I am currently putting together a letter to Bank of Scotland to claim back just over £3500 in bank charges.

I have read through all the FAQ's and have searched through loads of posts to find the best course of action.

I have also tried reading the info on the Scottish Courts website but I am finding it hard to understand. Also there are no guidance notes for the ordinary cause.

I know in an ordinary cause I would be liable for the banks expenses if I lost but this is a risk I am willing to take to avoid the hassle of 5 separate claims.

Can anyone who can understand the differences in the small claims, summary cause and ordinary causes please explain in simple terms what the differences are?

Thanks

What is your legal knowledge and experience like? You would have to be able to frame pleas-in-law and statement of facts? Also you would have to arrange service of writ yourself (via sheriff officers or solicitors).

Can I ask where you live. BTW the reason no-one responded quickly was probably due to the fact that they prefer you read the FAQs first!

Thanks for the reply

My legal knowledge and experience is a few weeks of reading posts and guidance notes on here!

I live in Scotland

I have read through the FAQ's and I can only find info on small claims and summary causes but as I live in Scotland the maximum for small claims is £750!

It also says in the FAQ's that there are some advantages to claiming outside the small claims track, what are these advantages?

If you keep your claim value under £5000 then the case should stay on the County Court Small Claims Track. This way, if you lose, you shouldn't be liable for costs.

However, there are actually some advantages to claiming above £5000 - this is discussed in greater detail on the forums.

I havent a clue what frame pleas-in-law or arranging service of writs mean!

Does this only have to be done for an ordinary cause or is this needed for a summary cause as well?

The quote about £5,000 relates to English, not Scottish law.

FWIW, I'm in Scotland, dealing with HBOS, and I'm using the English court in Halifax. All seems to be going as normal at the moment (Acknowledged with intention to defend 10th July).

Is your account with the Halifax or Bank of Scotland?

Does it matter?

Sorry for all the questions but could I then take my claim up in an English court even though the account is with the Bank of Scotland in a Scottish Branch and I live in Scotland?

Just found a very helpful post by robertxc here http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/8605-ally_bally-bos-10-700-a.html?highlight=ordinary+action (about half way down)

This is exactly what I was looking for!

Maybe should be added to the FAQ's as it is hard to find any information on ordinary actions on this site.