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.
The way i understand it is, unless you have an address in England, you can't use MCOL, you have to go through the sherrif court in Scotland, using either Small Claims (up to £750) or Summary Cause (up to £1500).
I went for Small Claims, and was going to split the claim into bits, but now wishing I'd gone for Summary Cause, as apparently the banks are getting wise to us splitting claims up and are telling on us!
Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!
BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court!
If you have a word processor installed on your computer, though you are probably best going: Small Claims Forms there for Small Claims, and downloading the Microsoft Word version of the form, and filling it in on the computer, or Summary Cause Forms there for Summary Cause, as the template that Scotia done on the above link takes you to a pdf version of the form which you have to print out and fill in by hand unless you have Adobe software installed, which would be unlikley!
HTH!
Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!
BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court!
Hi Flora.
Can you tell me what spreadsheet you are using for when you file your claim? I`m in Scotland as well and I really don`t want to mess up by using the wrong spreadsheet.
Thanks!
I am in Scotland as well. I used the ordinary spreadsheet, well the simple one which is in the library. Apparently some people in Scotland have not been getting paid intrest, and there was a thread somewhere (I forget which exact one) that said add the intrest into the total value of the claim and write :
"the claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimants account in the period from xx/xx/xx - xx/xx/xx along with 8% intrest for being deprived of the use of these funds, along with the costs of bringing this claim"
My claim has not been settled yet though, the HBOS completley ignored it, and I won by default, by have yet to get my decree out. I have had words with Rachel hinchliffe though, who is a litigation lawyer for HBoS and she is dealing with it. So basically if you do what i done and it dosen't work don't come looking for me, but Im sure the original thread I read said it was fine...
If you wish, I can scan in a picture of my claim papers, let me know.
Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!
BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court!
Hi. Thanks for that. I`m having trouble with that spreadsheet and wonder if you can help? When I try to type in my own details it says that the document is in "read only" format. Do you know where I`m going wrong?
Is this happening when you try and save the file again?
If so, close the spreadsheet, and right click its icon (as if you were going to open it, but right click it, instead of double left clicking) and chose properties.
A dialouge box will appear, and you will see "Attributes" at the bottom. If there is a tick in the box that says "Read-Only" remove the tick by clicking it. Once that box is empty, click "Apply" and "ok". Try opening, editing, saving the file again.
If it still dosent work, post back, and I'll think of something else!
Halifax Prelim letter sent 2/08 Fob off recv'd : 7/08, Settled 17/08, without LBA even being sent : £240 agreed, just £28 short of what we were claiming for!
BoS: All statments recieved, totalling £1,680 before intrest, 09/08 CCA Request sent to Hollis Briggs Solicitors, Prelim sent on 12/8. Hollis briggs never did reply to the S.A.R - (Subject Access Request). LBA has been sent, and action has begun in the small claims court! Return date 2/11, Prelim. hearing 9/11. Hollis Briggs have dropped the account, which is now back under BoS head office control! BoS ignored court claim, and din't reply at all. Spoke to rachel Hinchliffe, who said they did not recieve summons, now in her personal hands. 2/11 - Recieved noticed of debt collection on this account from Wescot, just more evidence of icompetency, and for court!
Scottish claims
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