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.
I have written several friendly letters to the bank requesting a reasonable compromise on the bank charges, around £1700 going back 5 years, which is as far back as a claim can go in Scotland I believe - is this correct? I have had one standard reply - "you agreed to the terms and conditions" etc. I got great advice from the bank charges website run by the Govan Law Centre, and followed up with the three formal letters they provide as templates. Answer - not a thing.
I have just filled in the Small Claims forms and taken them to the Sheriff Court. A staff member there was really helpful, and advised me on a couple of changes to make to the forms to help my claim, which I've now made.
I limited my claim to £750 under Small Claims, mainly because there is a cap of £75 on the expenses I have to pay if the bank contest the case. I could have raised a Summary Cause claim for up to £1500, but there is no upper limit on expenses if I lose. Perhaps I am being too conservative...... has anyone ever actually been challenged in court, ie has the anyone's bank actually contested??
Re: Hello Everyone - Have Raised Court Action HBoS
Welcome aboard Roger.
No, the banks will not play ball and appear in court (at least not for "money only" claims). There are benefits to claiming larger amounts, but if you have started then lets just get the first one out of the way.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.