Claiming the balance

[raymo]

Hi everyone,

Your help would be appreciated.

I am assisting my daughter with her claim, the court return date is 23 August.
The total amount to be claimed back is £1200 +, if she is awarded by the court that would be for £750 + fees+ intrest(hopefully).

To claim the remainder of the £1200 +, at what part of the process do we
re-start at? I can't seem to find anything in the FAQ's.

Do we just go straight to summons again?

[Karnevil]

Hi Raymo

You'd have to start again with the prelim letter, and have to wait until the first claim is settled.

If you claim the second amount before the first is closed it could encourae the bank to stall on paying you in the hope they could scare you off by threatening summary cause (hope I got that right I'm not a scotland person)

[raymo]

Thanks for the information.

[charlieho]

Hi Raymo
I reckon Nationwide owe me £2579.00 in unlawful charges plus interest at 8% of £697.00 .My first small claim was for £744.46 which I listed as schedule of charges of £570.00 plus interest of £176.62. Nationwide have sent me a cheque for £723.12. I have replied accepting this as a partial settlement wanting a further £87.80 to cover court costs and the difference of interest see Charlieho v Nationwide

I used the particlars of claim template from the Govan Law centre
and included the following

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimants account from 06/02/02 to 04/02/03 .The sums are detailed in the schedule attached to these particulars of claim.

The schedule of claim was the spreadsheet from vampiress for use in Scotland
My argument if it got to court would be that £570.00 in 2002 is worth £744.46 at todays value - don't know if it would stand up ? however looks a though Nationwide are settling this at the summons stage.
Apon settlement of this claim I plan to submit a new small claim for the next lot of charges - In my initial LBA I had asked for £2579.00 which has not been settled therefore I am submitting a new claim without further correspondence for the next £750.00.I don't see why I have to do another preliminary letter or LBA as the have not settled for the full amount from my original prelimianry letter and LBA. - I'm not sure if this is correct procedure - but giving it a go anyway

Charlie