Anyone Who Can help with Scottish Law!!!

[nicola]

Well got my court pack ready as it seems I'm going to need it!!! Court tomorow at 10. and still nothing from the bank.

[Giveitback]

This is your niece's claim that we're talking about? As long as you're clear on the points, and reason that they have taken money from you unlawfully, then even if you do have to go to court, you'll be fine.

You've got all day today for the money to go in, and then toorrow AM too, so it'll probably turn up.

Stay brave, you'll be fine

[nicola]

Yes it's her claim we are helping each other one as daft as the other!! My date is for next week!! I just hope they put the money in tomorow or ealse we will be a right pair.

[nicola]

I really need urgent help my neice has just had an email saying the bank will pay her without interest, we are due to go to court tomorow any idea what I should do we also included royalty gold fees which they have deducted this is just her 1st small claims summons, intotal they have taken off her 2K!!

Urgent advice needed!!

[debt_mountain]

Originally Posted by nicola

I really need urgent help my neice has just had an email saying the bank will pay her without interest, we are due to go to court tomorow any idea what I should do we also included royalty gold fees which they have deducted this is just her 1st small claims summons, intotal they have taken off her 2K!!

Urgent advice needed!!

do you not have a number you can call them on and tell them thanks but no thanks. It is full payment in your account or see them in court. You could also try to reply to their email with the same but atleast calling someone you now they have heard you loud and clear.

Good luck. Remeber it is all your neice's money not the banks.....

[nicola]

Ok going to get her to phone them it's just because she made a mistake puting the Gold charges on I was afraid the whole thing would fall flat I have the letter from the bank but it will not let me copy and paste, they have to have an answer by 2.30

[nicola]

Just sent the email and waiting for her relpy, nearly having a breakdown at the thought of going to court tomorow.

[debt_mountain]

Originally Posted by nicola

Ok going to get her to phone them it's just because she made a mistake puting the Gold charges on I was afraid the whole thing would fall flat I have the letter from the bank but it will not let me copy and paste, they have to have an answer by 2.30

Remember it is your case, not theirs. You set the timelines not them.

I know it is quite scary the thought of court but it really isn't bad atall. I have been 3 times now and the judges understand we are not experts and are very helpfull. Just make sure you are prepared and have all your info to hand. The 1 big thing is to know where all your info is. Go throug it and tag the key bits with postits.

But most of all enjoy the experience.

It is them that have acted unlawfully.

good luck with the dealines though. Fingers crossed.

[Dusary]

Don't despair!

Hang on in there!

[nicola]

Think my neice is redy to cave in after this email, she dosent want to wait another 2 weeks and I think she is getting scared.



note that you are willing to settle for the original amount. The charges applied to your account amount to £720.

The offer of settlement we have made to you includes a refund for every charge applied to your account, together with judicial interest and a refund of your court fee in warranting the summons.

Your schedule includes judicial interest from the date that each charge was applied to your account. Judicial interest may only be sought from the 'date ofc itation' of the court proceedings. < /SPAN>According to Scottish case law, it is only when a judicial demand has been made that any monies due can be said to be 'wrongfully withheld', creating an entitlement to demand interest. < /SPAN>According to Scottish case law, the court does not have discretion as to the date from which liability for interest should run in an action for payment/recovery of money wrongfully withheld.

The matter calls in court tomorrow. We could request a continuation of the proceedings for two weeks in order to reachs ettlement. However, the offer made to you includes a refund of every charge applied to your account plus expenses. It is highly unlikely that the offer made to you will be increased.

Kindr egards

Karen McCutcheon
Trainee Solicitor
Group Litigation
The Royal Bank of Scotland plc

[debt_mountain]

Originally Posted by stevokenevo

That means there is every chance they will increase the offer.

the courts have paid out in full in the past, tell BOS that you will let the judge see this email tomorrow in court as you beleive it to be a misleading tactic. don't settle. Whatever happens they will not remove this offer as the court would not look kindly on that. Make sure you inform the court of the offer they have made.

[nevos]

Hi, Just subscribing to your thread!