hello,

Two weeks ago, i sent letter to RBS to claim penalty charges totalling £3,063.25

(wich include interest amount of £1,262.25).

I am based in scotland.

At this point i received no reply from Royal bank of Scotland.

i called them today and they told me that it will take up to ten working days again before they sent a reply to me.

i have heard that small claims amount limit in Scotland court are £750.

in case i have to go to court, how do i proceed ? do i have to open 5 claims ?

Any help/advise.comments welcome please.

i am at a loss.

I'm no expert in Scottish courts, but I do know you can't split your claim. The scottish courts are throwing out subsequent claims because you are abusing the system.

I would suggest you first of all do some reading. As far as I am aware there is plenty of information on the scottish courts and the scottish procedure, you just need to do your research. I will nudge a fellow scot that I know of over here to give you a little help.

so apparently, in scotland, the law is biased toward the banks.

for a claim amounting to £3000 :

1 - impossible to go for a small claim in court because the limit is £750

2 - cannot go for several claim because they will be rejected.

in other words, for us, poor scottish residents, the banks side prevails.

:-x:-x

I assume that you mean the two weeks are up since they received your letter? Which will have been your prelim complete with schedule of charges?

If so, the next stage will be your Letter Before Action, reiterating your intention to go down the Old Court Road.

HOWEVER. Yes, you ARE well over the limit for small claims in Scotland. BUT. I don't think this will be too much of a problem. Firstly, you are not claiming contractual interest. ANd are you just going back the 5 years too? If so, the news is probably quite good.

RBS are starting to settle claims based on the 5 years (6 in England) without contesting the claim. There IS a backlog at the moment, and there are even several tons of letters waiting to be sent out, but they need some kind of leaflet to be included which they have run out of.

So. You can continue down the route you are going, and in another couple of weeks try the court option. (Riskier in Scotland because you are out of small claims). OR. You could let them now that unless there is a substantive response by whenever, you will be raising a formal complaint with the Financial Ombudsman.

If you choose the latter route, be aware that you really should give RBS their full 8 weeks deadline so that the FOS can see that you have been reasonable. You should also make sure you let them know that if the FOS are unable to help both parties settle the dispute, you will then escalate the action to court level. But I don't think you'll need to go that far.

What you'll probably find is, they will offer slightly less than you have claimed (unless they find your calcs are wrong in your favour; they HAVE refunded more than was claimed for in a couple of cases.) If they do, my own PERSONAL advice would be to accept this, unless it differs vastly from your initial claim. If you went to court having rejected a slightly less than claimed for amount, it would not be looked upon favourably by the court, IMO. Bad news all round then.

Hope that's helpful anyway. Keep us up to date?

done claim for my daughter against halifax.

went to sheriff clarks office got a lot of help from the clerk of court he advised me to put in a summery cause summons claim this allows you to claim upto £1500.00 instead of several small claims summons claims and it is still the £39.00 fee you pay.

halifax did not challange and settled in full well before the calling date

hope this is of help top you

regards wulber