Going to court - a few questions

[rossiboy]

All,

I have a couple of questions for you. I have my return date on the 18th of April and my prelim date on 25th April. I have taken my case out in Scotland if this helps and I am wondering what happens under these scenarios -

1. I have raised a small claim for the money but my full amount is more than 5 times that. In your experience will the banks offer to pay back the full amount or just the £750?

and

2. The charges and the interest I am reclaiming from the bank, can they only be 5 years from the date of the hearing or do I go with my original claim for the amount which I submitted back in October?

Thanks for taking the time to read this

[rossiboy]

can anyone help?

[pict]

Rossiboy,
there are many different ways the banks deal with this. The bank will only give you what you claim in court but once you get you extract of payment for the court you can them phone the bank and ask if they are willing to make an offer for the remaining charges and if they are not them you can pursue them through the Financial Ombudsman.
When asking for the remainder ask for it all let them decide if you should get 5 or 6 years. The FOS I think will fight for the 6 years although dont quote me.
hope this helps..

[rossiboy]

thanks very much for this Pict, I will eagerly await their response.

Regards
Rossiboy

[texel]

Why did you not do a summary case this way you would start off with £ 1500.00? Should you be planning to go the court way be careful which court you will be dealing with as several now in Scotland will not allow second cases against the same Bank. I personally have never dealt with the Fin. Obd. but if you think that will do the necessary for you great. Remember the banks do not want to pay any funds so you have to keep at them

[rossiboy]

Thanks for your help as well texel