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First of all a leeetle bit embarrassng that I need to post this as I am a Scottish qualifed solicitor not practising just now this is my excuse for my cluelessness hee hee.
First of all am I right in thinking that I can raise the action in any Sheriff Court in Scotland provided the bank have a place of business within the Sheriffdom, and not (a) in the Sheriff Court covering the bank's head office or (b) in the Sheriff Court covering the area where I have the account? Our accounts are in 3 separate branches but I want just to raise all our actions in Paisley Sheriff Court.
Second, matthews dad is at the stage of raising his actions. His charges exceed the summary cause ceiling so he was going to raise 2 actions. I have "advised" him against raising both at the same time or near each other in case the bank apply to have the claims "rolled" together and therefore fall under the Ordinary Cause rules. Am I correct in my worry that this could happen? Also the summary cause limit of £1500, does this relate only to the principal sum or does it have to include the interest?
Also I will have to instruct Sheriff Officers to serve the summonses as I am not practising ATM. I take it the Sheriff Officers can serve these postally ie at £12 cost as opposed to the £40 or so it would cost to have them serve it personally?
Re: A few questions re raising actions in Scotland
Hi Matthew's mum, I was just reading your questions and hoped you (or anyone else?) might be able to answer one of mine. I am claiming just under £1500 back from BOS and would like to know if it would be best to make one Summary Cause claim or two Small Claims? I understand that the expenses payable for a small claim would be limited, but does the Summary Cause procedure work in the same way? How much do I stand to lose from each of these two options if my claims are unsuccessful?
Re: A few questions re raising actions in Scotland
Hi, I'd go down the Summary Cause route. You will get your money a lot faster than spliting two small claims. I was told if you loose using Summary Cause the most you would loose was hundreds rather than thousands !
My first claim against BOS was for £720 plus interest plus £39 court fee.
They phoned me on my court return date to make sure I had received their offer of the full amount claimed. I had and accepted it.
This morning I went down to Edinburgh Sheriff Court and filed my first Summary Cause claim. The sheriffs clerk said I would have to be the most unluckiest person on the planet if I lost my claim as he had yet to hear of a case that had went to court. They have all been settled before the court date set. The only thing with Summary Cause is that the court will send your papers back to you and you will have to get a Sheriff's Officer to serve your claim on the bank. Was told this would cost about £15.
Also you cannot go over the £1,500.00 Limit.
Oh Miss Universe, You will get more help if you start your own post, this one will get lost.
Hope this helps
Best wishes.
Scott.
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A few questions re raising actions in Scotland
not practising just now this is my excuse for my cluelessness hee hee.
?
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Re: A few questions re raising actions in Scotland
