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
    Basic Account Holder ally_bally Novitiate



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    Default BOS - 3700 in 2.5 years!

    Hi all

    Been reading this site for a while but only just decided to take action. After paying my inital 5 for copy statements I received the last 2.5 years immediately (all that they had on the current system). Have just totalled the charges up on this and it is over 3700. I knew it was bad but nothing could have made me believe it was quite this horrific.

    I intend to go through the remainder of the 6 yearsicon this evening before sending off my letter. Unfortunately although I am based in England my account is still held at the Paisley branch of the BOS. A relative works for the Scottish Court system and after investigating this it looks as though I will have to go through the Scottish Courts which is dissapointing due to the small claimsicon limit. Am still awaiting advice on whether I am able to process multiple claims but will keep you up to date on my progress.

    Seems like a lot of effort but small fry for the amount of money I have been charged!


  2. #2
    Basic Account Holder fruitycar Novitiate



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    read up on Summary Cause claims. These are still heard in the sherriffs' court, with or without representation (as far as I understand !), for claims upto the value of 5000 http://www.scotcourts.gov.uk/sheriff...ance_notes.asp
    hope this helps


  3. #3
    Basic Account Holder fruitycar Novitiate



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    sorry that should be 1500 for summary cause claims.


  4. #4
    Basic Account Holder hlk01 Novitiate



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    I think you are liable for costs in a Summary Clause case if you lose. Not sure if there's a limit but it's worth finding out as some people may not be willing to persue this route if that's the case.

    I spoke to somone at Glasgow Sheriff court yesterday and they suggested I could try and lodge a cliam in England against a Head Office. He said if it came under 'Civil Jurisdiction and Judgments Act 1982' then there shouldn't be a problem.

    After googling this act and reading various things I was none the wisaer, perhaps one of our more legal minded bods could take a look ?

    Their is an explanation of Summary Clause costs in part 4 of the guide in the link provided about bu fruitcar or her http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/guidance_04.PDFicon[/url]


  5. #5
    Gold Account Holder Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc's Avatar



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    Your profile says you're in London, is this right? If so, then as a consumer you can sue them in the court nearest you - and if that happens to be an English one, then the limit is 5k


  6. #6
    Basic Account Holder kaiser_solsay Novitiate



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    I have started a claim using the Summary Cause Summons option...will keep you posted on its progress for your reference.

    The total is for 900 + 8%apr + costs.

    I have additonal claims however that are over the 1,500 threshold.....anyone know the prodedure in Scotland for claiming above this amount??

    Kaiser


  7. #7
    Gold Account Holder Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc Highly informative Robertxc's Avatar



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    Yes. Get a lawyer.

    Seriously though, the Sheriff will be very helpful and understanding if you are in small claimsicon, but if you want to raise an Ordinary Action you will need to have everything right, which is very difficult if you're not a lawyer. This has been a bug bear of mine for a long time. I spend a lot of my spare time in court making sure I don't get screwed over by big companies, and I feel that the way the Scottish courts system is set up, with their highly technical jargon and archaic expressions, is simply intended as a barrier to entry for anyone who isn't a lawyer or an Advocate.

    In a nutshell, if you want justice outwith the Small Claims track, you are going to have to pay for it. As a guide, any lawyer will probably want between £700 and £1,000 up front just to prepare the papers and start the ball rolling. If the bank defends it, and you have to go to court (unlikely, but definitly possible), you can probably add another £2,000 - £3,000 to the bill.

    In the event that you win, you will be awarded costs, which are laid down in a tariff set by The Law Society Of Scotland (i.e £xxx for preparing for hearing yyyy, £xxxx for attending court, and so on). In practice this means that you are only likely to recover about 66% of your costs in the event that you win. As a rule, I've noticed that when claims are settled out of court, they tend to be done so on the basis of 'with no costs due by or to either party', which means exactly what it says, so if your claim was for £4,000 and the bank settled, you would still have to pay your lawyer the initial fee.

    Perhaps a better approach is to start with the earliest charge, and work your way forward adding up charges until you reach £750. You then claim these from thr bank, and in the event that you win, you then go on to the next £750 worth of charges, and so on. It is likely that by this point the bank will get the idea, and offer you a settlement in full. The banana skin to watch for here is that if they offer to settle the first lot, they will probably try get you to agree that it is 'Full and finalicon for all disputes ever' (or words to that effect), which you obviously won't agree to.

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  8. #8
    Basic Account Holder ally_bally Novitiate



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    Default ally_bally vs BoS - 10,700!!

    Hi folks

    Sat down last night with 6 yearsicon worth of statements and finally added them all up - grim reading at over 10,700 in 6 years!

    I have read all the FAQ's and am quietly confident but one or two things I would love clarification on if anyone has been in a similar circumstance. Firstly I live in England and acount is in Scotland but as I am the consumer I believe it is my right to go to my local court?

    Secondly as I am talking of reclaiming such a large sum of money I am so concious of the small claimsicon limit so I will initally be putting in a claim for 5000 (with interest on top obviously) and am imagining the prudent thing to do is go back to the furthest statements that I can and work my way up?

    Am sending the letter to the bank today requesting repayment and I presume I should ask for the full amount and then drop it to 5000 should it come to formal court proceedings!

    Sorry if these things have already been answered -I have been looking for solutions but don't want to get it wrong as we are talking serious amounts of money!!

    Wish me luck - god knows I will need it!

    A
    x


  9. #9
    Basic Account Holder ally_bally Novitiate



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    Default Re: ally_bally vs BoS - 10,700!!

    Thanks for the messages so far and apologies - forgot I had started another thread!

    I intend to go to Court in London which is where I am based and to stay within the small claimsicon track.

    Will post off my initial request for payment over the weekend and keep you up to date.

    Thanks again
    x


  10. #10
    Basic Account Holder dinghy Informative dinghy Informative dinghy Informative dinghy's Avatar



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    Default Re: ally_bally vs BoS - 10,700!!

    How do you intend to split your claim ?

    IMHO doing it by date is probably not the best of ways...

    Try splitting it according to the different types of charge (ie excess od / bounced DDicon / bounced cheque etc...)

    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.
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  11. #11
    Basic Account Holder kermit200376 Novitiate



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    Default Re: ally_bally vs BoS - 10,700!!

    does anyone have a templateicon for ordinary cause writs? I have just had mine returned by the coourt for not completing it properly.



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