Small claim v Summary Cause?

[fruitycar]

I know some people have been considering using Summary Cause. has anybody had any success yet.
Also, those of you in Scotland that have got their 8% interest back as well, what wording did you use on your claim? What is the legislation that supports it? (County Courts Act not applicable in Scotland)

[Quisitrix]

I'd like to know this too. Abbey have takenn at least £2000 from me and I'm not sure what the best track for a claim in Scotland would be.

[claimitall]

The spreadsheets for addition of interest in Scotland are in the template library. I used Scotia's example and filed for my refund plus interest at 8% plus costs.
I got the whole lot back although there was some snide comment in their letter about the interest being MY estimate and they didn't have the time or money to check it. I also not sure of best route now re summary clause or England or continue with small claims. In light of their recent letter their case for future digging in of heels is weakened so am going to ask for it again politely and then sue if they dont respond.

C

[fruitycar]

Originally Posted by claimitall

The spreadsheets for addition of interest in Scotland are in the template library. I used Scotia's example and filed for my refund plus interest at 8% plus costs.
I got the whole lot back although there was some snide comment in their letter about the interest being MY estimate and they didn't have the time or money to check it. I also not sure of best route now re summary clause or England or continue with small claims. In light of their recent letter their case for future digging in of heels is weakened so am going to ask for it again politely and then sue if they dont respond.

C

would you be able to post or PM me what you put in box 4? did you put anything in your particulars of claim referring to the 8%.

As I want to get on with this I think finances dictate it will have to be small claims.

[claimitall]

Fruity

"The persuer claims from the defender the sum of £749.99 with interest on that sum at the rate of 8% anually from the date of service for each charge together with the expenses for bringing this action."

You then have to attach the spreadsheet (get from the template library) with the amounts, dates and the interest is worked out for you and that is your whole claim. Example would be - Refund of £750 plus interest of £22 plus cost of £39 court fee, total due £811.00

You can only charge this interest and court fee if you actually do take it to the small claims court, you cant include it in your LBA's etc.

Hope this helps

[fruitycar]

Have just been looking back through my early posts to find this advice from Robertxc who has a great deal of Sheriff court experience...

"Things definetly get more complicated in Summary Cause, and you won't be protected from paying costs if you lose, and those could be well into four, if not five, figures.
In my experience, the Sheriff will give you a lot of help in Small Claims, because it's intended for people who are representing themselves. Summary Cause is intended for lawyers, so you will find the Sheriff much less tolerant if you get the procedures wrong. The risk of having your cased kicked out is much higher in summary Cause. Also, bear in mind that one of the main reason that the banks don't defend these actions is because there is no way for them to recover their costs if they win (in Small Claims). If you do it in Summary Cause, then that disincentive no longer exists..."

[claimitall]

I was just doing the same, fruity, so i think back to small claims. sometimes you get more confused the more threads you read. I was quite definate in my mind to go back to BOS and say give me the lot now, but on reading various other threads you start to feel they wont anyway and it alerts them to the big picture before we go down the court route, so now i am in two minds as to what to do next for the best. And of course the banks read these too and see some dithering and unsure people.

[fruitycar]

I see there is now a seperate Scottish spreadsheet. I shall use that one this time around, last time there was just the one from Vampiress (and very good it was too).
The judicial interest rate is a new feature.
Claimitall did is this the spreadsheet you used?

[claimitall]

I just used the English one at the time there wasn't the separate scottish one.

Lots of threads say go for it as most banks dont know the diff between the scots law and eng law

[charlieho]

fruitycar,

I used Vamiress Scotland - Simple - Excel
In my first claim in box 4 I put

The pursuer claims from the defender(s) the sum of £744.46 with interest on that sum at the rate of 8 % annually from the date of service, together with the expenses of bringing the claim.

.
In my schedule of charges from the spreadsheet I had -

Total charges £570.00 Interest to be added at court £179.63

In my statement of claim I put

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

Nationwide then sent a cheque for £723.12 in their covering letter they stated that

I'm now able to confirm that we've refunded £570.00 in charges and a further £153.12 to your account to cover your lost interest

I replied

1. In the schedule of charges attached to the summons the charges totalled £570.00 (which we appear to agree on) and I calculate the interest to be £176.62 using the judicial rate of interest 8% from the date the charges where incurred. This is a difference of £23.50
2. In my claim in addition to the Total sum of £744.46 claimed I also claimed for the expenses of bringing the claim, you have offered nothing towards these expenses. The expenses I have incurred are detailed as follows:

They coughed up

Although we do not consider that you are entitled to further sums claimed, it is uneconomic for us to contest your claim through the court. With this in mind, please find enclosed a cheque for £87.80 to cover your expenses

.

End of first claim
I still don't know if we can claim the 8 % - but Nationwide obviously think we can

Charlie

[claimitall]

spot on Charlie, what do we have to lose and if they think they have to then lets do it.

incidentally, have you asked Nationwide for the full amount now they have settled one claim (could be their stance is a bit weaker) or are you just going to put in the claims one after the other. I am in 2 minds with my own.

[charlieho]

At the moment just putting claims in one after another -Nationwide had (indeed still has the opportunity to offer all my charges back) -although with them having offered "loss of interest" in my first claim I would expect them to now offer that in any settlement.

Charlie

[claimitall]

You are probably right Charlie - think we have the control. They know what to do to avoid going to court. They know what we all want and where we are.

C