You are correct, the Small claims limit is £750, Summary Cause is for amounts £750-£1500 but carries more cost to you if you lose.

You can sever your claim in to £750 chunks, by date, or by type of charge or any other suitable division you can think of.

The choice is yours whether to sever or go summary cause.

You can request your full amount of charges back in your preliminary letter and your LBA and then submit a claim for upto £750 small claims, then go back and start again fot the remaining amount when the first claim is settled.

I think what the OFT actually said was that they would not prosecute Credit Card companies if they charged up to £12.

That being said the charges are simply not legal whether it is £12 or £20. I took on Tesco Credit Card for all the charges they had taken and won.

My advice, for what its worth, is to go for the full amount of the charges - the interest calculations only kick in when you lodge your claim at the court & not in any of the initial letters.

Hope this helps - if you want more help use the forum or PM me

SR7133

I have spent a few weeks looking over this site to try and make sure i am doing the right things. As i am claiming charges in Scotland, i belive that i you can claim up to £750 in the small claims court. Please can anyone advise, if its over £750 where do you start. Do you fill in a Summary Clause ?. I'm a little confused. Can anyone help me

Thanks

Pauline

Hi yes

for claims up to £750 you use Small Claims procedure. For claims between £750 and £1500 you use Summary Cause. As already been said, whichever one you use if your claim is over the £750 mark is up to you - you can divide it into however so many chunks of £750 or less.

Pros of doing it this way ie Small Claims - IF the case went to court and you lost, your expenses would be limited to a max of £75. It therefore costs banks much more to defend these actions than they'd get back in expenses even if they won, therefore notwithstanding the legal arguments it' s generally uneconomic for them to defend these.

Cons - if you are raising eg 2 court actions you would initially need to incur 2 x £39 in court warranting dues rather than just one. OK you would be able to claim this back but it could still be a consideration.

Conversely, while using Summary Cause procedure means you would only incur one set of court warranting dues, IF you were to lose the case in court the expenses implications are much worse.

HTH.

not sure the small claims book works in Scotland, which I believe is where you are. However, you can lodge your claim through the englishcourts, if it is BoS you're after.

It is not applicable in Scotland though there is plenty of helpful info here:-Small Claims

It does say England& Wales only!

Can you please give me some advice - live in scotland and want to make a claim in court against capital one - someone else on here has stated that as they dont have an office here in scotland i have to submit my claim through an english court - is this correct?

My understanding is that you can raise the claim where you are in small claims. Check the ''Scotland' threads

You can claim the full amount of each charge eg.£35.

Great.Thanks for that.Once i get through my first claim, i will know how to claim from other institutions. First time is always scary !! lol

__________________

Thats what I was originally going to do but I read a lot of threads and a lot more banks were starting to take ages to respond to the Data Protection Act S.A.R - (Subject Access Request) so I think even if you are going to wait until after your first claim is finished before starting another one it is worth DPA'ing them this now so you have the statements through and you don't have to wait ages at a later date.

I'm not an expert at all Unicorn but i think from what i've read you go with YOUR timetable............not theirs.

Good luck

Sorry but I'm very confused. I am raising an action against A&L for £1700 in Scotland. one thread says that I should divide this up to fit into small claims and other advises that this could be struck out which means that i would incur the court costs and asked to re file.

What should I do? if I take out a summary case how much will this be, will I have to get a solicitor and will I be able to claim the full £1700 on a summary.

Help is much appreciated!

Hi, Shearec.

You can claim up to £1,500.(Summary Cause) Then after they settle that claim, put in another(Small Claim) up to £750. Both claims will cost you £39.00. With the small claim the Court will do everthing for you. With the Summary Cause the court will return your papers to you and you will have to take them to a Sheriff's Officer to serve the claim for you, this cost me £15.97. All costs you can claim back from your bank. The court will send you a list of local Sheriff's Officers you can use. Why get a solicitor when you can do everthing yourself without paying out to much money, which you will get back.

Best wishes with your claim's.

Regards.

Scott.

Thanks so much for that. One more thing - sorry. do u know anything about the interest charged in the Vampress scottish schedule? I have added everything up and it's calculated the interest automatically which is interest on unlawfully deducted items but then adds judicial interest - can i claim both and for the judicial do I just add 8% to the full amount?

Sorry I just want to get it right first time and am a little confused and nervous.