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Please can anyone help with this. I am wanting to claim against RBOS in Aberdeen for about £2500. Spoke to the sheriffs court this morning for advice and they have said that if i want to claim for the full amount in one go i would have to get a solicitor to represent me. I could devide my claim into 2 amounts of say £1250, but was warned to be carefull beacuse it had been known for the judge to be difficult and throw the claims out.
It would be great to hear from anyone who has 'been there, done that' so to speak so i would have some idea what to prepare for or any advice.
Pauline
Hi, Pauline,
I've just sent my second claim against the Bank of Scotland,
My first claim was a 'small claim' max £750. I claimed for £720 and they paid my £720 plus interest plus My court fee. My second claim is a 'Summary Cause' claim max £1,500. I beleive that when the Sheriff Court return my papers I have to employ a Lawyer or Sheriff's Officer to serve the claim. I've heard they can charge anything between £15 and £50 but I take it I can claim that back from the bank. There is someone on this site who has won 2 Summary Cause claims, I think here name on the site is Mairi. Have a look for her post and this should keep you straight.I think you have to have an English postal address to claim online.
Best wishes.
Scott.
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Thanks for your reply. I spoke to the sheriffs court this morning and they explained i would need a solicitor for an Ordinary Cause, but didn't mention that you need one for a Summary Clause. I dont think you do, but i might be wrong, but i've not seen that anywhere on here. I received this info as well which is extremely handy to know:-
'If it was ANYONE but the RBS I'd say split it, and do a Summary Cause x 2, but I've heard they are forsing 'full & final' settlements to head off split actions, and they're doing it at the very last minute - effectively painting the pursuer into a corner. You might find this kind of brinkmanship too wearing - and the Ordinary Action saves on this problem, especially as you'd get all your fees back. I think your tactics shgould be two-pronged - write to the RBS saying a stalemate has been reached and having discussed it with your solicitor, are prepring to raise an Ordinary Action at XXX Court. Add that as the expenses using this court track can be sonsiderable, you give them one last chance to reconsider. You then check out a few Solicitors, asking how much they'd charge to raise an OA, against the RBS and for an hour or so in court. Spme will offer a fixed price for this, and refer to the CAG website for any research they might require. It's a little more footwork, but it can keep the price down. Explain to them that you planned to raise a Summary Cause yourself, but wondered how much more they want for an OA as you'd like to claim in full. Some won;t do it because they'll bank with the RBS (!) others won't care at all!
I will look on Mairi site as well. Good luck keep in touch Pauline
Yes for a £2500 claim you'd need a solicitor due to the procedure involved. If I were you I'd consider splitting your claim chronologically eg do the oldest ones first (as they'll time bar soonest) up to £1500 and then when that is settled raise the 2nd action.
Scottish Court Procedure for Larger Claims
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