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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    Question Martin v Bank of Scotland

    Hi All,

    I have been gathering information off the site for a number of weeks, and finally sent of my claims last week. I thought I'd gotten a grip on the procedures involved (Scottish Law) but have read something which I'm now worried about.

    As my total claim is for around 1500, I split it into three years worth of charges. I have read in another thread that once you have taken a company to a small claimsicon court, you cannot sue this company again.

    Also, part two of my claim is also with BOS, but for my business account. I sent my initial claim in on 14/09/06 and received a call from my business manager two days later. He is adamant that all legislation regarding charges only apply to personal accounts. The call was almost bullying, and it has made me more determined to take this all the way - if I can. Again, I have made three individual claims for the last three years.

    Any help or advice on these two problems would be most welcome.

    Martin

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  2. #2

    Default Re: Martin v Bank of Scotland

    Quote Originally Posted by mwilson
    Hi All,

    I have been gathering information off the site for a number of weeks, and finally sent of my claims last week. I thought I'd gotten a grip on the procedures involved (Scottish Law) but have read something which I'm now worried about.

    As my total claim is for around 1500, I split it into three years worth of charges. I have read in another thread that once you have taken a company to a small claimsicon court, you cannot sue this company again.

    Also, part two of my claim is also with BOS, but for my business account. I sent my initial claim in on 14/09/06 and received a call from my business manager two days later. He is adamant that all legislation regarding charges only apply to personal accounts. The call was almost bullying, and it has made me more determined to take this all the way - if I can. Again, I have made three individual claims for the last three years.

    Any help or advice on these two problems would be most welcome.

    Martin
    hi you can sue them again

    read karnevils thread ref business account, you can claim


    you can do the claim as a whole as well.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.
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  3. #3
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    Default Re: Martin v Bank of Scotland

    Hi All

    I have just completed my lbaicon to BOS for my personal account. Can anyone tell me if there is a specific lbaicon for a business account claim as I can't seem to find one in the templates.

    Thanks

    Martin


  4. #4
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    Question Re: Martin v Bank of Scotland

    Hi Everyone

    Just asking a question to get things right in my head before going any further.

    I sent my initial letter on 14.09.06. I got a rude phone callicon and then heard nothing further. I then sent the lbaicon on 28.09.06 and have again heard nothing.

    At this point, I should now be going ahead with some court action, is this correct? Should I be sending a letter informing them court action is imminent, or have they had all their warnings?

    Any help to ease the nerves at this point would be very welcome.

    Thanks

    Martin


  5. #5
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    Default Re: Martin v Bank of Scotland

    I would say its time for Court action. They've had plenty of time to respond.

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  6. #6
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    Question Re: Martin v Bank of Scotland

    Hi

    Court it is then!!

    Because of our small claimsicon proceedures, I have split my claim into individual years at around 600 each. Should I do one claim at a time, or hit them with all 4 years claims at once?

    Martin


  7. #7
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    Default Re: Martin v Bank of Scotland

    I think its better to do one at a time. Thats what Im doing personally.

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  8. #8
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    Default Re: Martin v Bank of Scotland

    dont do them all at once........if you do that the court can instruct for them to be combined, and that will take you over small claimsicon threshold (this is likely to happen).

    As a halfway house, why ot go summary cause which allows you up to 1500?

    J

    1/9/06 RBS claim #1
    8/11/06 - claim settled
    17/11 claim #2 started - incl creditcard
    30/11 - CC statements received
    31/11 - Prelims issued - RBS paying up, only M/C to go)

    If any of my advice/ info has been helpful, please click the scales

    Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
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  9. #9
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    Default Re: Martin v Bank of Scotland

    I haven't read anything about summary clause. Is this not a more costly and risky alternative to the small claimsicon route?

    Martin


  10. #10
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    Default Re: Martin v Bank of Scotland

    Im pretty certain it costs the same as small claimsicon but that if, by some mad chance, the bank did win you could be liable for costs. As far as Im aware small claimsicon has not cost risk other than the 39.00 you pay.

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  11. #11
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    Default Re: Martin v Bank of Scotland

    Cost is the same (I think) at 39.

    The main difference is that should you lose, then the court may decide you are liable for the bank's legal costs. That said, it is highly unlikely any judge would order and individual to pay the costs of a company such as a bank. Anyway That's assuming it even gets to court - which it will almost certainly not.

    In other words, risk? very very small. I will be going down this route if needs be, as have a great many others and the administration (form filling) is almost identical too.

    At the end of the day, its your call, but I certainly know what route I will pursue.

    Hope this helps.

    j

    1/9/06 RBS claim #1
    8/11/06 - claim settled
    17/11 claim #2 started - incl creditcard
    30/11 - CC statements received
    31/11 - Prelims issued - RBS paying up, only M/C to go)

    If any of my advice/ info has been helpful, please click the scales

    Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
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