Thread: scottish procedure

hi folks,

was wondering how different the procedure is in scotland compared to england or wales,

Having read through a lot of the threads i'm still a bit confused.

Do i send the letters to my bank (RBOS) informing them of the full amount i intend to claim, then.....when it comes to filling out the court claim forms...is that when i'd need to fill out seperate claims for each 750 quid.

eg.....if i was due 2000 quid, id fill out the 1st letters to the bank informing them thats how much i want....then come court claim time, do i need to lodge 2 claims each for 750 quid and 1 for 500 quid to get my full amount?

do i lodge them at the same time.....or 1 at a time.

all your help is greatly appreciated

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hey, just realised that in posting myoriginal thread.....related threads appeared below.....and these were useful...cheers for all the replies anyway...lol

I have a similar problem as you because I am after BOS for £ 1680.00 Was told I could go for summery cause and drop the amount over £ 15.00 NO WAY I will not letthe B------s of with a penny for all the trouble they have caused. Anyway as I intent to win The bank will, pay the lawyers fees and him doing it will help. Incidently when I was in the court doing a couple of small claims one for COOP credit card would you beleive this morning I received a letter saying they apologised for the delay and had credited my account with he whole lot Namely £ 780.00 Best of luck let me know if I can help.

I don't seem to say things correctly In my previous letter I said £ 15.00 instead of £ 1500.00 and I was in the court filing yesterday!!! Sorry!

Hi,
I have sent off my claim to RBS and they came back with ....'It's going to take longer than the 14 days you have mentioned'. Do I send another letter stating that they have another 14 days to comply....ie the 'failure to respond letter?'
I know this sounds obvious but i'm starting to get a bit worried about doing this...and the ramifications.

Any help would be very much appreciated.

Regards

Grant
grantybaz@hotmail.com
grant_archibald@standardl ife.com

I had a simillar situation Citi Financial wrote and told me they did not aggree with OFT's findings and therefore would not refund a ny charges so I wrote back and said not too waste time I would just go ahead and file a claim which I did. Beneficial (HFC) sent the same kind of letter so I said the same. Yesterday I received a letter offering me a goodwill gesture of £ 120.00 I was wanting £ 234.00 so I sent them a letter saying because hey took so long I had already filed a claim but would settle for £2 50.00 if they paid by return if not then it would cost more because I( would charge the whole cost of bringing the claim to trial. So don't let them get away with anything!!!!

Hi all! I've just started on the road to financial redemption and have sent my data protection letter to RBOS.
By my estimated reckoning I sould be due back a lot more than the 750 quid maximum allowed in Scotland so I'll be submitting more than one claim.
I'll keep you all posted on my progress and if anyone has any nuggets of advice/wisdom to light my path then I'd be very gratefull.

thanks in advance

Further to my last message about beneficial recd. a letter saying they would pay me the £ 250.00 So you will see it pays to stick to your guns. By the way regards to my fight with BOS finally decided after talking to two lawyers that I have ended up filing a summary clause because the lawyers did not fill me with confidence about their handling h situation. So have filed but not heard anything yet. To those who think of splitting their suits to avoid the max £ 750. If you split then you have to wait until the first case is finished before you start the second or the judge will probably put them both together and you will be stuck!!! I would do as I did file £ 1500.00 sumary clause and later a small claim. The sumary clause is not bad the only thing different as far as I can remember is that you have to get a lawyer or sheriff officer to deliver the summons ( which I think is best as it only cost me £ 15.50 nd you know what lawyers can charge even though you will get it back when you win I do not like to be out of any excess funds)Best of luck let me kinow if I can help;.

Guess what? Post arrived today with cheque from Beneficial for £ 250.00 actually sent on the 5th. Dec.

I am confused as to which court to use, do not fancy doing it in dips and drabs by using the Scottish system small claims court at £750 per go. I am trying to claim £2267.00 and anyway I am too skint to go to any court at the moment (and am sure there are more charges to be levied shortly anyway) - has anybody used an internet lawyer instead for a result?

Thanks dtollan, I do not have anyone in England that would 'lend' me an address. I think I will go to small claims (Scottish) court for £750, and when successful will have enough funds - and guts - to go to Summary Court. I am a bit scared of the Summary thing because I do not understand what is involved if I lose?? (Anybody know how much it costs to kick off and the ramifications if I lose?). I am after Alliance and Leicester and feel that the last 2 letters of request for refund was a pat-on-the-head-now-go-and-play type of letters. I do NOT feel like playing - not today anyway, and want my dosh back. I even had to take a loan out at one point because the charges were crippling me, and it was cheaper to pay off an unsecured loan at an extortionate rate than to take the monthly hammering from the bank. They really do keep us poor.

Don't be frightened of the Sumary Court. I have been that route and in fact still at it against BOS ( Perth Sheriff Court) I can't remember what the cost is as I am on income support and do not have to apy anything. The first time I went to court ( BOS had stated they were going to defend the action) BOS did not have any representative at the court so the judge asked a lawyer to find out any thing. He Phoned the bank and they said they had lost the papers and asked for a two week continuance. Which the judge gave them even though I said I did not agree. Two weeks later at court they wanted to settle but I did not agree with the figures I wanted payment for travelling and loss of income etc. etc. I said I want £ 150.00 per day. The judge said he did not think I would get anything like that as it is the sheriff clerk who decides so he did a continuance for three weeks which comes up this Friday. In the meantime I lowered my figure to £ 75.00 per day ( three days including this Friday) and I asked for £ 500.00 for distress etc. But I did say I would settle for whatever the sheriff clerk decides!!! BOS did offer £ 1600.00 + sio we will see on Friday. I have three other cases against BOS and have had one credit card case settled in my favour. If I can be of further help let me know best of luck.

i live in glasgow. how do you go about raising a court order in scotland? can you do it online?

also, i thought it was very unlikely banks would defend a claim????? scary stuff.

Don't be worried about filing a summary case the only diference is that you hav to get a sheriff officer to hand the summons that cost me about £ 34.00 which I will get back no problem. Otherwise it is the same as a small claim court case you don't need a lawyer. Banks have a habit if saying that they will defend the action but it is a bit different when it comes to court I have not come up against any bank actually making a case most settle just before court day or even at the court. I enjoyed myself a couple of weeks ago when I was at court a chap before me was sueing B.O.S. and they had a young female Lawyer defending the judge asked the lawyer what she had to say and she replied that BOS had informed her that they thought their charges were fair and just whereupon judge told the lawyer go come back in two or three weeks (Ican't remember) I hope it was three weeks because that will be this Friday when I will be in court myself I guess the fellow had not been on this website as his case left a lot to be desired the judge told him to find out more about how to handle a case and get the wording correct. Unfortunately he left the court before I had a chance to speak to him
Any help I can give you just let me know

Thanks texel - but I am scared stiff of not being able to hold my own if hit with a load of legal babble, and what of this 'getting the wording right'? What am I to say?

Hi Don't worry about legal babble. There wont be any. The Scottish Sheriff Courts are there to help people like us they know we don't know all the legal jargon so they don't use it. There is nothing to worry about!!! You can act as dumb as you want and they will help you It does not matter if it is small claim or summary. One chap who was at court against BOS did not know how to prepare his case ( this is not difficult there are plenty of templates for you to follow at this website) and the judge told him to get advice how to proceed and gave him a couple of weeks continunce.

Thanks Texel, that does make me feel a LOT more secure about doing it - if I can ask someone to give me some hints on a format to use(wording, smart phrases etc; the place/type of forms to be downloaded or sent for; and I would dearly love to know what kind of price is involved - I need to get this actioned this week, I have already sent the 2 letters the last one threatning court action, and got 2 refusals from the bank - I do NOT want them thinking they have called my bluff cause they would be SO WRONG! Anyone?