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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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London
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  1. #1
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    Default Help wanted. re:Scottish Courts.

    Hi all,

    I am trying to claim back over 6 grand from the Bank of Scotlandicon in Edinburgh.
    They have offered me 325 pounds and have said that " Having considered all
    the circumstances of the case, it seems we have reached the position where
    no further explanations will serve any useful purpose".

    I am a self employed Painter and Decorator and have had many sleepless nights
    over these bank charges, last year alone I was charged 1,870.00 pounds.

    I have a business account and just wondered what to do next, I know I can only go back 5 years but I beleive the small claims courts in Scotland only let you make a claim for 750 pounds. Can I make 5 seperate claims for this amount?

    Any help would be great.
    Thanks,

    Scott.

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  2. #2
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    Default Re: Help wanted. re:Scottish Courts.

    Start reading the forum material but concentrate also in the Scottish forum where you will get lots of help and advice.

    Robertxc is Scottish and has had amazing results against Scottish banks. I am sure that he will watch out for you and support you.

    Read the FAQ and the forum material to begin with.
    Which bank is it? Some Scottish people have sued English banks in England under English rules even though the accounts were opened in Scotland

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  3. #3
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    Default Re: Help wanted. re:Scottish Courts.

    Quote Originally Posted by BankFodder
    Start reading the forum material but concentrate also in the Scottish forum where you will get lots of help and advice.

    Robertxc is Scottish and has had amazing results against Scottish banks. I am sure that he will watch out for you and support you.

    Read the FAQ and the forum material to begin with.
    Which bank is it? Some Scottish people have sued English banks in England under English rules even though the accounts were opened in Scotland
    It's the Bank of Scotlandicon, Head Office in Edinburgh.
    I have read the FAQ ect but I am still toiling.


  4. #4
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    Default Re: Help wanted. re:Scottish Courts.

    Start postin in the BOSicon forum and see what responses you get

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  5. #5
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    Default Re: Help wanted. re:Scottish Courts.

    Quote Originally Posted by maroondevo52
    It's the Bank of Scotlandicon, Head Office in Edinburgh.
    I have read the FAQ ect but I am still toiling.
    Hi Scott,

    Can you confirm whether you live in Scotland or England? If you happen to be in england you can sue them there, and the limit is £5k. If you're in Scotland, not to worry. You'll still get your dosh back, it will just take longer.

    Robertxc v. Abbey - £3300 Settled in full
    Robertxc v. Clydesdale - £750 Settled in full
    Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

    The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

    You can can contact me by email: robertxc@consumeractiongr oup.co.uk

    If you are successful in your claim, please donate 5% so that the forum can continue to help others.

  6. #6
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    Default Re: Help wanted. re:Scottish Courts.

    Quote Originally Posted by Robertxc
    Hi Scott,

    Can you confirm whether you live in Scotland or England? If you happen to be in england you can sue them there, and the limit is £5k. If you're in Scotland, not to worry. You'll still get your dosh back, it will just take longer.

    Yes I live in Edinburgh and have had this account with them for about 28 years.


  7. #7
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    Default Re: Help wanted. re:Scottish Courts.

    Hi,
    Posted a message in MSE regarding the £750 limit in Scotland and was directed here. I have prepared my interesticon and total charges, which total £4086. Then I read with dissapointment today that I can only claim £750. However I read something about splitting the claim. Is this possible?


  8. #8
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    Default Re: Help wanted. re:Scottish Courts.

    Yes, it's possible, but you have to do them consequetively - one after the other. Don't overlap them at all, or the bank will go to court to have them joined into one. You could also read the FAQs about Summary Cause, which has a limit of £1500

    Robertxc v. Abbey - £3300 Settled in full
    Robertxc v. Clydesdale - £750 Settled in full
    Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

    The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

    You can can contact me by email: robertxc@consumeractiongr oup.co.uk

    If you are successful in your claim, please donate 5% so that the forum can continue to help others.

  9. #9
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    Default Re: Help wanted. re:Scottish Courts.

    Thanks for the reply. I am also checking our using an English adress as I have relatives there. Is this legal and what if the bank or court find out. Can they do anything about it?


  10. #10
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    Default Re: Help wanted. re:Scottish Courts.

    I don't know, but if the account is registered in Scotland, you might have problems.

    Robertxc v. Abbey - £3300 Settled in full
    Robertxc v. Clydesdale - £750 Settled in full
    Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

    The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

    You can can contact me by email: robertxc@consumeractiongr oup.co.uk

    If you are successful in your claim, please donate 5% so that the forum can continue to help others.

  11. #11
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    Default Re: Help wanted. re:Scottish Courts.

    Hi

    I have been reading various thread on reclaiming. When you split the charges up and and go through the small claims process does it mean that you are charged £39.00 for each claim. We are about to embark on this reclaiming and will be doing our homework over this weekend to get the ball rolling.


  12. #12
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    Default Re: Help wanted. re:Scottish Courts.

    Hi,

    Yes you have to pay £39 for every claim you make but you can claim this back from your bank. Think about starting your own thread in this forum, there are loads of people willing to help you out. Read all the F.A.Q.s and Step-By-Step Guides.

    Best wishes with your claim.

    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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    Help keep it up and active, helping people like you.


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