Hi Folks

I sent my LBA 2wks ago and the 14 day deadline was Monday 22nd February. I have never received any form of acknowledgement for the preliminary letter I sent first nor the LBA letter. both letters were sent by registered post. How bad is that for them not to reply!!!:grin:

I have since spoken to the court and they gave me the site for downloading the necessary form to lodge my small claims but I have a few queries that I would be grateful if you could advise me on as follows:

1. Is it enough to enter on the form the full address of my branch of Bank of Scotland or do I have to enter the name of a specific person?

2. I have to include details of the money that I am claiming so I guess that I attach a copy of the spreadsheet that I included with my preliminary and LBA letter. Am I correct in what I am assuming?

3. I am totally lost with the interest that I now need to apply. I believe it to be 8%. I am claiming £926 in bank charges but I don't understand why I now have to add on interest and what am I supposed to add the interest on to

4. On the spreadsheet detailing all my bank charges do I then add the £39 small claims fee?

I appreciate all your help and i'm sorry that I am not grasping this whole concept!!!

Regards to you all

Scott

Hi, Scott.

1. Just put Bank Of Scotland as it's them you are claiming, not a certain person.

2. When you file your claim you must add on the interest to your spreadsheet.

3. On the spreadsheet your interest is added on for you.

4. In box 4 on the court form I put:

1. The persuer claims from the defender the sum of £xxx.xx

2. £xxx.xx. Interest from xx/xx/xx to xx/xx/xx/ (Your dates)

3. I then wrote: Plus the expense of bringing the action.

Hope this helps.

Regards.

Scott.

Hi Folks

 

I sent my LBA 2wks ago and the 14 day deadline was Monday 22nd February. I have never received any form of acknowledgement for the preliminary letter I sent first nor the LBA letter. both letters were sent by registered post. How bad is that for them not to reply!!!:grin:

 

It's not all that rare, they are very busy after all.

 

I have since spoken to the court and they gave me the site for downloading the necessary form to lodge my small claims but I have a few queries that I would be grateful if you could advise me on as follows:

 

1. Is it enough to enter on the form the full address of my branch of Bank of Scotland or do I have to enter the name of a specific person?

 

You are not suing your branch, use the following address on the form (you should be using a Form 1 Summary Cause Summons) and you do not need anybody's name.

 

Bank of Scotland

THE MOUND

EDINBURGH

EH1 1YZ

 

2. I have to include details of the money that I am claiming so I guess that I attach a copy of the spreadsheet that I included with my preliminary and LBA letter. Am I correct in what I am assuming?

 

Yes and also include copies of your Prelim and LBA too.

 

3. I am totally lost with the interest that I now need to apply. I believe it to be 8%. I am claiming £926 in bank charges but I don't understand why I now have to add on interest and what am I supposed to add the interest on to

 

The spreadsheet should calculate the interest for you. The interest is added to each charge by the spreadsheet as you enter it, although for the purposes of the Prelim and LBA you do not include this interest.

 

4. On the spreadsheet detailing all my bank charges do I then add the £39 small claims fee?

 

Not on the spreadsheet, that is just for your charges, the fee is entered in box 4 of Form 1

 

The fee

 

I appreciate all your help and i'm sorry that I am not grasping this whole concept!!!

 

Regards to you all

Scott

Also, look here for further information.

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

Many thanks for the very useful and informative information Scott and Hagenuk. I do feel much more confident about what I need to do.

Thanks again

Scott

Hi folks

Just stumbled over another issue. When you go via the small claims route (which in Scotland is upto £750) does that £750 include the interest or is it £750 then you can add the interest on top of that???

Your help would be appreciated.

Many thanks

Scott

Hi Scott,

Small Claims is £750 plus interest plus costs. You can claim using Summary Cause almost identicle, still costs you £39 court fee. You can claim up to £1,500 Plus interest plus costs. When you file your claimn at court you pay your £39 then the court will send your papers back to you and you have to get a Sheriffs Officer to serve them, this cost me £15.97. The court will give you a list of local Sheriff's Officers you can use. I just won my first Summary Cause claim against Capital One. They payed up about three weeks after I served my claim.(£1,111.94).

Regards.

Scott.