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killbi11

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  1. Thanks Bigmac, Your post about res judicata actually prompted me to try and put the claim in again. I'll just have to see if they defend it now KB
  2. Well, I went back to the Edinburgh Sheriff Court on 11th May and thought I would chance it by not mentioning anything with regards to a previous claim when I was submitting it. Turns out they have accepted my second claim and I got a letter in today with a return date at end of July. We'll see if BoS actually put in a defence or not with regards to the problems had by Clydesdale customers lately. It was a small claim so I am not going to be loosing anything really if it gets thrown out. To be honest, I'm just hoping that BoS will just settle on the return date as they did with my previous claim. Will keep you posted. KB
  3. Just to let you know, I have submitted a second claim on the same account against BoS through Edinburgh Sheriff Court. They originally said I couldn't put a second claim in on the same account but went back 2 weeks later and didn't mention anything about a previous claim. They took it and now I have a return date for end of July. We'll see what happens but at least they actually filed the claim I don't know whether this is actually a mistake on their part or whether Edinburgh Sheriff Court are actually accepting second claims on the same account again? KB
  4. Thanks for the advice guys, Can I assume I have exhausted the banks complaint procedure as I have sent them both a Prelim Letter and LBA and they have refused to refund the charges on both these requests? ie. can I go straight to the Financial Ombudsman Service now? OR...I work in Livingston. Is it worth me using the Livingston Sheriff Court to submit the claim and pretending it's my first claim?? If I submit another small claim instead of a summary clause, if they do defend the action and it gets dismissed, costs will be minimal.
  5. Hi Michael, Have a look at my thread I think the answer should be there:- http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/44970-killbi11-bank-scotland.html Regards, KB
  6. OK, I think I have run into a problem:- IMPORTANT INFO:- EDINBURGH SHERIFF COURT DOES NOT ACCEPT SPLIT CLAIMS ON SAME ACCOUNT I went to hand in my summary clause action for the remaining £1091 of bank charges I have. He asked me if I had claimed before and I said that I had (under small claim) and he said that the court is not accepting additional claims once the first one has been settled on the same account. The reason he gave was that second claims were being defended in court (he did not say for which banks) and that the judge was dismissing the claim and awarding costs to the defendant (bank). The grounds for this he said was that the whole amount claimed should be claimed at once. I have a few questions for some of the people here:- 1. Can they actually prevent you from putting in a claim (is it not your right to do this?)? 2. Has anyone experienced this and if so what did you do? 3. Would putting a small claim or summary clause into another court be worthwhile (ie. would I win?) I thought this was going a bit too smoothly...does anyone have any help or advice??? Thanks.
  7. Well, today got a letter from Bank of Scotland claiming no responsibility etc etc and have re-imbursed me fully for my first claim - £1037.48 (includes interest @ 8% and costs) The return date was today so it looks like they wait right up until the return date to settle your claim. Just checked my account and money has been credited to my account! I now have £1091 left to claim. Instead of putting a 3rd claim in after this I am going to go the Summary Clause route as you can claim up to £1500 and this will settle all my bank charges up to date. Firstly, I need to send off a 'Form 11' to the Sheriff Court to advise them the first claim has been settled. Best get it in the post today. Can anyone tell me if they have had any trouble with the Summary Clause route in Scotland? KB
  8. Well, I got a settlement offer from BoS offering me about £500 less than I was claiming for. I also got the confirmation letter from the Sheriff Clerk that the summons had been served. Now, first of all, I am not accepting the settlement offer BoS have made. I have drafted them a nice letter which contained the following:- The only problem I have with this is the hearing date is in April!! Surely the courts can't be this busy! Would like to know if anyone's had the same problem in Edinburgh. Anyway, it seems to be progressing. Hopefully the BoS will settle my claim in full before the return date, but then again, I doubt it. KB
  9. Good Luck Maroon, I'll be watching this as I think I'll be taking my next claim through Summary Clause. KB
  10. roryroo, The best thing is to put all the details of your claim on a new thread. But apart from that, I think it is best you use the 'Summary Clause' action. This means you can claim below £1500. It costs the same (£39) as 'Small Claims' but there are larger costs if you lose (which is not really an option to be honest). This means you can split your claims into divitions of £1500 rather than £750 (small claim). Also, I would not submit the claims all at once. You need to wait for the first claim to be settled and then submit the next one. I know it is a bit of a long drawn-out process but unfortunately we dont have the same privilages in this area our neighbours in England have. KB
  11. Hey Squeeky, I've handed my court papers in and here are the changes I was told to make :- http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/44970-killbi11-bank-scotland.html KB
  12. Vagabond, To be honest the interest of £296 on a £740 claim sounds about right from the date you quote. If you have submitted court papers you should have the charges and the interest itemised on a seperate sheet which should have been submitted with the court papers. Use the following link to work out the interest and list your charges that you are claiming for. I used the 'Simple' spreadsheet which is much easier to understand:- http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Hi Maroon, To be honest I thought about this but I can wait for the money. I know the risk is near zero for any court costs to be paid etc but I have it all worked out in my head now so I don't want to deviate from my 'plan' Thanks for the info Looking at it though, I will probably submit my next claim as a 'Summary Clause' to get it all finished in the next claim. KB
  13. roryroo, I have had no reply to my LBA which I sent on 09/01/07. I have filed court claim today. Killbi11
  14. Hi, Just to let you know, I only had to submit Form1 & 1b (and a cheque made payable to 'Scottish Court Services' for £39) at the Sheriff Court (Edinburgh). They said they did not need Form 1a. This link provides both the forms you need to lodge the claim(s): http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form1b.pdf You can submit forms by post or by hand to your local Sheriff Court. One thing I did wrong was to put the defendants address as the correspondance address I used for the previous letters (BoS Dunfermline Customer Services address). This is wrong. You need to make sure the defendants address is in the same district as the court you are lodging it in (ie. your local branch address). I used the same wording as in the following useful post:- http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html BUT the guy at the court made me change a few things from the above post:- 1. Box 4 on Form 1 he said I should put:- "(i) The pursuer claims from the defender the sum of £XXX" (basic amount of charges - under £750) "(ii) Interest of £XXX from to at 8% annually" 2. Box 7 on Form 1 he asked I add at the bottom:- "Total amount of the claim is £XXX (amount of charges + interest amount) plus expenses" Remember, on each claim, you are only claiming for the charges which make up the charges stated on each claim (under £750 for Small Claims) so focus on these specific ones for each claim. Once one claim has been settled then you can lodge the next claim (if you have more than £750 of charges) and then the next etc etc Good luck!
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