Restarting an old claim!

cozzie121 · 6th December 2006, 11:07

Hi,

I put in a claim to LTSB before back in June, due to time and financial restrictions I let the claim lapse.

I had sent my LBA on 8 June, 2006 and received the banks final response about a week or so later. I never got round to completing the small claims court procedure. I let it slip as I was concerned they would close my account or ask me to repay my overdraft, with me living in my overdraft that would be quite difficult.

I am now fired up, they have charged me £35 for a returned DD, which they wont refund. I have a new account which i am using and happy to take TSB to the cleaners for my money.

Can anybody advise me where I can start. Should I go through the whole process again, send another letter. I know i lapsed on not following throughon my actions, can i even do it now?

Your help would be much appreciated.

katesage · 6th December 2006, 11:26

Hi Cozzie

Just send an updated LBA with an amended spreadsheet including latest charge.

Give them 14 days, then file that claim!

good luck

peigibeag · 7th December 2006, 12:17

Sorry to butt in, but a related question. Is there a time limit from 14 days after LBA and starting court proceedings? My date was 28th Nov but I haven't started the first small claim yet as I'm not clear about the date I can claim interest up to. (I did start a thread, but no reply yet)

katesage · 7th December 2006, 13:39

no, peagi...i guess its a case of being reasonable.

I left mine over a month before i filed. in my opinion up to about 8 weeks should be ok.

cozzie121 · 7th December 2006, 14:25

i seem to be coming up for 6 months, is there legally a time limit imposed after sending the LBA does anybody know?

katesage · 7th December 2006, 14:58

Hi again

I dont know if there is a 'legal' time limit but I think nearly 6 months would warrant a resend of the LBA just to be on the safe side.

cozzie121 · 7th December 2006, 15:52

many thanks, i will read up more on whats been happening since i started and put in my small claims action.

thank you!

peigibeag · 7th December 2006, 16:19

Thanks Kate.

peigibeag · 18th December 2006, 22:57

Ok, I went to the Sheriff Court for my forms and asked about a time limit. They said there isn't one legally, as money owed is money owed whatever, but you should be reasonable and that if it was about a year it would be more sensible to send another LBA.

cozzie121 · 19th December 2006, 19:45

many thanks for your help peigibeag, that is nice to hear

i just got another charge so i'm going to wait and add it on, then i'll be sending LBA in on Jan 2nd.

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