Urgent Attention Please Read - Claims in Scotland - Page 2

Robertxc · 4th March 2007, 15:44

I think you'll find that the maximum which can be awarded is £75. See here: http://www.scotcourts.gov.uk/sheriff...g_to_court.pdf

Bigmac versus · 4th March 2007, 16:07

Summary cause and the fact the case was incompetent is that still the case?

tbell · 4th March 2007, 16:23

hiya bigmac

First of all.. sorry to hear about your second claim been thrown out, been following your thread.. but after reading a couple of threads on here.. like you.. Im not surprised the bank have come up with this..

Its good of you to let us know what could happen if we split the claim in scotland before we made the same mistake :o

I was due to file my first summary clause this coming Friday.. Im claimimg £3300 in charges and have added contractual interest at unauthorised rate 29.8% total is over £6000.. Will be going for statutory in the event that the contractual is not awarded.. Now however am not prepared to risk losing £1,800 minimum if second summary clause is thrown out!!

What to do now though.. Really cant see me going to a solicitor re OA..just not me.. so no point going down that road..

Lloyds TSB is registered in England.. Would I be right in saying I could go to England and file an N1 on Friday?? (if I can sneak outta work

)

And if so..could the court be as near to Scotland as possible..or would it have to be local to LLoyds Registered Office??

Would really appreciate any advice here as not sure what to do now..

Thanx in advance

tbell

Robertxc · 4th March 2007, 16:28

Quote:

Originally Posted by tbell

hiya bigmac

First of all.. sorry to hear about your second claim been thrown out, been following your thread.. but after reading a couple of threads on here.. like you.. Im not surprised the bank have come up with this..

Its good of you to let us know what could happen if we split the claim in scotland before we made the same mistake :o

I was due to file my first summary clause this coming Friday.. Im claimimg £3300 in charges and have added contractual interest at unauthorised rate 29.8% total is over £6000.. Will be going for statutory in the event that the contractual is not awarded.. Now however am not prepared to risk losing £1,800 minimum if second summary clause is thrown out!!

What to do now though.. Really cant see me going to a solicitor re OA..just not me.. so no point going down that road..

Lloyds TSB is registered in England.. Would I be right in saying I could go to England and file an N1 on Friday?? (if I can sneak outta work

)

And if so..could the court be as near to Scotland as possible..or would it have to be local to LLoyds Registered Office??

Would really appreciate any advice here as not sure what to do now..

Thanx in advance

tbell

Probably best to do it at their head office. If you book far enough in advance, travel to london is pretty cheap.

RedDeath · 4th March 2007, 17:32

Quote:

First of all.. sorry to hear about your second claim been thrown out, been following your thread.. but after reading a couple of threads on here.. like you.. Im not surprised the bank have come up with this..

Its good of you to let us know what could happen if we split the claim in scotland before we made the same mistake

I was due to file my first summary clause this coming Friday.. Im claimimg £3300 in charges and have added contractual interest at unauthorised rate 29.8% total is over £6000.. Will be going for statutory in the event that the contractual is not awarded.. Now however am not prepared to risk losing £1,800 minimum if second summary clause is thrown out!!

What to do now though.. Really cant see me going to a solicitor re OA..just not me.. so no point going down that road..

Lloyds TSB is registered in England.. Would I be right in saying I could go to England and file an N1 on Friday?? (if I can sneak outta work

)

And if so..could the court be as near to Scotland as possible..or would it have to be local to LLoyds Registered Office??

Would really appreciate any advice here as not sure what to do now..

Thanx in advance

tbell

Tbell, I am in the same position. With contractual looking at 11.5k, and not only a potential visit to england but a trip to merchantile court as well. About 10 days to go to N1 now.

Yes, I take it it is ok to claim in their home town, and then hope that they will settle out of court, but the way LTSB are behaving a court trip is quite a possibility.

tbell · 4th March 2007, 20:37

Hiya Reddeath

Had a look through your thread..so are you planning to visit England to file your N1??

And if so what court would you be filing in??

Would I be right in thinking the correspondance I have had so far..(1 letter)..lol.. was a birmingham address??

Have relatives in Newcastle..would it be possible to use their address to claim from and file the N1 in Newcastle do you think??

Thanx

tbell

cascade · 5th March 2007, 00:25

Here here! I agree. Lets not all cave in at the first hurdle. Willie Wallace didna. The inspiration is here as well as in history. We Scots and associates can defeat these greedy corporate Giants. After all if they know they are going to be defeated, but you have to ask yourselve what motivates them to carry on with the same old actions. Lemmings jumping off the cliffs? Who knows.

libby21 · 5th March 2007, 16:54

Hi...having read about subsequent claims being thrown out by court, I think I will try and file in England, as I would have to raise two summary cause actions in Scotland. Am I right in thinking if bank (Nationwide) has a branch inBerwick upon Tweed, (nearest English town) I can file there? Don't have an English address available to do MCOL.............

Sneaky_Pete · 5th March 2007, 16:55

Anyone heard anymore information on this??

I have my first (of 3 small claims) to take place tommorrow, is there anyway of now changing this to a full court case??

Robertxc · 5th March 2007, 17:01

Is the preliminat hearing tomorrow? If so, you should ask for it to be continued (delayed). Explain to the sheriff that you've made a mistake and tyhat you think you should be in summary or ordinary cause. This will give you some breathing space to decide what to do next.

caro · 5th March 2007, 17:02

Which bank Pete, which court and is it a preliminary hearing?

caro · 5th March 2007, 17:05

Who said mods are like buses. You wait ages for one and then 2 come along together. I'll let Robert steer this. lol

Sneaky_Pete · 5th March 2007, 17:07

bank is RBS, I had a continuence 2 weeks ago, as the RBS wanted to offer me a settlement (which I refused today)

Sneaky_Pete · 5th March 2007, 17:10

I have just set up a meeting with a Solicitor for 4:30 this afternoon.

Its too much money to throw away. All in my total claim would be about 3.5K, with interest add back a further 3.5K, I'm a betting man ... so I'm willing to take a gamble .... anyone know how much you could lose if you lost in the real McKoy?? as in real court case??

caro · 5th March 2007, 17:11

I thought this was a real court case.

Sneaky_Pete · 5th March 2007, 17:16

No its just my first small claim, Yes its a court of law etc etc, but I mean can I change it to the big bad proper court of law?? Where full expenses and I can claim my full amount?

Sneaky_Pete · 5th March 2007, 18:57

OK, checked out the costs invloved ... got me a solicitor.

Tommorrow I'm trying to get a decree of dismissal, (court will pr

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