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've Just recieved my Wife's Account charges from the BOS and they are not good reading. I requested the last 6 years and they are as follows 2000 = £1620, 2001 = £380, 2002 = £740,2003 = £131, 2004 = £2064, 2005 = £639, 2006 = £1430, Total for 6 years is £7,004. This is a scary amount.
We live in Scotland and is it the case that we can only claim 5 years under scottish law
If we only claim for the last 5 year then we fall below the £5,000 mark but does this figure matter in scotland and what would be the implications for us to consider before proceeding. We are concerned about cost of court action and which court this claim would come under.
I would be greatful of your advice on how best to pursue our claim.
I mentioned going on watchdog but she is not kean and still embarrassed about mess her finances are in.
Many Thanks
I have just sued the Bank of Scotland for £720 + interest + £39 court fee.
Your right about the 5 years, I think that's as far back as you can go.
I live in Edinburgh and as the Bank of Scotland have a branch in Edinburgh it comes under the Edinburgh Sheriff Courts jurisdiction.
My claim cost me £39 that's all I would have lost if the case had gone to court . which was very unlikley. They are still due me about £5,600 which I am about to claim using Summary Cause. In Scotand you can claim between £750(small claims) and £1,500 (summary cause)
Go to "Forums - Bank templates library -Scottish procedure. Everthing you need to know is on this site, just takes a wee while reading through it.
Give me a shout if you need anymore help.
Best wishes.
scott.
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Sorry pict, go to forums then Guidance notes....then Scottish Procedure.
Hope this helps.
Thanks for the support. Sorry if this is still me being dumb but i'm just trying to make sure i get things right before I start.
Do I send my claim for the total 5 year period or do I have to do it in £750 blocks?
Is there any way to claim the 6 year period?
What is the proceedure to claim outside the small claims court or is this too scary an option?
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
I don't think you can claim the lot together, well maybe you could but I think it's better to stick to the small claim route. I claimed for £720 at first, then all I would have to lose was the £39 court fee. My next claim will be for £1,500 which still comes under small claims but would cost me more if I was to lose the case.I think you can claim for the lot at once but you have to claim them through the english courts as they have their head office in England, but you have to have an English address to do this. I'm about to claim my £1,500.
I'll let you know how I got on.
Hope this helps.
I'm not a Lawyer only a Painter & Decorator.
Best wishes.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
If you can, please donate to this site.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
Thanks Scott, If i claim the first £750 do i have to wait until the claim is settled before making the next claim. Sorry but I'm the type of person who likes questions.
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
If you have more than one claim going at the same time, you run the risk of the court combining them. That would be tricky, especially if the value then went over £1500. You would then be into "ordinary cause", together with solicitors, legal fees etc. Very messy.
In other words, stick to either small claims or summary cause and run one claim at a time.
Hope this helps.
J
1/9/06 RBS claim #1
8/11/06 - claim settled
17/11 claim #2 started - incl creditcard
30/11 - CC statements received
31/11 - Prelims issued - RBS paying up, only M/C to go)
If any of my advice/ info has been helpful, please click the scales
Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
hey pict,
i have just won using summary cause it has the risk that if you loose....which you wont.... the judge could grant cost to the other side of up to £750. my claim totalled £3500 but this is two accounts and so i asked the court what they recommended. they said they dont condone splitting claims too much as it is considered a waste of court time however sugested i meet them halfway by doing sumary cause. this i duely did and got a date of 17th november for my case to be heard. i got paid in full today. one point to remember is that your claim amount includes interest and court costs ie £39 and £10 dpa SAR in the total. hope this helps but if you need anything else please have a look at my thread it has a Breakdown of proceedure in it. one last thing GOOD LUCK
bos~ Data Protection Act sent ~ statements received ~ owed £1766.82 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006 bos Data Protection Act sent ~ statements received ~ owed £1217.86 ~ prelim letter sent 30/08/2006 ~lba handed in 14/09/2006
court date issued of the 17th november
27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.
Started 1st stage 30th Oct by posted refund letter for 2002 total £740 without interest.
I will keep you all posted on how the claim goes. I sure that the banks now have a policy in place and deal with these to a set plan so maybe there will be no surprizes in my claim and it will follow the usual routine.
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
Pict, at first stage (ie prelim and lba) you should be asking for it ALL back. Its only when you file your claim at court that you break it down. You should re-write to the bank saying "this letter cancels and supersedes my letter dated......." and ask for it all.
j
1/9/06 RBS claim #1
8/11/06 - claim settled
17/11 claim #2 started - incl creditcard
30/11 - CC statements received
31/11 - Prelims issued - RBS paying up, only M/C to go)
If any of my advice/ info has been helpful, please click the scales
Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
I recieved a reply from the BOS on the 6th November. The letter states that they have a customer service manager who will investigate the points that I have raised and that I will recieve a reply within 4 weeks.
Should I still follow our schedule of 14 days or wait and find out the outcome of thier investigation before proceeding?
Sorry I havent posted this sooner but I have just returned from a family holiday.
Thanks..........
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
I'm now at the letter before action stage could you please help me with a few points before I post it.
1. The claim is from dec 99 to oct 06 and totals £7004.
2. As yet I have not added any interest to this claim, is this right as I have read various threads that say I should have stated the interest by now yet the advice I recieved at the start said no interest until court action.
3. The letter before action has a section on default notice but I have not had any information to say that they have place one, should I have had that from the responce to the first claim letter.
I would be greatful of your assistance as the more threads I read the more confused I get and I really want to ensure that we have a solid case before we go to court.
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
Murph's V BOS
and they are not good reading. I requested the last 6 years
. This is a scary amount
.
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Re: Murph's V BOS Assistance Required Please
Originally Posted by maroondevo52
Re: Murph's V BOS Assistance Required Please
