offered over £750 but want to claim £3800

[ds1997]

Hi all
Not sure what to do?

Sent various letters to RBS/Halifax requesting a refund, they have now offered £1065 but they owe me £3800+.
If I claim £750 at a time, it appears to the court that they have already offered me more than this.
So what should I do? I'm in Scotland with an account at a Scottish bank. I don't think it's possible to claim through Halifax Leeds address....is it?

Any ideas welcome.

Dianne

[Bookworm]

Hi, Dianne, and welcome.

Hmm, yes, I see your problem here. I don't know, to be honest, I really need to learn more about the Scottish system...

Hopefully, s/one will know... I just wanted to let you know your post was being read.

.

[scotia]

Well....my total claim is for £2116...they offered me £732 as full and final....i put my first claim in for £720 plus 8% plus fee......3 weeks later they coughed up.....second claim submitted yesterday.....expecting the same to happen.....so chances are the court won't even see their offer.....not that it matters anyway

[ds1997]

If you accecped full and final settlement and I presume you had to sign something agreeing this? doesn't that mean you can't pursue them for any more money?

If not, then couldn't I accept their offer and pursue them in court for the rest?

Hope I'm making myself clear enough.

Cheers
Dianne

[ds1997]

Sorry (I'm being dumb!) I misunderstood the last post. I can now see that you didn't sign anything, I assume that you just apply for the money in chunks relating to the oldest first and work your way forward.

Cheers Dianne

[scotia]

yeah.....they offered 732 as full and final for total amount of 2116...i said thanks...but no thanks....gonna pursue you for the full amount......submitted first claim....they paid out...i wrote and thanked them and stated that the next claim would be served in the next few days.......i will wait on them paying that out...then so on until full amount is retreived

[arrandolly]

If Leeds is their registered office, then yes

[FIONA CRUICKSHANK]

Hi,

I am in Scotland, bank owes us £4800.00 between 3 accounts. I sent 1st letter to branch manager in Scotland, who forwarded it on to Customer services in Birmingham, where all other letters have come from (saying of course that they won't refund.) My nearest sherriff court is Perth, but I am unsure if i claim against the branch, as the manager has told me to deal directly with Birmingham, or address the claim to the Birmingham address. I have also read today on the site that i can claim by way of a Summary cause - claims between £750 and £1500 - should i submit initially 3 claims (for my 3 different accounts with same bank) or do you think that the sherriff might want them amalgamated?

[mikeb1]

Originally Posted by scotia

Well....my total claim is for £2116...they offered me £732 as full and final....i put my first claim in for £720 plus 8% plus fee......3 weeks later they coughed up.....second claim submitted yesterday.....expecting the same to happen.....so chances are the court won't even see their offer.....not that it matters anyway

Am I to understand then scotia,this amount is for the same account and you just
keep suing @ 750 a time?

and what happens on the initail letter you send to the bank asking for your dough back,do you ask for the full amount over a 5 year period and hope for the best? before suing?

read up on the FAQ but not to sure how it applies to us scotsman.
TIA mick

[goforit]

Originally Posted by ds1997

Hi all
Not sure what to do?

Sent various letters to RBS/Halifax requesting a refund, they have now offered £1065 but they owe me £3800+.
If I claim £750 at a time, it appears to the court that they have already offered me more than this.
So what should I do? I'm in Scotland with an account at a Scottish bank. I don't think it's possible to claim through Halifax Leeds address....is it?

Any ideas welcome.

Dianne

If it becomes an issue you just explain the situation to the sheriff

[charlieho]

Diane,

I believe that you can sue through the English Court system - but not by using moneyclaim -by submitting the appropiate form by post to Leeds Court

Usefull Information at Govan Law centre on juristdiction

It is understood that the England & Wales Money Claim Online service requires a claimant to have an address in England or Wales, and therefore, if you are raising proceedings in England you would have to forward your claim to a particular County Court by post. While raising proceedings in England will entitle you to sue for a maximum of £5,000 under English small claims procedure, if the claim is defended you must be prepared to travel to England to present your defence. Accordingly, you should think very carefully about this issue, weighing up all of the pros and cons

See also Scottish vs English court