Urgent Attention Please Read - Claims in Scotland

[Bigmac versus]

Just lately Clydesdale bank have changed their defence and have had success from this and been awarded costs, this has been tried and tested so please be aware and move carefully.

Advise had been given not to run smallclaims at the same time to avoid the action being moved to OA and quite rightly so, however after claiming an earlier smallclaim for £750 i had my second smallclaim case thrown out today as incompetent due to having claimed earlier.
The ruling was that i should have claimed all the charges at the same time and not to return at a later date and claim again for other charges as i knew or should have known at the earlier smallclaim that these charges were to be claimed also.

So in Scotland against CB only at the moment as i expect other banks to use this soon, if your charges are say over £1500 then you will only get one claim at it so decide if it is worthwhile raising an OA or accepting the £1500 (summary cause) if you are not the much over it.

[caro]

It should be noted too that Edinburgh court no longer accepts second or subsequent claims.

[Bigmac versus]

This will be wide spread but maybe best to update locations as they happen.
EDINBURGH
KILMARNOCK

[feduptony]

I am trying to put togethe a claim between £1500 and £2000 for submission to my bank ,and failing payment to issue 2 small claims . I understood yhis was yhe only method to pursue under scottish law?

[muggins73]

I'm slightly perplexed by this. Is it not so that once you have but in your claim via the courts you are unable to update your schedule without incurring costs?
I have recently won with NatWest and am at the LBA stage. These latest charges accrued were due to their interest and Unauthorised borrowing fees, no fault of my own as they are nothing to do with unpaid chqs, d/dbt and the likes. I have given them ample opportunity (two seperate letters infact, prior to the LBA) to settle without the complications of court proceedings, I have yet to receive a response. Are you suggesting I let sleeping dogs lie, because of this possibility?

[caro]

With Nat West you might consider claiming using, for example, the English Head Office address, thus using the English court system.

[muggins73]

Originally Posted by caro

With Nat West you might consider claiming using, for example, the English Head Office address, thus using the English court system.

Forgive me caro there has been a misunderstanding, as I am using the English address as I actually live in SE England!!!

It's just that I came across this thread and although I am more than aware that this relates to the Clydesdale bank in Scotland, I am rather concerned that soon this may ring true to the banks down in my neck of the woods.

I was wondering about the financial ombudsman service for the rest? Good idea or not?

[caro]

Originally Posted by muggins73

Forgive me caro there has been a misunderstanding, as I am using the English address as I actually live in SE England!!!

It's just that I came across this thread and although I am more than aware that this relates to the Clydesdale bank in Scotland, I am rather concerned that soon this may ring true to the banks down in my neck of the woods.

Sorry muggins, I just seem so embroiled in Scottish stuff at the moment I assumed you were there. Should have seen on your profile.

I think this is unlikely to be an issue in England, as the system is more user friendly. A lot of people have routinely gone over the small claims limit in England, as the process is just about the same, as is the outcome. In Scotland a lawyer is required for larger claims, which obviously costs money, so claims have been split to enable people to act for themselves.

What Clydesdale/Yorkshire Bank have been doing in England though is sending cheques for a lower amount than the full claim, stating that encashment is seen as acceptance of full and final settlement. If people have cashed the cheque and written to say that they accept as part settlement only, they will apply to have the claim struck out, and I believe have succeeded. For this reason we have been advising people to tear the cheques up and send them back with a rejection letter.

I hope this eases your mind.

Nattie, you may have a point although I'm not sure if YB/CB would pull the full and final settlement card. Certainly an idea worthy of consideration.

[caro]

Originally Posted by feduptony

I am trying to put togethe a claim between £1500 and £2000 for submission to my bank ,and failing payment to issue 2 small claims . I understood yhis was yhe only method to pursue under scottish law?

Which bank Tony. If you start your own thread in the appropriate forum, with progress to date we can try and help you. Post a link to it so we can take a look and help.

[muggins73]

Thanks caro, i know how it is you just get sooooo engulfed by the whole process. Apology accepted, although there was no need really

Mind is eased, will continue as planned to sting the blighters where the sun doesn't shine!!!!!!

Thanks

[caro]

Sounds like a great plan to me muggins.

[Bigmac versus]

I am a little miffed by the CB but fair play they have came up with a good one it seems, only means the goalposts need moved slightly and if this helps others then that has cost the clydesdale something, spread the word. An OA i feel could only be raised from the outset, if you claim a smallclaim first then it seems all the legal routes are effectively barred for you.

[caro]

What about the FOS idea from Nattie Bigmac?

[Bigmac versus]

Maybe for claimants who havent filed a second claim, however for someone like myself who has had a ruling against them on the second claim i feel that CB would advise them that it has been dealt with through the legal route, would love to be wrong but doubt it.
If peeps have put a single claim in and then found out that to raise a second claim would be foolish then they may have some hope doing this route. Unfortunately when i tried to contact the CB after my first claim was settled they refused to discuss the complaint saying it had been passed to legal who will be dealing with it from now on.