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If anyone is in the Aberdeenshire area and contemplating the Ordinary Cause route, I am wondering if it would be useful to appoint one solicitor to handle all similar claims.
I'm not sure how all this would work out in practice. I'm just testing the waters, so to speak.
Other viewpoints would be much appreciated. I've already consulted a solicitor up here, and don't think he'd object if there was more business put his way. I'm just unsure how practical this idea might be.
you might be seriously struggling to get a solicitor to take the case ,
I speak for experience
Small claims and Summary cause several times ... worked for me
But splitting the claim seems to be risky now. Some courts are rejecting subsequent claims as an abuse of process. So I might get my first £1500, but I could well be stuffed when trying for the rest.
No firm in Glasgow or Edinburgh will touch them because of a signed agreement , I have heard of the abuse of process rulings. I believe Kilmarnock court is one of them . Which are the other courts?
This has been discussed here before at length.
The recent announcements by Judges that they will not entertain multiple claims on the same account as a way round the 750 cap,has been disturbing though not suprising.
Following my contact with the fos I was informed that they are able to order repayments of up to 100k,and its interesting to see that every case they have dealt with has been successful with the banks paying out in full.
Criteria for FOS assistance is that no litigation has been started and that all normal complaints routes have been exhausted.
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But, I think the guidelines for the banks to respond to your complaint is 8 weeks? In which case, I'll give them that time to respond, then bang a complaint off to the fos. If no joy there, then I'll start proceedings.
Amazing how it only takes one post to make rethink the direction I should be taking. Cheers for that Martin. (Although it seems to go against the general advice of the site, though?)
Actually you can do it in 4 weeks....simply send the prelim and the lba....instead of Court action after the lba simply contact the fos instead.
You could also add in your Lba that you will be contacting the FOS.
The problems with the Scottish system have only recently come to light....there was some earlier successes in multiple claims.
Although the FOS are busy dealing with a workload...I still think that in many cases the FOS route could be quicker than waiting months for litigation to draw near to hearing dates at which point the banks usually pay.
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I've sent my lba already, so what I'll do is write them another letter at the end of their time limit telling them my next step will be the fos. IF they don't pay up, that is.
That way, the FOS will see I've been reasonable and have exhausted all other avenues, and even given them a full eight weeks, which I believe they recommend you do anyway.
I do think though, that we'll see a rash of offers once the OFT report comes out, based on their recommendations. Doesn't matter a damn though, as it'll still only be a recommendation, and not law, so I'll still be chasing the full amount.
RBS in Aberdeenshire - combine OC claims?
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Re: RBS in Aberdeenshire - combine OC claims?
