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.
Will be sending initial letter to BOS on 17th, should get there 18th or 19th.
Asking for £2943 back so fingers crossed.
My hopes have been raised as another member got alot of £ back from Halifax.
I live in Scotland so would I be better to claim all back in one claim or go through multiple smaller claims?
Me a dumbass, should have posted this in the RBOS/BOS section!
MOD NOTE: NO WORRIES POST MOVED, AND TITLE DULY AMENDED
I am in the same boat as you m8.....i am in Scotland......and am claiming a little over £2000 now......my first claim for 721 plus 39 court fee plus interest is due next wednesday....then once this is done i will chuck in another ...and so on.....
IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW
Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage..... Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements Clydesdale Bank - Current Account - Awaiting statements
Yeah £39 each claim up to £750 claim......but you put it on your claim details that you are claiming it....ie
claiming £721.55 plus 8 % interest as allowed by county court act, plus fees
All my letters have been for full amount (started at £1968....now over £2000 with latest charges....
The only letter which i made different was letter before action...which stated full amount, then i explained that due to being under Scottish law and to keep the claim to the small claims court, i would be entering 3 seperate claims (not at the same time otherwise they can ask for them to be lumped together ie....once 1st claim is passed, then i will enter 2nd claim etc)
I am still awaiting reply to LBA...but i am prepared for them to query the 3 claims....and my defence would be that since the charges occurred over 60 seperate instances, i can put in 60 seperate claim if necessary, however i am choosing to lump these together into set periods...ie 1st claim is for March 2001 to August 2002....next claim will be for Sept 2002 to etc...
Hope this helps
IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW
Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage..... Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements Clydesdale Bank - Current Account - Awaiting statements
Tks for the ifo, I wasn't sure if my first letter should state full amount or not.
Seems like the first letter should.
My subsequent lba (likely to get that far) will then explain, as you say, that there will be multipe £750 claims totalling up to the full amount (including interest).
Remember....don't put all the claims in at one time, otherwise the bank could ask the court for them to be 'lumped' together, which would take it out of the small claims, which means you could be liable for costs etc....
However, all you have to say is that ...strictly speaking....you could put in each seperate charge as a single claim.......
IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW
Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage..... Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements Clydesdale Bank - Current Account - Awaiting statements
Need a few questions answered, claiming back £3000 (in Scotland):
1. If I claim 4 times, £750 each time, this will cost 4*£39 (£158).
No way of getting the bank to pay this if I win?
2. Is it an absolite certainty that in Scotland I can only claim back for 5yrs instead of 6 as in England?
Was wondering how your claim was going - think I am up to about £5000 from the Bank of Scotland. I live in England but my account is held in Scotland so have been reliably informed I must claim through the Scottish Courts System. A lawyer friend of mine (albeit in English law) recently told me that putting in multiple claims to keep below the £750 limit would be an abuse of process?! Have you heard anything to that effect?
I also live in England but my account is in Scotland.
I intend just to go straight through to a local county court, after all do they really want me taking several days off work + travel expense to attend a Court in Scotland?
there is no problem with putting in multiple claims, as long as you dont put them in all at once, otherwise the bank could ask for them to be heard as one case, which would take it out of the small claims court......i m on my first of 3 claims, and each fee (£39) will be added to claim, so that i get it back...
'abuse of process' ?? if i wanted, i could put in a claim for each seperate charge.....but i am trying to minimise losses by lumping them together, so if the bank want to play funny buggers then so could we......
IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW
Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage..... Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements Clydesdale Bank - Current Account - Awaiting statements
yeah....if u read about the forum it actually tells you what to put on the court papers...something along the line of:
'The pursuer claims from the defender the sum of £xx.xx with interest on that sum at the rate of 8% annually from the date of service (together with the expenses of bringing the action'
I think it's quite ironic that the court fee is £39, which is the same as the Halifax charges i am claiming back......i felt like saying to the court, that at least with the court fee, i feel i am getting value for money....lol
IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW
Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage..... Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements Clydesdale Bank - Current Account - Awaiting statements
Got a letter today saying, amongst other things:
1. I'm sure you appreciate, we incur costs... yada yada yada... and we believe it fair to pass these onto our customers.
2. We clearly outline our backing charges and are committed to complying with the Banking Cod...
3. Ultimately it's your responsibility to manage your accounts, but as a gesture of goodwill we'll refund £75 of the charges in a Full and final settlement of your complaint on this account.
Erm, no. £700 shortfall there.
They also say they have tried to contact me but don't have any phone details, which is utter crap as they have called me many times before.
Remember....don't put all the claims in at one time, otherwise the bank could ask the court for them to be 'lumped' together, which would take it out of the small claims, which means you could be liable for costs etc....
However, all you have to say is that ...strictly speaking....you could put in each seperate charge as a single claim.......
When you say at the same time, do you mean that we should wait until a case has been heard, or merely served? I can understand the point if I put in 4 on the same day, but what if I put each one in after the previous one has been acknowledged?
It's very confusing, knowing how best to proceed without taking months over claiming back a significant amount.
Bank of Scotland - £4000+ returned. Scottish resident, scottish accounts, but it's Halifax Bank of Scotland now, so took 'em to court in Halifax. One small claims, one defence filed, one refund of all charges + interest! Done and dusted.
Next - Capital One
Called the BOS as they had asked me to do so in letter that arrived a few days ago.
Told them I didn't accept their offer and they upped it to £250, but that was their maximum offer.
Told them I woudln't accept it and would proceed with court claim unless I received the full amount by Monday 22nd.
Thulsa vs Bank of Scotland
.
Reply With Quote
Originally Posted by scotia
