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    • Hello,

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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scottish procedure


dtollan
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hi folks,

 

was wondering how different the procedure is in scotland compared to england or wales,

 

Having read through a lot of the threads i'm still a bit confused.

 

Do i send the letters to my bank (RBOS) informing them of the full amount i intend to claim, then.....when it comes to filling out the court claim forms...is that when i'd need to fill out seperate claims for each 750 quid.

 

eg.....if i was due 2000 quid, id fill out the 1st letters to the bank informing them thats how much i want....then come court claim time, do i need to lodge 2 claims each for 750 quid and 1 for 500 quid to get my full amount?

 

do i lodge them at the same time.....or 1 at a time.

 

all your help is greatly appreciated

**ROYAL BANK OF SCOTLAND

2/11/2006 - Sent S.A.R - (Subject Access Request)

16/11 - Statements Received (envelope slightly torn, no cover letter)

18/11 - Acknowledgement of S.A.R received

12/12 - Prelim Letter Sent Recorded Delivery To Local Branch

30/12 - Offer received for all charges minus interest

13/01/07 - Letter of rejection sent,along with new prelim (adjusted interest calculated)

29/01 - LBA sent recorded delivery

**NATIONWIDE**

5/11/06 - Sent S.A.R - (Subject Access Request)

13/11 - Acknowledgement of S.A.R received

23/11 - Statements Received (Special Delivery with cover letter, very impressed, good service)

12/12 - Prelim Sent Recorded Delivery To Local Branch

13/01/07 - New Prelim sent (adjusted interest calculations)

29/01 - LBA sent recorded delivery

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hey, just realised that in posting myoriginal thread.....related threads appeared below.....and these were useful...cheers for all the replies anyway...lol

**ROYAL BANK OF SCOTLAND

2/11/2006 - Sent S.A.R - (Subject Access Request)

16/11 - Statements Received (envelope slightly torn, no cover letter)

18/11 - Acknowledgement of S.A.R received

12/12 - Prelim Letter Sent Recorded Delivery To Local Branch

30/12 - Offer received for all charges minus interest

13/01/07 - Letter of rejection sent,along with new prelim (adjusted interest calculated)

29/01 - LBA sent recorded delivery

**NATIONWIDE**

5/11/06 - Sent S.A.R - (Subject Access Request)

13/11 - Acknowledgement of S.A.R received

23/11 - Statements Received (Special Delivery with cover letter, very impressed, good service)

12/12 - Prelim Sent Recorded Delivery To Local Branch

13/01/07 - New Prelim sent (adjusted interest calculations)

29/01 - LBA sent recorded delivery

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DT, you are right on how to proceed, except that you can claim under summary cause (upper limit £1500). And do not file more than one claim at a time. The court may decide to combine them, thus taking you out of the small claims/ summary cause safety net.

 

That said, you may not even get to the stage of filing a claim at court, so one step at a time mate.

 

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:D

 

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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  • 2 weeks later...

I have a similar problem as you because I am after BOS for £ 1680.00 Was told I could go for summery cause and drop the amount over £ 15.00 NO WAY I will not letthe B------s of with a penny for all the trouble they have caused. Anyway as I intent to win The bank will, pay the lawyers fees and him doing it will help. Incidently when I was in the court doing a couple of small claims one for COOP credit card would you beleive this morning I received a letter saying they apologised for the delay and had credited my account with he whole lot Namely £ 780.00 Best of luck let me know if I can help.

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  • 2 weeks later...

Hi,

I have sent off my claim to RBS and they came back with ....'It's going to take longer than the 14 days you have mentioned'. Do I send another letter stating that they have another 14 days to comply....ie the 'failure to respond letter?'

I know this sounds obvious but i'm starting to get a bit worried about doing this...and the ramifications.

 

Any help would be very much appreciated.

 

Regards

 

Grant

[email protected]

[email protected]

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hi grantybaz,

 

personally i would carry on within the time frames set out on this site.

 

anything outwith this is just stalling tactics by the banks. Really the reason (as far as i can see) for giving these deadlines is in order to satisfy the courts that you have acted reasonably (should it get this far).

 

I would ignore this stalling letter and carry on within your time frame. 14 days is a reasonable time for the banks to respond in.

 

besides how often have you told them that you cant pay such and such into your account until you get payed...then they charge you for not meeting a deadline!!....why should you be more generous than they are?..go for it!

 

If your starting to worry about the ramifications of your actions just read through the threads on this site and see how many people have won....just make sure that you have another account (with another bank) that you can use as they may decide to close your account....i'm planning to get in there first and close mine before they can...although it is my belief that even if they close your account it doesn't affect your credit score (maybe somebody, more in the know, could clarify that?)

 

also your e-mail addresses for your personal use, and presumably your work, are appearing at the bottom of your threads...i'd be tempted to avoid that. you never know who's reading this.

 

cheers

**ROYAL BANK OF SCOTLAND

2/11/2006 - Sent S.A.R - (Subject Access Request)

16/11 - Statements Received (envelope slightly torn, no cover letter)

18/11 - Acknowledgement of S.A.R received

12/12 - Prelim Letter Sent Recorded Delivery To Local Branch

30/12 - Offer received for all charges minus interest

13/01/07 - Letter of rejection sent,along with new prelim (adjusted interest calculated)

29/01 - LBA sent recorded delivery

**NATIONWIDE**

5/11/06 - Sent S.A.R - (Subject Access Request)

13/11 - Acknowledgement of S.A.R received

23/11 - Statements Received (Special Delivery with cover letter, very impressed, good service)

12/12 - Prelim Sent Recorded Delivery To Local Branch

13/01/07 - New Prelim sent (adjusted interest calculations)

29/01 - LBA sent recorded delivery

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I had a simillar situation Citi Financial wrote and told me they did not aggree with OFT's findings and therefore would not refund a ny charges so I wrote back and said not too waste time I would just go ahead and file a claim which I did. Beneficial (HFC) sent the same kind of letter so I said the same. Yesterday I received a letter offering me a goodwill gesture of £ 120.00 I was wanting £ 234.00 so I sent them a letter saying because hey took so long I had already filed a claim but would settle for £2 50.00 if they paid by return if not then it would cost more because I( would charge the whole cost of bringing the claim to trial. So don't let them get away with anything!!!!:p

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  • 3 weeks later...

Hi all! I've just started on the road to financial redemption and have sent my data protection letter to RBOS.

By my estimated reckoning I sould be due back a lot more than the 750 quid maximum allowed in Scotland so I'll be submitting more than one claim.

I'll keep you all posted on my progress and if anyone has any nuggets of advice/wisdom to light my path then I'd be very gratefull.

 

thanks in advance

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Further to my last message about beneficial recd. a letter saying they would pay me the £ 250.00 So you will see it pays to stick to your guns. By the way regards to my fight with BOS finally decided after talking to two lawyers that I have ended up filing a summary clause because the lawyers did not fill me with confidence about their handling h situation. So have filed but not heard anything yet. To those who think of splitting their suits to avoid the max £ 750. If you split then you have to wait until the first case is finished before you start the second or the judge will probably put them both together and you will be stuck!!! I would do as I did file £ 1500.00 sumary clause and later a small claim. The sumary clause is not bad the only thing different as far as I can remember is that you have to get a lawyer or sheriff officer to deliver the summons ( which I think is best as it only cost me £ 15.50 nd you know what lawyers can charge even though you will get it back when you win I do not like to be out of any excess funds)Best of luck let me kinow if I can help;.

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  • 2 months later...

I am confused as to which court to use, do not fancy doing it in dips and drabs by using the Scottish system small claims court at £750 per go. I am trying to claim £2267.00 and anyway I am too skint to go to any court at the moment (and am sure there are more charges to be levied shortly anyway) - has anybody used an internet lawyer instead for a result?

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hi, i havent used an internet lawyer....

 

i have an friends address in england that i'm using, meaning i can use the MCOL website or just file in the old fashioned way in an english court. limit in england for small claims is £5000.

 

hope this helps.

 

cheers

**ROYAL BANK OF SCOTLAND

2/11/2006 - Sent S.A.R - (Subject Access Request)

16/11 - Statements Received (envelope slightly torn, no cover letter)

18/11 - Acknowledgement of S.A.R received

12/12 - Prelim Letter Sent Recorded Delivery To Local Branch

30/12 - Offer received for all charges minus interest

13/01/07 - Letter of rejection sent,along with new prelim (adjusted interest calculated)

29/01 - LBA sent recorded delivery

**NATIONWIDE**

5/11/06 - Sent S.A.R - (Subject Access Request)

13/11 - Acknowledgement of S.A.R received

23/11 - Statements Received (Special Delivery with cover letter, very impressed, good service)

12/12 - Prelim Sent Recorded Delivery To Local Branch

13/01/07 - New Prelim sent (adjusted interest calculations)

29/01 - LBA sent recorded delivery

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Thanks dtollan, I do not have anyone in England that would 'lend' me an address. I think I will go to small claims (Scottish) court for £750, and when successful will have enough funds - and guts - to go to Summary Court. I am a bit scared of the Summary thing because I do not understand what is involved if I lose?? (Anybody know how much it costs to kick off and the ramifications if I lose?). I am after Alliance and Leicester and feel that the last 2 letters of request for refund was a pat-on-the-head-now-go-and-play type of letters. I do NOT feel like playing - not today anyway, and want my dosh back. I even had to take a loan out at one point because the charges were crippling me, and it was cheaper to pay off an unsecured loan at an extortionate rate than to take the monthly hammering from the bank. They really do keep us poor.:x

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Don't be frightened of the Sumary Court. I have been that route and in fact still at it against BOS ( Perth Sheriff Court) I can't remember what the cost is as I am on income support and do not have to apy anything. The first time I went to court ( BOS had stated they were going to defend the action) BOS did not have any representative at the court so the judge asked a lawyer to find out any thing. He Phoned the bank and they said they had lost the papers and asked for a two week continuance. Which the judge gave them even though I said I did not agree. Two weeks later at court they wanted to settle but I did not agree with the figures I wanted payment for travelling and loss of income etc. etc. I said I want £ 150.00 per day. The judge said he did not think I would get anything like that as it is the sheriff clerk who decides so he did a continuance for three weeks which comes up this Friday. In the meantime I lowered my figure to £ 75.00 per day ( three days including this Friday) and I asked for £ 500.00 for distress etc. But I did say I would settle for whatever the sheriff clerk decides!!! BOS did offer £ 1600.00 + sio we will see on Friday. I have three other cases against BOS and have had one credit card case settled in my favour. If I can be of further help let me know best of luck.

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Don't be worried about filing a summary case the only diference is that you hav to get a sheriff officer to hand the summons that cost me about £ 34.00 which I will get back no problem. Otherwise it is the same as a small claim court case you don't need a lawyer. Banks have a habit if saying that they will defend the action but it is a bit different when it comes to court I have not come up against any bank actually making a case most settle just before court day or even at the court. I enjoyed myself a couple of weeks ago when I was at court a chap before me was sueing B.O.S. and they had a young female Lawyer defending the judge asked the lawyer what she had to say and she replied that BOS had informed her that they thought their charges were fair and just :razz:whereupon judge told the lawyer go come back in two or three weeks (Ican't remember) I hope it was three weeks because that will be this Friday when I will be in court myself:razz: I guess the fellow had not been on this website as his case left a lot to be desired the judge told him to find out more about how to handle a case and get the wording correct. Unfortunately he left the court before I had a chance to speak to him

Any help I can give you just let me know

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Hi Don't worry about legal babble. There wont be any. The Scottish Sheriff Courts are there to help people like us they know we don't know all the legal jargon so they don't use it. There is nothing to worry about!!! You can act as dumb as you want and they will help you It does not matter if it is small claim or summary. One chap who was at court against BOS did not know how to prepare his case ( this is not difficult there are plenty of templates for you to follow at this website) and the judge told him to get advice how to proceed and gave him a couple of weeks continunce.

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Thanks Texel, that does make me feel a LOT more secure about doing it - if I can ask someone to give me some hints on a format to use(wording, smart phrases etc; the place/type of forms to be downloaded or sent for; and I would dearly love to know what kind of price is involved - I need to get this actioned this week, I have already sent the 2 letters the last one threatning court action, and got 2 refusals from the bank - I do NOT want them thinking they have called my bluff cause they would be SO WRONG! Anyone?

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Hi there

I have received my back issues of bank statements yesterday added them all up but have not included any interest (as not sure how to do this) any advice on what I should do next would be very grateful.

As I live in scotland and bank with the Bank of Scotland/ Halifax I have been following threads regarding claiming back bank charges in scotland and noticed that the small claims court only allow upto £750 I am wondering has anyone actually reclaimed over £3500 and won and if instead of having to appoint a soliciter to reclaim full amount, would it be better going with one of the many companies who do it all for you.

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Hi Katstel, This is how it is going so far for me (I am new as well). with my claim agains Alliance and Leceister.

 

1. I sent off first standard letter saying that I wished to claim back monies. Got standard brush off. 2. Sent off second letter with photocopies of all statements that I want to make the claim for (recorded delivery, it only cost about £2), with another standard letter saying I still wanted mony back and would be going to court - got longer standard brush off (and they replied within the week both times).

 

Downloaded form 1 and 1B (you must use this format for over £750, form 1 and 1A for under). There is a niffty link that allows you to type your information on one page and it fills in the other pages! - I will look out the link for you). To be sure I was going to the correct court I phoned the court up. In my case (Ayrshire) I go to Kilmarnock Sheriff Court. They did advice that some people were downloading the wrong 'statement of claim' and would send me the correct wording (which I shall post when I get it). They also advised that I DO NOT put my bank account number or sort code on the 'statement of claim'. They advised that I photocopy 2 sets of the bank statements that I am claiming and bring them along. It will cost a £39 fee to get the ball rolling when you take the paperwork to court.

 

This advice is regarding claims that are over £750. You can go up to £1500 (as I am doing) and it is the summary court. My claim is for more than £1500 but I will go back for the rest either via the small claims court or again through summary claims. They are still whacking on the charges as we speak and I am sure there will be enough for 2 battles! My bank is situated in England but I can claim in Scotland because they have branches here in Ayrshire (where I bank) and therefore come under the Ayrshire jurisdiction. ... All above is as acurate and as up-to-date as I can possibly make it for anyone following this thread.

 

The following links were sent to me - I think this is where I got the lead for downloading summary forms 1 and 1b. Good luck - I will be updating as the week unfolds.

 

 

 

 

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Thank you stepper

 

I also live in Ayrshire, and would be making claim in Kilmarnock .

 

I am wondering instead of having to make several claims of £1500 (would need to make 3 and also a small claims which would drag on) is there anyway to claim full total in a one of sweep.

My bank is the Bank of Scotland/Halifax.

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