Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


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  1. #1
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    fruitycar Novitiate



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    Default Re: Help needed re Scottish court

    You are correct, the small claimsicon 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 claimsicon, then go back and start again fot the remaining amount when the first claim is settled.

    Similar Threads:
    Bank of Scotland round 1: 740 + costs settled, still sore over the 8% grrr
    Bank of Scotland round 2: 629 +101.15 interest +39 costs settled.
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  2. #2
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    SR7133 Novitiate SR7133's Avatar



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    Default Re: Help needed re Scottish court

    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

    Royal Bank of Scotland - Settled - Full Amount
    GE Money - Settled - Full Amount
    Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs
    Clydesdale Bank - Settled - Full Amount + Interest + Court Costs
    Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount
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  3. #3
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    matthews mum Novitiate



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    Default Re: Help needed re Scottish court

    Quote Originally Posted by unicorn96
    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 claimsicon 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 claimsicon 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.


  4. #4
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    Giveitback Novitiate



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    Default Re: Help needed re Scottish court

    not sure the small claimsicon 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.

    BoS:- D P A sent 09/06 Prelim. request 29/06 1755 plus interest
    1st claim Filed 5/10/06 SETTLED 19/10 747.80 plus 534.31 interest
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  5. #5
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    Default Re: Help needed re Scottish court

    It is not applicable in Scotland though there is plenty of helpful info here:-small claims

    BOS

    Claim No.3 for 589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!
    Claim No.4:- claiming 1507.00, Court Papers submitted 5/4 !
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  6. #6
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    Default Re: Help needed re Scottish court

    It does say England& Wales only!

    BOS

    Claim No.3 for 589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!
    Claim No.4:- claiming 1507.00, Court Papers submitted 5/4 !
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  7. #7
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    Default Re: Help needed re Scottish court

    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?

    Hearing date 04/12/06 - Halifax 399.62
    Hearing date 04/12/06 - Cap One 167.21
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  8. #8
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    Giveitback Novitiate



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    Default Re: Help needed re Scottish court

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

    BoS:- D P A sent 09/06 Prelim. request 29/06 1755 plus interest
    1st claim Filed 5/10/06 SETTLED 19/10 747.80 plus 534.31 interest
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  9. #9
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    Default Re: Help needed re Scottish court

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

    BOS

    Claim No.3 for 589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!
    Claim No.4:- claiming 1507.00, Court Papers submitted 5/4 !
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  10. #10
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    Default Re: Help needed re Scottish court

    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 requesticon) 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.

    BOS

    Claim No.3 for 589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!
    Claim No.4:- claiming 1507.00, Court Papers submitted 5/4 !
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  11. #11
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    Default Re: Help needed re Scottish court

    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

    14/09/2006 - Data Protection Act letter sent to my bank.............here goes
    28/09/2006 - Statements received through the post. Charges appear to be in the region of 2000
    04/10/2006 - Prelim letter sent for charges of 2037
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  12. #12
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    Default Re: Help needed re Scottish court

    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 claimsicon 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!

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  13. #13
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    Default Re: Help needed re Scottish court

    Hi, Shearec.

    You can claim up to 1,500.(Summary Cause) Then after they settle that claim, put in another(small claimicon) up to 750. Both claims will cost you 39.00. With the small claimicon 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.

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  14. #14
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    Default Re: Help needed re Scottish court

    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.

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