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I took RBS to small claims in Scotland for £252 on my visa card. On 25th July I accepted an offer of £200.
However my hearing date was set for the 25th July but nobody told me at the time. The only letter I had was last week when the court told me the sheriff had dismissed the case as I (and the bank) had not turned up to the hearing. No defence was entered by the bank and the court did NOT tell me of the hearing date!
The only letter I have ever had from the court was to tell me that the case was dismissed. No other contact.
Now RBS will not honour our agreed settlement. Is it right that the court did not notify me of the hearing date. Can I complain to the sheriff officer and will the case be reopened? Can I sue RBS again or would this automatically be thrown out as the previous case was dismissed?
You could try to post a minute for recall of decree but you only have a couple of weeks so I guess you are too late-Complain to the clerk because not receiving a notification is a valid complaint and remember there was a postal strike going on around this time.
By the way after you lodged your claim you should have received a copy of the front sheet with the hearing date filled out at the bottom
written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.
Also complain to the fos as the banks did state that they would honour offers. RBS and Barclays (who are owned by RBS) seem to be leading the pack in starting to attempt to dishonour offers.
Please report them for this.
Also do as Douglas suggests and complain to the clerk re not receiving a notification. Do this as a matter of urgency.
RBS VISA - Court date - Not Notified!
to small claims in Scotland for £252 on my visa card. On 25th July I accepted an offer of £200.
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