scottish procedure

[claimitall]

I posted this already in the LTSB section but probably should be here also

I Today received a "you have received our final response and we will not enter into any further correspondence with you etc etc, so i guess its off to court we go.

questions though:

As i am in scotland how do i split the total claim into £750 bits for small claims court, ie by date, or some other means.

or can i claim through an english court and see how that goes

Any advice grateful

Cheers

[claimitall]

sorry should have said (its already on the LTSB site) claim is for £1950 +

[JMio]

As long as you've followed the steps of Prelim Letter, followed by LBA then yes you're next step is Court.

In Scotland, as you're aware, the Small Claims limit is £750, so what to do is break your total down (by Date is easiest) and claim the older ones first.

Submit this and get the claim settled, then go back as many times as required to get your full amount.

[claimitall]

Cheers Jmio

Thanks for the help

[jamesk]

does anyone know about the 5 years claiming limit in scotland and is it easy to claim through english law.??

i'm at the stage of filling in my court forms...

[buzby]

I've hear of some problems with 'splitting' - whilst it is advantageous for Pursuers, the Defenders are fly and stating that if it calls in court, this will preclude any further action against the bank. They could claim your being vexatious and trying to get round the £750 limit for a SCA, and I can see a Sheriff agreeing on principle....

[donnie mac]

Originally Posted by claimitall

sorry should have said (its already on the LTSB site) claim is f

r £1950 +

instead of going to the small claims court,go to the summary cause court, where you can claim up to £1.500.plus court costs back I did this on MONDAY 2/10/06,THE FEE IS STILL THE SAME £39
GOOD LUCK
DONNIE_MAC

[buzby]

Yup - Summary Cause would be the wat to go - it's no more complex and you benefit from the higher limit too. There's also that warm glow you get knowing you're slugging it out in the almost-big league, than the paltry SC! Good Luck!

[crocodiles]

I want to claim £4600.
I have split them into 3 claims for under £1500 to go to summarry claims court and one of £185 to go to small claims.
Can I submit these claims simultaneously or do I have to wait until the first one is closed before moving on to the next?

Any help or advice will be greatly appreciated

[buzby]

Your risk is that with a total claim of £4,600 the proper route is not via Small Claims or Summary Cause, but by Ordinary Action and this process is best done by s solicitor as claims in excess of £1,500 are handled this way. Any other way runs the risk of having the action amended, struck out, treated as the only action you can take against the Defender in this way.

[Mark6192]

HEY guys all new to this want to claim back from the abbey and live in scotland what is the best way to start and get this thing going I need a helping hand getting all confused can any one help please
Mark

[candyfloss]

Originally Posted by Mark6192

HEY guys all new to this want to claim back from the abbey and live in scotland what is the best way to start and get this thing going I need a helping hand getting all confused can any one help please
Mark

Hi Mark,

The first thing I would suggest is to have a read through the FAQ's, all the information you need is in there, I know it seems a bit long-winded and time-consuming but believe me its well worth the read in the long run. Also have a read through the threads on the Abbey forum,these will give you an idea of how to go about getting your money back......click on the search tab at the top of the page and type in "Abbey".

Hope this helps.

[Aaronsdad]

Hi All,
I am a week away from LBA and thought I'd get ahead of myself by looking at the MCOL website. Gobsmacked to see that I need an address in England or Wales to use it.
Now my branch is in England because I lived there until two years ago.
I however, despite going back and forth to England all the time, now have a permanent address in Scotland.
So the question arises, as it has above, can I claim through the English system?
I can use a friends address in England if need be, will this be frowned on if found out? ie the banks get funny about my address and the one I'll use.
As my claim is for circa £3500 it seems the English system would be beneficial.
Here's another thought, can I get a friend to do it for me, acting like a solicitor does - on my behalf?
I'm confused and would appreciate any ideas.
A D

[buzby]

Doing thing by remote control can be fraught - expecially if there are complications on the day. As a Pursurer, you've got most of the running to do, and have it fail because of an oversight of clever move by the Defender (or their legal agent, if it is to be defended) can leave yo disadvantaged, and unable to raise the issue again if the result doies;nt go your way. An Ordinary Action in Scotland will allow you to pursue of the amounts required, and would fight shy of attempting to 'split' a Scottish Small Claims action, as this can easily be short-circuited by the Defender.

[Aaronsdad]

Thank you. I take on board your comments. I have the facility to go and live in England for a week, fortnight, month or whatever. So, I could actually be there. Would it disadvantage me in the beginning if the bank realised that the address the summons/paperwork came from was not the billing address of the account? Being at court is not an issue but a day I would relish.
Thanks
A D

[buzby]

You give them too much intelligence, they'll see only that it is another action and one that has to be defended (or not) at the court stated. How you personally deal with them wouldn't raise an eyerbrow until it became a defended action and a real solicitor started reviewing the paperwork for ways to thward you....! If you've easy access to an English court to raise the action then raise it there. My concern was only that if you depended on others to do the leg-work, it can often end in tears.....

"They case didn't call in Court 2 at 3 o'clock" - "That's because it was in Court 3 at 2 o'clock....."

[Mairi]

Had 3 small claims settled with no hint of a defence about multiple claims. According to the clerk in my local court, its the banks wasting court time and NOT the "pursuer".
Ordinary action is also not an option. This will result in lawyers and costs if things go bad.

[buzby]

As I noted in a different thread all 3 SC actions were struck out by the Sheriff when the defending Solicitor helpfully pointed out that taken together, the three actions were over the limit and a different track was required. The pursuer lost all his court fees and was asked to re-file.