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Hello all
Its been several weeks this I took my small claims summons to the Sheriff court. As I am in Scotland I could only claim £750. I received a court hearing date which comes with a 'Return Date' ie the date the Bank, the defender, have to respond with their intentions. I then received an offer from the bank, independent of court dealings, which fell way below my calculations of penalties charged therefore I rejected outright. RBS have since failed to respond to the court request by the 'Return Date' and I have now lodged with the court, the 'Minute', ie an order to make them pay up via the baliffs if necessary. This apparently takes 2 weeks.
At this moment it looks like I've won and will keep you informed.
I feel exhausted as it has been a long and stressful haul especially when you receive the court hearing date. The £750 is only a small part of my total penalties so I asked the Sheriff Court if I could now put in multiple claims for the remainder. This would amount to a further 3, each with its separate court fee.
I have been advised to go ahead but may be best to lodge each summons with a week or so between them.
Hope this gives some encouragement. Hold your nerve.
14/09/2006 - Data Protection Act letter sent to my bank.............here goes
28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000
04/10/2006 - Prelim letter sent for charges of £2037
congratulations. hang in there. did you claim interest as it appears that others in england are doing? and in the spreadsheet, that calcualates interest at 8%. then there does appear to be a compound interest calculation which then gets addedd on. i must admit like others i am mystified by what interest claims one can make.
again many congrats
Cheers and yes I am claiming interest as the spreadsheets calculate. In my decree, that is the 'minute' you submit, after RBOS failed to respond to my summons, I had noted all the interest and expenses but when I filed it at the sheriff court I was told not to worry, the sheriff court would calculate everything owed. I will keep you informed.
fernpest v RBS
have since failed to respond to the court request by the 'Return Date' and I have now lodged with the court, the 'Minute', ie an order to make them pay up via the baliffs if necessary. This apparently takes 2 weeks.
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