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.
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I'm one unhappy customer! Started proceedings against BOS before Christmas after reading about other claims on the Martin Lawrence website. I must be one of very few sad people to have kept all my statements and therefore had no need to request copies. Judging by others' stories it's just as well I did!
So, I sent an initial request for the full amount of £1420 (including interest) on 15th Dec 06, heard nothing by mid Jan, so sent my lba recorded delivery on 17th Jan 07. Both of these went to my own branch.
I recently received a letter from my branch (dated 22nd Jan) saying they have passed my letter to the Customer Relations dept who will respond to me directly. I have heard nothing else.
Because the 7 days I gave them are up, I will be proceeding with a claim through the courts. However, I'm still unsure about how exactly I should go about this. I suppose my first decision is whether to go for two Small Claims, or one Summary Cause. I've heard arguments on the side of both, i.e. I'll probably get the money quicker with a Summary Cause, but the Small Claims seem to carry less risk - financially speaking. Any advice from anyone out there?
My first claim against BOS was Small Claims, which I won. My second is Summary Cause, due in court early March. The sheriff clerk in Edinburgh told me i'd have to be the most unluckiest person on the planet if I ended up in court. Said I could loose somewhere in the high hundreds but thought this was very very unlikley. You are right about the almost no risk with Small Claims, I think all you would loose was your £39.00 court fee.
Its really up to you, how quick do you need the cash ?
Best wishes with your claim or claim's.
Regards.
Scott.
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Hi,
Thanks for the advice. Not too bothered about getting the money fast, I mean hey, they've had it for the last 4 years, a few more weeks wont make much difference!
So, I think I'll go for small claims option, but my next problem is, my lba stated that I'd be claiming the full £1420 though the courts. Does it matter if I now put in two separate claims for smaller amounts, instead of one claim for the full amount? I mean, should I have treated the two small claims entirely separately, with two separate LBA's, etc?
small claim for £750 (only ever one at the same time) when you get settled then send fresh lba only which gives another 14 days then court again, hope this helps, good luck.
OK, couple more questions - as my first lba (to which I have had no reply) stated the figure £1420, should I send another LBA quoting a figure under £750, or just go right ahead and claim?
Secondly, is the £750 figure for small claims before or after interest?
Thirdly, would I be right in thinking I just need to fill in form 1b?
And finally, can anyone advise on how I should fill this in, i.e. direct me towards some previous threads on the same subject?
OK, couple more questions - as my first lba (to which I have had no reply) stated the figure £1420, should I send another LBA quoting a figure under £750, or just go right ahead and claim?
No the prelim and lba should state all charges.
Secondly, is the £750 figure for small claims before or after interest?
Before judicial interest of 8% can be added at court,but mind and mention it in your POC.
Thirdly, would I be right in thinking I just need to fill in form 1b?
No you need to fill in form 1 and 1b and have an attached schedule of charges to both these forms.
And finally, can anyone advise on how I should fill this in, i.e. direct me towards some previous threads on the same subject?
The courts are very helpfull regarding filling these forms in, however when you are readyto do this give me a shout and i will help you.
Thanks for the answers! I'm now attempting to fill in small claim forms 1 and 1b, and I've just noticed that my first charge was in June 2001. Am I correct in thinking that the Scottish courts only allow claims up to 5 years ago, rather than 6?
Also, what should I put in the 'Action for/of' section? I've heard other threads mention 'furthcoming' but haven't a clue what this means. Or is it simply 'payment' I should be after?
Next, in the 'defender' section, should I put the branch to which I sent my prelim and lba (i.e. my local branch)? They've apparently passed my letter to 'Customer Relations' but I've had no contact with them.
In section 4, 'Claim' I've entered:
The Pursuer claims from the defender the sum of £739.00 with interest on that sum at the rate of 8% annually from the date of service (together with the expenses of bringing the action).
Is this correct?
And finally, I've seen some great threads with examples of what I should enter in the POC section, but I can't find them now! Any advice?
BoS-tards took my money - now I want it back!
before Christmas after reading about other claims on the Martin Lawrence website. I must be one of very few sad people to have kept all my statements and therefore had no need to request copies. Judging by others' stories it's just as well I did!
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