Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Mairi Novitiate

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    Default Multiple Scottish claims

    Hey all,
    I cannot find a definate answer to my situation.
    Im in Scotland and will need to serve around 8 small claims against the BOSicon to get ALL my money back.
    I've read 3 different views on multiple claims.
    1. you have to claim all in one go as the reason for all the claims is the same - unlawful charges.
    2. do one after the other in case the bank consolidate claims into one biggy and take me out of the small claims procedure.
    3. do 1 one week, number 2 the next week, 3 the week later...... to make sure all court dates are separate.

    Can anyone clarify this please?
    Claim submitted on 6/6/6 and the return date is 18/8, 11 weeks to wait :o .i think i must live in a very bad area.
    Im going to be at this till im 100 i think.

    Similar Threads:


  2. #2
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    give_me_it_back Novitiate give_me_it_back's Avatar

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    Default Re: Multiple Scottish claims

    Hi Mairi. Good question. I'm afraid I don't know the answer, but I will watch this thread with interesticon.

    Good luck!

    Abbey - 547.00 settled in full.
    Second claim: £204 WON.
    Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

    MBNA - Concluded £634.31
    Capital One Concluded £148
    Kinda disappointed I've no more banks to go after now...

  3. #3
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    woolfie Novitiate woolfie's Avatar

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    Default Re: Multiple Scottish claims

    Hi Mairi,

    As far as I can understand up here in Scotland the situation is that if your claim is for over £750 to one bank then you are advised to split up or sever the claim. Then you go through the court process with one claim at a time waiting till you get your money for the first claim before starting the second.

    This is because if you were to run several claims concurrently then there is the possibility that the bank would try to consolidate them which would then take you over the £750 limit and out of the small claims track.

    Now the general opinion is that the bank is still unlikely to fight the case but the danger is that once you are out of Small Claims then every thing has to be done correctly and if you made a mistake the bank could get the case thrown out of court. You would then potentially be liable for costs etc.

    If you do a forum search on the word 'sever' there is a lot more information.

    This is my understanding of the situation but as I am not a solicitor you should have a search about.

    Hope this helps clarify things a bit


    Woolfie

    If you are happy with the advice i have given please click the scales of justice above and give me a vote!! Thanks.

    Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.




    Barclaycard 1- £520 claimed – settled
    Barclaycard 2- £435 claimed - sett;ed
    RBOS 1 £190 claimed - settled
    RBOS 2 £6500 claimed initial letter sent 26/6/6
    EGG £300 claimed – LBA sent 22nd June
    Capital 1 £200 claimed – settled

  4. #4
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    Default Re: Multiple Scottish claims

    Hi Woolfie
    Thanks for the reply.
    reading a thread http://www.consumeractiongroup.co.uk...ighlight=sever
    "claim amount over small claims limit" posted by aaronmcl
    jonni2bad's replies have me a little concerned. Ill see if i can catch him around the site and ask him. Think i need to just stop worrying, only 9 weeks to go
    mairi



  5. #5
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    Default Re: Multiple Scottish claims

    Quote Originally Posted by Mairi
    Claim submitted on 6/6/6 and the return date is 18/8, 11 weeks to wait :o .i think i must live in a very bad area.
    Im going to be at this till im 100 i think.
    there seems to be a huge variation in time scales, my return date was 3.5 weeks after service. Maybe they are taking summer holidaysicon in to account with yours ?
    Dont give up.

    Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr
    Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.


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