Thread: what is the current situation

Hi, robo2.

I'm also in Scotland and went down the fos route. Had a letter from them saying they can't continue with my complaint until after the "Test Case".

Have a look at this.....

http://www.consumeractiongroup.co.uk...ont-panic.html

Also this.......

http://www.consumeractiongroup.co.uk...laim-what.html

Best wishes with your claim.

Regards.

Scott.

Why not try the small claims route- the cases are not stayed in Scotland. If you have a claim greater than £750 then you can split your claim into chunks because a ruling by a Sheriff stated that each charge could be the subject of a seperate claim. They probably will not go to court but the lodgment will cost £38.00 for each case. You could wait for the test case but that could go on for ever!! Your choice.

Hi, robo2.

As Douglas says you could go down the Small Claims route. But I beleive that some Scottish Courts are applying stays(sists in Scotland) to some claims. There's some information on the subject here......
http://www.govanlc.com/sisted.pdf

I have already won one small claim and one Summary Cause Claim against HBOS. I went down the fos route when Scottish Courts started throwing out more than one claim on the same account. I still have about £5,000 to claim back from the same account I have already claimed twice on, so I felt that there may be a chance my claims would not be successfull. If your charges are between £750 and £1,500 you could go Small Claim or Summary Cause. Though with Summary Cause there are some risks. Have a look at this........
http://www.consumeractiongroup.co.uk...procedure.html

Also this..........
http://www.consumeractiongroup.co.uk...y.html?garpg=3

If you go to court and loose your case, you cannot then complain to FOS. But if you complain to FOS and are not happy with their responce, you can still go to court.
I think going to Court first is your best bet. It's not in your favour doing nothing until after the 'test Case'. You need to get yourself in the system.

Best wishes with whatever you decide.

Regards.

Scott.