I'm helping my pal draft a claim for charges under Scottish law. Please could someone clarify a couple of questions as there seems to be no dedicated Scottish board ?

The total of all charges over the 6 years is just under £ 3000 including interest at 8%.

These are all listed as either ‘TOTAL CHARGES’ or ‘CHARGE’ on the online bank statements so I can’t break them down any further as they are non-specific.

As the limit in Scotland for small claims is £750, would my best route be to claim for amounts somewhere under the £750 as a single claim – say back to January 2005 and await the outcome before making a second claim and so on ? Or should I send say 4 or 5 separate claims at the same time ?

Cheers

Don't use the 8% unless it goes to court

I thnk that you hould be more discreet and handle one claim at a time.

If you sent multiple claims they might try to consolidate them

Don't use the 8% unless it goes to court

Thanks - I saw that in one of the stickies .. however I think the interest will be counted in the £750 limit so I will choose a date to go back to that allows for this when the reject my first letter and I have to make a claim.

I thnk that you hould be more discreet and handle one claim at a time.

 

If you sent multiple claims they might try to consolidate them

Thanks. I wonder if anyone has done this in Scotland already and been successful.

Thanks - I saw that in one of the stickies .. however I think the interest will be counted in the £750 limit so I will choose a date to go back to that allows for this when the reject my first letter and I have to make a claim

In English procedure, the Small Claim limit is calculated before interest and fixed costs are added.

Thanks - I saw that in one of the stickies .. however I think the interest will be counted in the £750 limit so I will choose a date to go back to that allows for this when the reject my first letter and I have to make a claim

.

 

In English procedure, the Small Claim limit is calculated before interest and fixed costs are added.

Thanks I'll try and confirm that one way or another.

Going back to my original post - do you think I should try and get thes 'total charge ' or 'charge' explained by requesting a proper breakdown over the last 6 years or do would it be worth just claiming stating these non-specific amounts ?

Also - given the person who this is for still has an overdraft , should I advise him to move everything to another bank account that he has already got before embarking on this ?

I have been reading around the site and doing searching but haven't yet found anything that's gives clear guidelines on this . Your input is much appreciated.

Just bumping this thread as we have now decided to start this claim via the English courts as the amounts involved are much larger than the 750.

More importantly, I also believe another Scottish memeber has successfully done this without using an English address, athough against another English based bank.

We held back initiating the first letter until this decision was made.

Please could the board guides advise if I should maintain a link in the new Scotland board ( under General ) as may have far-reaching implications to others in a similar situation but who do not bank with HSBC.

Thanks

Can anyone comment on my query on the explantion of 'charges' below ?

Going back to my original post - do you think I should try and get thes 'total charge ' or 'charge' explained by requesting a proper breakdown over the last 6 years or do would it be worth just claiming stating these non-specific amounts ?

 

Also - given the person who this is for still has an overdraft , should I advise him to move everything to another bank account that he has already got before embarking on this ?

 

I have been reading around the site and done various searches but haven't yet found anything that's gives clear guidelines on this . Your input is much appreciated.

With regard to the non specific charges I would be inclined to put them all in but add a bit to the bottom of your letter e.g.

It may well be, of course, that the amount of £ XXX is incorrect, and I am quite happy to stand corrected on the amount, and to accept a lower repayment, as long as you can provide evidence of it.

This is my opinion only tho so wait and see what others think!

Cheers

Woolfie

Hi

Have just found your thread, and am up against the same thing, HSBC customer in Scotland. Any advice you could give would be most helpful as the Scottish system is much harder to access without the use of a solicitor. You would seem to be much further along the line than myself, I have recently sent my LBA. Best of luck .

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