So far...

DPA letter sent

Recieved letter saying £10 for statements, said ok.

They gave me statements for nothing as a gesture of goodwill.

Added up charges wrote to them asking for them. £1200.

Stated that as a good will gesture they would give me £110 and forget about it..but future charges would stand & they could close my account.

Sent the letter to say I was going to court in 14 days.

Filled in Form 1 for sheriff court, one for £1000 the other for £400. as this is under the £750 + interest..

The next day got a letter from BOS to say that they would give me £330 and the same conditions would apply as above..

Next day got a letter from Sheriff court saying that

1. That court is the wrong one for me...irrelevant

2. That I did not state why I thought the charges were unfair.

3. Why was I not asking for the £1400 through a summary cause as this was under the £1500.

What should I do next? anyone know?

Onwards and upwards

GK

Hi Gk

1.. Did you add "the defender has a branch in my area therefore juristiction comes under this court"

2.. What did you put in your statement of claim?

3.. You need to go back to the court and see if they can advise.

You should only issue 1 claim at a time, wait till first one is settled before doing the 2nd. Maybe they will let you amend things, but i am really not sure.

If you're going for 1400 then you should have issued summ cause, or split claim into 2 lots of £750.

Go to the court on Monday, before they serve any summons and see what they say.

good luck

mairi

Hi mairi,

Thanks very much for your advise. The court has sent back the claim for me to adjust, so I can use your points, cheers...

The branch in the area is brilliant..cheers..

and only claiming one at a time is great also....

The claim was abit open to abuse as I just put down I felt it was unfair and listed the charges! I will clear up and resubmit...Any good terminology would be appreciated!

Thanks again..

PS how did you get on with your claims...?

Hi Gkiss,

Use this link, Scotia has a post here; (link not working its in the guidance notes under scottish procedure,and near the top of the scottish forum.)

this is a copy of small claim wording, just change the dates and detail. This is what i used almost word for word.

Won 2 small claims, one for me one for my OH, and i've just had my dates in for my next claim. This time Summ cause,woooooow.

Have you decided to go for small claim or summ cause?

small calim up to £750 or Summ cause £750-£1500.

they're is a slightly diff procedure for summ cause,but more or less the same.you could use Scotias post for both.

Anymore questions then just ask

mairi

i am sure i have read somewhere on this site that if you attempt to put in two claims at once then the court will add the two ammounts together which is probably why they are saying... a) you should ask for summary cause and b) its the wrong court