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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Smonty Novitiate

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    Default Help what do I do next????

    Hi
    I recieved a letter this morning from Bank of Scotlandicon offering £691.00 in Full and final settlement. I am claiming £2465 how they thought of offering £691 i don`t know, I sent lbaicon 24th oct so getting very close to issuing proceedings I called the bank this afternoon to adv that I would accept the offer as an interim payment and was told that the offer is full and final offer, what do I do?



  2. #2
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    nathal Novitiate nathal's Avatar

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    Default Re: Help what do I do next????

    proceed with your claim, but if your happy with their offer then you can take it.

    but you'll get all your money back

    -----------------------------------------------
    Mortgage Express charges- settled in full after issuing claim

    ------------------------------------------------
    To view the FAQ'S click here: http://www.consumeractiongroup.co.uk...se-read-these/
    To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk...ction-act.html
    To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk...re-action.html
    To find Registered Address:
    http://www.esd.informationcommission...esd/search.asp


    If my advise helps click here http://www.consumeractiongroup.co.uk...n.php?p=366404

  3. #3
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    percyt Novitiate

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    Default Re: Help what do I do next????

    http://www.consumeractiongroup.co.uk...tructions.html

    (3)

    One of the following will now happen:

    A) The bank or Credit Card company will ignore your request and you will not receive a reply. If this is the case, allow for the 14 day deadline and proceed to the next stage of the claim.

    B) You will receive a fairly standard letter saying "sorry you are not happy, we'll get back to you sometime in the next decade..." Again, if this is the case, allow for the 14 day deadline and proceed to the next stage of the claim.

    C) You will be offered a partial refund but it will be offered as a "Full and finalicon" settlement of your claim. We would advise you to accept this - but only on the condition that it is a partial settlement and that you will continue with your claim to recover full funds.

    D) You will be offered a full settlement of your claim. Experience shows this to be very unlikely at this early stage, but it just might happen.



  4. #4
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    MrShrimp Novitiate MrShrimp's Avatar

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    Default Re: Help what do I do next????

    Reject the offer and proceed to the Court Action.

    You are fully entitled to do so and I would suggest that accepting partial settlement can complicate the matter. Your obligation to negotiate has been fulfilled so go after them!

    S.A.R sent (RD) - 14/9/06 (no response)
    Reminder (RD) - 6/10/06 (no response)
    Phonecall to BofS chasing - 24/10/06 (no response)
    Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response)
    Phonecall to BofS complaints - 2/11/06
    Received statements back to 2004 only - 14/11/06
    Another phonecall to complain - 16/11/06
    All statements received - 31/11/06
    Claim submitted - 1/12/06
    Received acknowledgements - various over January 07
    Telephone call to offer full settlement - 14/2/07

  5. #5
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    Smonty Novitiate

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    Default Re: Help what do I do next????

    HI Guys,

    I have been in hospital over the past few days and have just come home today, no response from BOSicon re rejection letter.

    I am now ready to start court action as before I mentioned I am claiming £2465 and they offered £691

    I am in Scotland and am looking for the best way to go about court. I went to mcol and it stated i could only use this if I stay in England, do I need an address in England to us or can I simply use my own address and use banks England reg branch?

    what do you guys think will be the best option for me?

    Any one have any advice for me???

    Thanks


  6. #6
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    icklepeach Novitiate

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    Default Re: Help what do I do next????

    Hi Smonty

    I believe you have to have an English correspondence address. There are several threads on the proceedure for claiming in Scotland, including splitting it up so it's in £749 chunks.

    Sorry not to be more help.

    iPeach


  7. #7
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    alisonmcmorrin Novitiate

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    Default Re: Help what do I do next????

    You can claim through the scottish courts if it is between £750 and £1500 you can issue a Summary Clause.
    Try splitting the accounts into 2 dates i.e. 01/01/01 - 01/01/03 then 01/01/03-todays date.
    It costs £39 each time but you can claim it back.

    Are you claiming through Edinburgh?
    I emailed Tommy McLean and can send you a copy of the email, and it just reminded him about the extra costs if they don't pay out.
    Some people have bit the bullet and phoned and chased it.
    Good luck and if you need any help, let me know.
    Alison

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  8. #8
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    Default Re: Help what do I do next????

    Thanks for that Alison,

    I am claiming from Bank of Scotlandicon is Tommy not RBSicon?

    I am trying to find all the court stuff as ready to go that way now, what is the difference with a summary and normal case?


  9. #9
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    Default Re: Help what do I do next????

    Small claims is up to £750, summary clause is £750-£1500.
    Tommy is RBSicon.
    See
    Summary Cause Guidance Notes

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  10. #10
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    Dawnb Novitiate Dawnb's Avatar

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    Default Re: Help what do I do next????

    Quote Originally Posted by alisonmcmorrin View Post
    You can claim through the scottish courts if it is between £750 and £1500 you can issue a Summary Clause.
    Try splitting the accounts into 2 dates i.e. 01/01/01 - 01/01/03 then 01/01/03-todays date.
    It costs £39 each time but you can claim it back.

    Are you claiming through Edinburgh?
    I emailed Tommy McLean and can send you a copy of the email, and it just reminded him about the extra costs if they don't pay out.
    Some people have bit the bullet and phoned and chased it.
    Good luck and if you need any help, let me know.
    Alison
    hi alison, i was reading the above and i am waiting on a response from Mr mclean for a full settlement as well i was wondering if it was not too much bother if you could please send me a copy of the e-mail that you sent to him and i will try this.

    thanks
    d

    BOS-CC
    21.6.6 - DPL pstd, 24.7.6 - Plm Ltr £2928.77 ,01.8.6 - Ltr rcvd from BOS- fob OFF,04.8.6 - LBA pstd,06 - Sm Clms fr crt,12.9.6 - rcvd £868.35 part pymnt, £2198.67,12.9.6-ltr acptng pp and lba,
    31.10.6 - Sm clms fr crt
    BOS-Crt(2)
    21.6.6-DPL pstd,04.8.6-Plm Ltr £4824.93,24.8.6-LBA pstd
    RBS1
    24.7.6-DPL pstd,05.9.6-Plm ltr £3232.47,19.9.6-LBA,31.10.6-sm clms crt Won
    RBS2
    18.9.6-DPL pstd,08.11.06-plm ltr £1,138.51 Won

  11. #11
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    alisonmcmorrin Novitiate

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    Default Re: Help what do I do next????

    No bother Dawn, pm me your email address
    Alison
    PS What stage are you at??

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  12. #12
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    furzle Novitiate

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    Default Re: Help what do I do next????

    Hi Alison - I hope you don't mind me asking but I wondered what type of interesticon you claimed on your charges?

    7-11-06 Requested statements from bank
    11-11-06 Statements received
    3-2-07 Finally send letter demanding repayment of £1,993.81
    8-2-07 received first bog off letter - 'sorry to hear you are dissatisfied - passing you to customer services...'
    21-3-07 letter ofering full refund of charges (£1037) less the contractual interest. As have NOT filed to court yet, am accepting payment of charges.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE