you fill in the Date Incurred in colum D.
The line along the bottom with the Judicial Interest Rate, I left at £0.00.

The total interest I claimed was the 8%. They paid it with both my compleated claims.

Regards.

Scott.

[gemspan]

Hi there

I've just started an action at Edinburgh Sheriff Court for my business account and a personal account for my mum and dad.

Firstly, I'd just like to say that the forms you download - make sure you download the forms 1B. You only need to download that form because the first one is the formal copy and form 1B is the form that you use when serving on the defender (the court does this!). I got confused because I downloaded forms 1A and forms 1B. You dont need to download the 2 sets - only form 1B.

Secondly, I sent my form off to the Sheriff Court and got it back. They advised me to use the following as claiming for interest must be set out in a particular way:

"Interest as a secondary crave (first to last) and continuing until payment

1. The pursuer claims from the defender the sum of £x (insert here total amount of the charges you are claiming!)
2. £x interest claimed from (start date of your claim) to (end day of your claim) at 8% annually.
3. Plus interest at 8% annually from (date you complete the forms) until payment.

Insert the above text into Boxes 4 and 7. The above text only should go in box 4. In box 7, I set out the particulars of claim ie the law surrounding the claim etc., and then I added the text from Box 4 at the bottom of the claim.

This has been accepted and is now in the process of going through the courts.

I hope this helps you!

Kind regards
Gemspan

[maroondevo52]

Thanks for that Gemspan, good to see you again.


Regards.

Scott.

[gemspan]

Hi Scott

How did you get on with your case against BOS. Has it gone to court yet? Im only now getting on to dealing with the default removal process. I have MBNA, BOS x 3, HSBC x 2, and I think A&L and LTSB will have adverse info on me which all relates to charges. I just wondered how you got on.

Kind regards
Annie

[maroondevo52]

Hi, Annie.

Have a peep.....

http://www.consumeractiongroup.co.uk...-business.html

Regards.

Scott.

[MASH3311]

Thanks so much for the replies, they really are invaluable.

I will complete as you described Gemspan and post again when I hear from the court (maybe sooner if I get bamboozled again!). It will be interesting to find out whether the Glasgow sherrif court will allow the case to proceed, so I will keep you informed.

Best regards
Michelle