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Hi new to the forum. I have received charges adding interest I am sitting at over 10k. Thought I had got my head round it all. ie can only claim 5 years etc. Now I have read the 20 year thread and though if I out line my story some of you members will pass on your kind advise.
Me and hubby first to admin we spent more than we should have in the past but with, redundency, losing jobs due to ill health, baby's and our house being distroyed and not being covered by our house insurance we are in a wee bit of a mess. Anyway thats a brief overview of the last 10 years and we have just worked hard to get through it and I found out through mse about this site!!
So .. current situation is we have 3 accounts with rbos. I requested copy of 6 years statements for my accounts and sent of chq. 10 for each account. They cashed one chq and only sent details of one account (our main account). So I wanted to now send for the other accounts. Should I take the bull by the horns and go for the 20 years statements for all accounts? This money will be life changing for me. (made redundent last year - took out PP and they won't payout!! small technical detail - not much I can do about it so been trying to keep out heads above water).
I am not the sharpest tool in the shed and can't seem to find info on bigger claims 500-1500 small claims so does this mean I will go to the sherif court for 10k?
I read also that if you claim for more than one account as a time this may cause a problem - any info would be appreciated.
Can I also add what a great community there is on this site. Everyone giving there time and advice for free. And most importantly support and encouragement. It has been said when you give willing you will get double back and it looks that way with all your claims being settled.
Welcome aboard, I do not know the scottish system i'm afraid, but it sounds like you need to get things started.
If you dont combine all the claims you may be able to to keep some/ all of them in the small claims arena, (in england thats up to £5,000) not sure about scotland.
Did you use the Data Protection Letter to ask for the statements btw.
Sorry i couldn't be of more help.
Any advise offered is my own opinion, and if in doubt, always seek clarification.
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I think your one ten pound fee covers all accounts and data that the bank has on you whether it is current accounts, business accounts, credit cards, loans. All covered by Data Act.
As regards your sume claiming. If sum is less than 1500 without interest then you can claim as summary claim in sheriff court and if you lose this claim, you will not be responsible for costs and expenses of other side. If your claim is for more thn 1500, then it is another step up and you would be advised to use lawyer and if you lose you will be responsibel for other sides costs. Given that you may wish to claim for 10k, then the bank may be content with defending using lawyers and experst witnesses to rebut your claims which you would win in lower amount claimed.
You can only at the moment claim for lkast five years from the date of your first letter in scotland, but if you had english addrwss then you could raise claim in english court wheere the 1500 in scotland equates to 5000 in england. One of the CAG members hired a PO Box in Preston and raised avction against scottish bank in england. The bank communicated with him not to his PO Box, but to his scottish address and laso paid up without going to court.
Hope most of this is correct
Hi, I don't think you necessarily NEED a solicitor for the amount you are claiming, our is just under 8k and we're splitting it into £1500 chunks for summary cause. The bank may point out to the court that your claim should be Ordinary Cause in which case you will need a solicitor, but your fees would be considerably larger in this case and they know they are probably going to lose so why would they risk it? On the flip side, if you lose then your costs are considerable, it's alot less risky to do a Summary cause (or10!) this is why most people do.
IMPORTANT, THIS INFO HAS IMPLICATIONS, PLEASE SEE POST #9!!
Plenty of people are successful going down the summary cause route without the need for a solicitor, infact I read somewhere that the only case that has been lost against the banks is one which was an Ordinary Cause action involving a solicitor, the claimant said that by the time it reached the court stage his solicitor had lost interest!!(pardon the pun)
Hi Bigrannty
Would just like to tell you we live in Scotland and have had successful claims using summerry cause which allows you to claim £1500.Our claim was for just over £5000 after putting in another claim i phoned them up to see how my claim was coming on and spoke to a really nice chap who said oh you are claiming in Scotland and have to make numerous claims,lets see what we can do for you,he put me on hold then came back and said right don't issue anymore court claims as we are going to pay you in full,so i am watching my account for a nice deposit.So what i am getting to is i personally would put in a summery cause claim or 2 then phone them up.Remember this is my opinion only.
Willmurr6
I'm sure someone will come along and correct me if i'm wrong but the way I see it is this, you stick to your timetable, if you have given the bank 14 days to respond, then move onto the next stage of your claim after 14 days are up. (you're not in the wrong, they are the defender here!) You've let them know your intentions and once you raise a court action they'll take you seriously, they're just stalling.
The only time i've heard 8 weeks being mentioned is if you are considering going down the fos route*, the bank then have 8 weeks to issue their final response, but it's 8 weeks from when they were first made aware of your claim against them, ie when they received your prelim, not 8 weeks from whenever they feel like it!
I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.
RBOS claim for more than 10k scottish claim
I am sitting at over 10k. Thought I had got my head round it all. ie can only claim 5 years etc. Now I have read the 20 year thread and though if I out line my story some of you members will pass on your kind advise.
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Re: RBOS claim for more thank 10k scottish claim
but the way I see it is this, you stick to your timetable, if you have given the bank 14 days to respond, then move onto the next stage of your claim after 14 days are up. (you're not in the wrong, they are the defender here!) You've let them know your intentions and once you raise a court action they'll take you seriously, they're just stalling.