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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    smithsu01 Novitiate smithsu01's Avatar

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    Default Smithsu01 vs RBoS (in Scotland)

    I started this process before I knew this website existed and so just wrote a polite but firm letter to my bank requesting that they review what I felt to be excessive charges on my account over a 3 month period (£1200). When they ignored that I sent them a reminder 14 days later (both recorded) which they have now also ignored! Had I not been nearly so frustrated by them I may not have found this website but they ignored me at their peril and now instead of 3 months charges they'll be looking at a whole lot more.
    SARicon is on my desk ready to go in the post tonight and thanks to all you guys and the great information on this site, I can't wait!!

    Similar Threads:
    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  2. #2
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    susanne007 Novitiate

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    good luck. i'll keep an eye on your thread if you need to know anything or need any help just shout.

    rbos prem letter sent 25th aug 06
    give me 10 more days letter received 2nd sept 06
    lba sent 7th sept 06
    settled in full 7/10/2006

  3. #3
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    smithsu01 Novitiate smithsu01's Avatar

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Thanks! It's quite a daunting prospect so it's great to know there's so many kind people who can help if I get stuck or panic!!

    Suzanne


    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  4. #4
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    susanne007 Novitiate

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    just keep reading threads the more you read the more understanding you have and it becomes less daunting. if you follow in the right order and stick to you timetable you'll soon be laughing all the way to the bank.....

    rbos prem letter sent 25th aug 06
    give me 10 more days letter received 2nd sept 06
    lba sent 7th sept 06
    settled in full 7/10/2006

  5. #5
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    smithsu01 Novitiate smithsu01's Avatar

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Well my bank statements arrived on friday and I'm sitting working my way through them just now - hard to tell how much it'll total to but around the £2000 mark already! Hope to have this ready to post tomorrow!

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  6. #6
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    Default Re: Smithsu01 vs RBoS (in Scotland)

    hey,

    good luck!

    rbs :£1,525
    sent S.A.R. 13th oct 2006

    received statements 24th oct 2006
    sent prelim letter 7th nov 2006
    received polite "naw" from T. McLean 14th nov 2006
    l.b.a. sent off 20th november
    received letter 2nd Dec, another polite refusal
    Tommy McLean advises by email to take court action

    first direct : £?
    sent S.A.R. 13th oct 2006
    pending statements......
    discovered that they have sent no statements from an account that doesn't exist....

  7. #7
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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Well the total now is £3176 excluding interest although it may be higher as although I pay a monthly charge for my Royalties Account I also get hit with £28 a month for going over my arranged overdrafticon limit - can I include this? I'd appreciate if someone can let me know asap as I have the letter ready to go and would like to get it posted before the weekend.
    Thanks

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  8. #8
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    smithsu01 Novitiate smithsu01's Avatar

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    My prelim letter went off on 27th November claiming charges totalling £3868. Short of miracle I'm too late to get the money in time for xmas but maybe a good start to the new year!! As my husband has just been laid off yet again we could really do with it so fingers crossed. I'd like to think it won't get as far as the courts as I'll need to file 6 different small claims but am well prepared to if that's what needs done!

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  9. #9
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    Default Re: Smithsu01 vs RBoS (in Scotland)

    6 days and counting........ til deadline for Prelim letter!!

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  10. #10
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    erinamanda Novitiate

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Hi
    RBOS offered me £1350 on the date deadline for my prelim letter. Of course I've only accepted this as part payment Deadline for lbaicon is up on Friday, so here's hoping they come up with the rest.

    Good luck


  11. #11
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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Well my deadline for the Prelim letter was yesterday and I've had no word so lbaicon will be going in the post tomorrow. Watching Bank Robbery on BBC2 on tuesday night helped inspire me a lot - I hope everyone watched it!!

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  12. #12
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    erinamanda Novitiate

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    My lbaicon deadline is up today, been up since 6am but don't know if it's just that normal friday feeling or the anxiety over what the posty may bring this morning. I'll probably be soing the court money claim over the weekend


  13. #13
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    smithsu01 Novitiate smithsu01's Avatar

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    I'll be the same when my lbaicon deadline is up! I'm bad enough just now. I can't believe I didn't even get the standard 'no' letter - I keep telling myself maybe it's all running a bit slow due to xmas etc but I'm sticking to my deadlines all the same! Hope you hear something before the weekend! Fingers are crossed for you!!

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  14. #14
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    erinamanda Novitiate

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Hi
    Can anyone advise me of the court process in Scotland. i think i need to pursue BOSicon through court, however they owe me £1200. Should I be taking out a summary cause cliam?


  15. #15
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    Default Re: Smithsu01 vs RBoS (in Scotland)

    My understanding is that you can use the Summary Clause up to £1500 whereas to go through Small Claims you'd need to split it as £750 is the most you can claim. The fees involved are the same (I think £39) but I believe the only down side to summary clause is that you could be liable for the Bank's court fees IF you lose but then reading through this site, reading articles and watching that episode of the Money Programme highlighted just how unlikely this is. From what I've read on here I think more people are gaining confidence and going with Summary Clause rather than the lengthy process of doing a few Small Claims.
    Sorry I don't have many details but I'm not quite at that stage just yet.
    Good luck!!

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  16. #16
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    o0oliambeeo0o Novitiate o0oliambeeo0o's Avatar

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Hi Erinamanda and sorry to hijack your thread Smithsu01, im also in Scotland and just reading through some Scottish posts to refresh myself. I'm currently going through the summary cause process with ltsbicon (see my signatureicon for my thread). The fees are the same £39 and the whole process is the almost identical, its just a diferent track of small claims. One thing I would point out is when you recieve the summons back in the post from the sheriff court YOU must get a sheriff officer to serve the summons on the bank (form 1B), the court doesn't do this for you.

    Good luck with both of your claims and have a look over my thread to see what my lie ahead should you need to go to court, hope it gives you some encouragement.

    Merry christmas btw
    o0oLiamBeeo0o

    Prelim Req sent 12 June 2006,
    LBA sent 26 June 2006,
    Confirmation of court action sent 24 July 2006,
    Court return date 20 October 2006 - LTSB did not reply,
    Court hearing date 27 October 2006 - Decree granted in my favour,
    Recall of decree recieved 16 November 2006,
    1 December 2006 assigned as recall of decree,
    26 January 2007 assigned for full proof hearing,
    16 January 2007 1st offer recieved and declined,
    23 January 2007 2nd offer accepted, awaiting monies to hit bank account

    All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

    vvv My Thread vvv


  17. #17
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    Default Re: Smithsu01 vs RBoS (in Scotland)

    No problem, hijack away! Thanks, I'll check out your thread!

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent

  18. #18
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    erinamanda Novitiate

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Hi

    Cheers for the info, but I'm now wishing I took RBOS's offer. I'm emigrating to Australia end of Jan and with the timescales for Summay cause claims, it's a nitemare. Spoke with Tommy McLean again to day and felt he was trying to fob me off. He previously told me on 20th December that I would be likelly to recieve a letter offering full amount the following day, now he's saying the the way in whish the bank are dealing with claims is changing from day to day. He suggested I either wait until they respond or take the legal route. To top all this off, I've been charged £152 over xmas


  19. #19
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    erinamanda Novitiate

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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Just has a daft thought, but if I am in oz will the bank be responsible for my expenses to travel back for court?


  20. #20
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    Default Re: Smithsu01 vs RBoS (in Scotland)

    Mmmm, fraid I don't know the answer to that one but hopefully someone will!
    The deadline for my lbaicon is up in a few days and as yet I've heard nothing at all from RBSicon! No 'get lost' letter in response to my prelim letter and now no offer at all to my LBA. Wondering if I should e-mail to make sure it's being dealt with as everyone else seems to at least get the standard responses and seems strange to have had nothing at all by this stage!
    The letters were sent recorded delivery and have been signed for so I know they've got them!
    Any thoughts anyone??

    RBoS - claiming charges of £3868
    17/1/07 - Offer for full amount!! WON!!
    3/1/07 - LBA Deadline - reminder e-mail sent
    16/12/06 - LBA Sent
    27/11/06 - Prelim Letter Sent - no reply at all
    17/11/06 - Statements received
    12/10/06 - S.A.R - (Subject Access Request) Sent


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