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.
Scottish claim greater than £750 small claims limit, any advice?
Hello, I'm helping my partner try to reclaim £1000's paid in charges over the last 6 years and I'm ready to send of the DPA request for a list of charges to get an exact figure.
I know it may be premature, but I'm not expecting Abbey to roll over. I can wait for the 'Scottish Section' to reappear on the FAQ page, but any advice in the meantime on how to deal with a claim bigger than the Small Claims court can handle would be reassuring.
TheAnalyst's info on "Summary cause' could be useful, but I expect the claim will be for a lot higher than the £1500 limit!
Re: Scottish claim greater than £750 small claims limit, any advice
Hi Jim,
I recquested £900.00 back from Abbey (Cahoot Credit Card fees), they refused. I have submitted a Summary Cause Summons to Perth Sheriff Court claiming the £900.00 + 8% apr + court costs.
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.
Re: Scottish claim greater than £750 small claims limit, any advice
There seem to be two different rules which you can use. The first says that you're supposed to sue in the court nearest the Defender. The second says that as a consumer suing a company you're entitled to sue in the court nearest you. I currently have one case ongoing at dunfermline Sheriff court, and another at Central London county court.
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.
Re: Scottish claim greater than £750 small claims limit, any advice
Great responses! thanks all.
DPA request for charges now sent so decision time on how/when to do this will come soon enough.
Robertxc - nice! Same or different accounts? would this mean I could split a claim across dates as wintermare suggests AND across Scottish & English Courts?
Sorry for so many Q's, will post updates once decisions & progress made.
Re: Scottish claim greater than £750 small claims limit, any advice
No - keep it simple. Don't even attempt to split the claim across different courts - they'll probably both be thrown out and you'll get hit for costs for taking the p**s.
I'm at Dunfermline Sheriff court for Nationwide, and until they settled last week - Halifax, and at Central London county court for Abbey.
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.
Re: Scottish claim greater than £750 small claims limit, any advice
Thanks for clearing this up. A single claim, in London, less than 5k. Just like the FAQ says! This is complicated enough without me overcomplicating things ;-)
Re: Scottish claim greater than £750 small claims limit, any advice
No problem.
Central London county court
13-14 Park Crescent
London W1N 4HT
Tel: 020 7917 5000
Fax: 020 7917 5014
You can get the forms on this forum somewhere. If you need any help filling them in, give the court a call and they'll be only too happy to help. It will probably cost you £120 to get started.
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.
Scottish claim greater than £750 small claims limit, any advice?
and I'm ready to send of the DPA request for a list of charges to get an exact figure.
Reply With Quote
