Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Sarrahk Novitiate

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    Exclamation sarrahk et al v. Halifax (BOS) thiefs

    HI, i am new of this halifaxicon forum (but old on HSBCicon who am in process of claiming against!!).

    I am in process of starting a claim for my Scottish boyfriend, based in Edinburgh against Halifax. We have already done DPA request and he looks to have approx 600 worth of charges over past 6 years, is it right though in scotland the statute of limitationsicon says 5 years only? Can someone please direct me to the scottish procedure for claiming, i am presuming it is fairly similar to England in any event?

    Any tips for Halifax... they certainly seem to bleed you dry charges are unreal!

    thanks x

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  2. #2
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    Default Re: sarrahk et al v. Halifax (BOS) thiefs

    It's a sub-forum under General. Good luck.


  3. #3
    Basic Account Holder Sarrahk Novitiate

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    Default Re: sarrahk et al v. Halifax (BOS) thiefs

    Thanks. Do you use the same prelim and LBA as for England & Wales (templatesicon on forum) & also if under 750 are proceedings still in small claimsicon court? am slightly confused by scottish civil court system!


  4. #4
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    Default Re: sarrahk et al v. Halifax (BOS) thiefs

    Hello sarrahk,

    Yes, use the same letters. Also, the limit in Scotland is 750, so you will be fine in small claimsicon.

    The limitations issue is a bit unclear at the moment, but in general, yes, the limitation in Scotland is 5 years. You could always go after halifaxicon in England.

    Everything you need to know about Small Claims in Scotland can be found here: [linkhttp://www.scotcourts.gov.uk/sheriff/small_claims/index.asp[/link]

    Good luck, and don't forget to keep us posted on your progress.

    also, I think this post is more of a 'Scottish' post than a 'Halifax' post, so I'm moving it to the Scottish forum.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  5. #5
    Basic Account Holder Sarrahk Novitiate

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    Question Re: Scottish small claims procedures

    Thanks. I am confused though, sorry if i am being dumb, if the account was opened & held in Edinburgh at halifaxicon BOS, doesnt the claim need to be filed through sheriffs small claimsicon court or could it be done thorugh money claim in England?? Very confusing!


  6. #6
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    Default Re: Scottish small claims procedures

    If he's in Edinburgh, you should use Scottish small claimsicon. you cannot use moneyclaim for this.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  7. #7
    Basic Account Holder Sarrahk Novitiate

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    Smile Re: Scottish small claims procedures

    Thanks for all your help, do you have a good contact for halifaxicon Bank of Scotland? I am going to try to send my prelim out today. can you also claim the 8% interest in the scottish small claimsicon court?


  8. #8
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    Default Re: Scottish small claims procedures

    Just address it to the bank, at their registered office. Their mailroom will direct it themselves. As a consumer you're not expected to know individuals within the organisation.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  9. #9
    Basic Account Holder Sarrahk Novitiate

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    Cool Re: Scottish small claims procedures

    Great and can you 8% interesticon in sheriffs court as you can in county courticon? I can see looks like you recovered charges + interest??? It is not very clear in guidance notes! Did you have to go all way through to court hearing stage or did they pay up once you issued paperwork?


  10. #10
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    Default Re: Scottish small claims procedures

    halifaxicon and Abbeyicon bottled out before it got to court. Natiowide was different because they were suing me.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  11. #11
    Basic Account Holder Sarrahk Novitiate

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    Default Re: Scottish small claims procedures

    crikey thats unusual, for consumer to be sued! sounds like you did good. The preliminary is going off today for halifaxicon.


  12. #12
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    Red face Re: Scottish small claims procedures

    Received a standard letter from halifaxicon in response to prelim.. saying it may take 4 weeks to investigate! I presume i just stick to my timetable as usual, i dont have to wait 4 weeks do i before i can send the lbaicon?!


  13. #13
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    Default Re: Scottish small claims procedures

    Absolutely. Your claim, your deadline. You need to keep the initiative.

    Don't forget to keep us posted on your progress.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  14. #14
    Basic Account Holder Sarrahk Novitiate

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    Angry Re: Scottish claim halifax- shocking offer!!

    We today received a shocking offer of a mere 96 from halifaxicon!! Goodness knows how they arrived at that figure.. its not even a fifth of the claim!! I am speechless!! :o

    They also gave their standard blurb of how they are entitled to levy charges but they will not provide us with a breakdown of costs!

    Anyway do we write and accept this as an interim payment and state that we will pursue for the rest still or do we just point blank refuse such a shocking amount!! HELP PLEASE! :-|


  15. #15
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    Default Re: Scottish small claims procedures

    If it were me, I would respond as follows:

    Dear sirs,

    Thank you for your letter of xxxxxx. I note all that you say. I do not accept your offer.

    Yours faithfully.

    Then get on with your court claim.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  16. #16
    Basic Account Holder Sarrahk Novitiate

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    Question Re: Scottish small claims procedures

    Is that not a little blunt?! I suppose it cuts to chase. I am presuming i must still send the lbaicon, as the last letter was only the prelim and expiry for that is next week? I thought it best to wait the full two weeks for the prelim though as that is what i said i would do before sending LBA, what do you think?
    I will send interim response however!


  17. #17
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    Default Re: Scottish small claims procedures

    It may be blunt, but it says exactly what it needs to. They know what they have to do in order to avoid a court case, so the rest is up to them. You could write screeds and screeds, but all that does is give them an opportunity to enter into a debate with you, which you don't want.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  18. #18
    Basic Account Holder Sarrahk Novitiate

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    Default Re: Scottish small claims procedures

    i have followed you advice given you record of wins! I am sending curt response today reminding them of deadline for prelim!


  19. #19
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    Default Re: Scottish small claims procedures

    Good for you.

    Robertxc v. Abbey - 3300 Settled in full
    Robertxc v. Clydesdale - 750 Settled in full
    Nationwide v. Robertxc - 2000 overdraft wiped out, Default removed by order of the sheriff
    Robertxc v. Style Card - Default removed by order of the sheriff
    Robertxc v. Abbey (1) - Data Protection Act action. 750 compensation
    Robertxc v. Abbey (2) - Data Protection Act action. 2000 compensation, default removed

    [B] The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
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  20. #20
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    Default Re: Scottish small claims procedures

    lbaicon sent to halifaxicon yesterday as no satisfactory reply to letter of 18/05



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