If i take RBS to Small Claims Court (for the 2nd time, its a long story !!!) for 2 separate claims, one for £230 and the other for £450 and i LOSE, what would be the maxium i would have to pay in costs to them.

They basically failed to fulfill their promise after i advised the court to cancel the summons as they had agreed to pay. They refuse to pay by cheque and have payed into my accounts to which i no longer have access. I am going to claim again via the courts and leave it in the hands of a judge to decide.

Demand access to those accounts. Go into your local branch with identification and empty the accounts.

Unfortunately i cant. I owe money on them and if they put the money into the accounts then it would only go toward paying off what i owe them, thats why i want a cheque. just wanting to know the max i could be charged for costs if i lose. I need a judge to decide if they were being deceitful by not disclosing how they intended to pay me. i always said i wanted a chque even on my summons, but they refuse and have put the money into my accounts instead.

Call your court and ask them if they could bring your case back to court. Ask them if they can recover the costs from the other side as they have not complied with the court claim properly.

Will phone them and see what i can do

Thanks

Phoned the court. They said my hearing is due this Thursday and if i want to go ahead with the claim, just to let them know by Wednesday and they will let it go ahead. I will send 1 final e-mail to RBS solicitors tonight telling them this and then if they dont play ball i suppose i will just have to go to court. Really scary. Could pay from about £70-200 in costs depending. Do you think its worth it.

Definately worth it.

Don't forget: The Bank doesn't want to go to court. Communicate to the bank your demands, tell them that the hearing is going ahead on Thursday.

Don't forget: You will get all of your court costs back.

Read the library 'Preparing for Court' - Just in case!

Unicorn,

Maximum amount of expenses in a small claim is £75, so not £200.

Couldn't help but notice that you appear to have been paid though, albeit in a manner you did not wish. You appear to be in prime lawyer's territory. If you owe the bank money have you considered the fact that they may raise a counterclaim against you on Thursday?

Whether it is worth it might depend on how much you owe on the account.

Thanks and have done just that. Sent this mail to RBS solicitors.

I am in receipt of your e-mail dated 1st Dec 06 and again i reiterate i asked for settlement to be made by cheque and this has not happened. It was your choice to credit my accounts unasked and i would respectfully suggest you reverse any credit and make payment by the method i outlined in all my correspondence.

As previously advised, should you wish to raise an action with regard to my other accounts, this will be treated as a separate matter and challanged accordingly. If it is not your intention to provide the cheque's originally requested, then my action will continue.

I have today spoken to my solicitor, Leslie Deans & Co in Edinburgh for advice regarding this matter, and he has advised me that i should continue with court proceedings and let a judge decide. I have also spoken to the Aberdeen Sheriff Court this afternoon regarding the Summons, of which the hearing is due this Thursday 7th December 2006 and i have until Wednesday 6th December 06 in the morning, to let them know if i wish to proceed with the hearing. I do not have to start again with a new summons, all i have to do is advise you that i will be going ahead with the proceedings and turn up in court at 10am on the 7th.

I would also advise that i have no intention of being intimidated by your actions and would urge you to provide the funds as promised without further delay. If i do not hear from you to the contrary before 12pm on Wednesday 6th Dec 06, i will advise the court that i will be appearing to continue with my claim.

Will wait and see

x

Hi Advocate

see my above mail. will just have to see who scares first. have already been trying to sort out payment to RBS M/C but they want more each month than i can afford at the moment. will have to wait and see.

The sheriff courts are not known for their consistency. Much depends on the sheriff you get. This may go for you, but perhaps not.

If you are claming on account X and you owe them money on account X, they have a right to make a counterclaim against you. Depending on the amount you owe, there is a possibility that they could seek to have the case remitted to the ordinary cause roll. There is no limit on the expenses here as there is for the small claims route, although it is always possible to ask to have the other party's expenses "taxed" to ensure that an unsuccessful party is not paying over the top for expensive lawyers used by the Banks.

It may be the case that if you owe them money on any account, they could still counterclaim, although I would have to refresh my memory of the rules on this area.

You appear determined, I only hope this does not turn out to be a bad experience for you.

Thank you for your advice. Will wait and see what happens with my e-mail. I can always hold this off till after christmas, i dont have to go ahead with the hearing if i dont want to. Would just have to start again with a small claim. I am determined, but scared at the same time. I have a written arrangement with RBS and pay back ..... each month to my accounts that i owe money on.