Anyone Who Can help with Scottish Law!!!

[nicola]

Just to give you some infor my bank charges are over £4k I started a smail claims summons, for £749 and the bank offered to settle I put in my letter for the bank I would accept this but would be going for the rest, I have been intouch with one of the mods. and he sugested I post another thread looking for help, this is the letter I recived fromt he bank:

I confirm that the bank has credited the sum of £769.00 to your account to settle your claim as per my previous letter dated 3rd July, 2006. If you have not already done so, I trust you will advise the court that the action should be dismissed.

With regard to your recent undated letter, you state that you intend to raise further action(s) for further charges which have been deducted from your account over the last few years. The Bank reached a settlement with you on the understanding that this was your full claim. If it is your intention now to raise numerous small claims actions rather than make one claim as an Ordinary action, the Bank consider this ia an aduse of the court process and future actions will be defended.

I would encorage you to seek independent legal advice if you have any doubts as to the content of this letter.

Yours Sincerely

Judith Carrie
Solicitor.

Any idea how I should proceed considering I wrote in my letter that I would accept the £769.00 but was going fro the full amount.

Thanks

[mckay]

Sorry, I cant help but just thought I'd give it a little bump cos i'm interested in the reply!

Good Luck

[muirton]

Hi Nicola

Not particularly law qualified person, but reading the letter, they seem to be saying that they are huffing that the claim they settled was not for full settlement, and now they will defend any further claims. The way I see it, you got a free ride on the first claim, and now you are claiming the rest of your charges the same as everyone else. If they choose to defend this time, as opposed to settling, then so be it.

As for the abuse of court time, it sounds as if she is just looking to make you feel as if you cannot go through the small claims court.

I would say this letter is just an attempt to make you feel that you will be beaten in court if you try to claim any more - well so far that hasn't happened to anyone I've read about on the forum so why not give it a try! -

Hope this helps, but as I say I am not qualified, just had a lot of these type of letters.

[nicola]

Thanks I appreciate any advice.

[Bookworm]

Nicola, I have moved your thread to the Scotland forum (and merged your 4 threads), I hope it will get more attention from the right people there.

[cats]

Originally Posted by woolfie

Seems to be accurate but general concensus is to go for 6 years regardless!!


cheers

andy

I have gone for six years worth!

[goforit]

Originally Posted by nicola

Just to give you some infor my bank charges are over £4k I started a smail claims summons, for £749 and the bank offered to settle I put in my letter for the bank I would accept this but would be going for the rest, I have been intouch with one of the mods. and he sugested I post another thread looking for help, this is the letter I recived fromt he bank:

I confirm that the bank has credited the sum of £769.00 to your account to settle your claim as per my previous letter dated 3rd July, 2006. If you have not already done so, I trust you will advise the court that the action should be dismissed.

With regard to your recent undated letter, you state that you intend to raise further action(s) for further charges which have been deducted from your account over the last few years. The Bank reached a settlement with you on the understanding that this was your full claim. If it is your intention now to raise numerous small claims actions rather than make one claim as an Ordinary action, the Bank consider this ia an aduse of the court process and future actions will be defended.

I would encorage you to seek independent legal advice if you have any doubts as to the content of this letter.

Yours Sincerely

Judith Carrie
Solicitor.

Any idea how I should proceed considering I wrote in my letter that I would accept the £769.00 but was going fro the full amount.

Thanks

Write back informing her that your agreement to settlement was a full and final settlement, only insofar as the charges mentioned in the relevant action: it has no bearing on any other charges. Further, inform their solicitor that if this is unacceptable to them then they should intimate as much to you within the next 7 days. In that eventuality you would only assume that they wish to proceed with the action.

Lastly, inform their solicitor that you would be agreeable to the bank settling your other outstanding claims in full.

PM me if you want any other help.

[nicola]

Thank you very much for your help, putting the letter in the post today.

[Giveitback]

best of luck Nicola.

you didn't agree that this was for all the money they owed, only this claim. it sounds like they're trying to scare you.

You've sent your letter, you're doing it rght. now read up on all the relevant laws and facts - see Scotia's posts. there's the tiniest chance that they might defend - be ready. However, they really probably won't.

I have to point out, I'm a step behind you, but this is going from what I've read.

You can do it! Remember, there's two of you right there, and thousands of us here!

[nicola]

Got a letter yesterday from the bank, basically telling me that if I proceed with anymore court action, that they will be with drawing all banking services from me, I have a £1600 overdraft and could afford to pay it off from the money the bank owes me, but I have had bad credit problems and in the past and wonder if I will be able to open another bank account.

What do I do now just forget it or carry on !!

[Mairi]

Hi Nicola
You will be able to get a new account even if it is just a basic one, as they don't need to do a credit search.Get your salary and your d/d re set up on new account.
Then for your 2nd claim go for a summary cause which has a claim limit of 1500. That should pay off most of your o/d. You will probably have to pay something towards it while your waiting on your case going to court.

[charlieho]

Nicola

have a look here Scottish courts also take a look at the Govan Law Centres Info -very helpful-
Charlie

[nicola]

Thanx, has anyone ealse had the bank saying they were going to close their account??

[CJ&theBOS]

Originally Posted by cats

I have gone for six years worth!

hrmm ive gone for 5 years thought i wouldnt be able to claim more. Anyone managed to claim 6 years no problem in scotland? Ill adjust my claim if necessary

[Giveitback]

Nicola, I haven't been told by my bank that they want to close my account (yet), but here's my thinking.

When it's overdrawn, if they try to close it, it's not as if they take your money away, you have theirs anyway.
if they decide they want to try action against you for it, then come back here and we;ll help you out, but you owe them, they owe you, they won't gain from it.

But the first thing I did was open a parachute account, and get on good terms with my bank account manager.

And she's been great - mistakes have been made, but they've put in the time to fix them.

[nicola]

Thanks, I did apply to open up another account yesterday, but it's to late to change my bank detail for this months wage so I'm going to wait until the end of the month then start the court proccess again.

[Harry Burt]

Which court action is necessary in Scotland for a claim of £5000.?

[debt_mountain]

Harry Burt

only info I can give is what you probably already know. upto £750 is low risk if you were to loose (noone ever has I don't beleive), 750-1500 is higher risk as you pay costs for both if you loose so I guess that anything above 1500 is high risk.

As I have said in many other posts, I plan going after the banks in england and using their head office address in England. Others have successfully done this and you can go for upto 6 years and £5000.

[HRB]

hello Debt Mountain,
Tks for the contact. I am going ahead with a biggish hit on Scottish based bank(s) and will use whatever court action is necessary to get the result.
HRB