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.
Hi I am a Royal Bank of Scotland customer, living in Scotland and I'm hoping someone can help me as I'm getting confused with all the information and differences in Scottish and English Law.
I want to make a claim against the Royal Bank of Scotland for around £3780 in charges to my personal account and then the interest in addition to that amount, which takes the full claim to over £4000. (over 6 years)
I have written my Preliminary Letter but before sending I just want to make sure that I know exactly what my rights are because as it stands I don't!
1. Can I claim the full amount in one go?
2. I have had this account for over 20 years, does it matter that I have no copy
or recollection of ever seeing a contract from the bank?
Many thanks for your help....Nik
Dont send the letter untill you have had a good read of the FAQ's and a browse round the site! You would be ill advised to try and claim the full amount in one as the maximum for small claims up here is only £750. If you were to start an action for the full amount and if the bank was to defend (unlikely but always possible) then should you loose the expenses could be horrendous.
To defend this type of action may involve a full inspection of the banks accounts to prove they made a profit from your charges and this could involve the services of a forensic accountant. Now obviously the bank dont want this cause if it is proven then it will cost them possibly billions and certainly millions. However there is always the chance they may fight you in court.
I have spoken to a lawyer about the possibility of taking action in England and I am still awaiting an answer on that. There are issues with jurisdiction which need looked into.
The answer at the moment is to break your claim down into amounts of upto £750 which will allow you to take action in the small claims court. If you do a search on here for the word sever you will get plenty help. My own claim against RBOS is goin to be about £8000!!
If you have any other questions post them here and someone will try to help you.
Large personal claim - scotish law
customer, living in Scotland and I'm hoping someone can help me as I'm getting confused with all the information and differences in Scottish and English Law.
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