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mckay

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Everything posted by mckay

  1. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Im due in court on Tues 15th May with my 3rd claim against Bank of Scotland. Just off the phone to the court and they have said that the bank still have not informed them whether thay are going to defend or not. The court sent a Decree out last night so I will probably see that when I get home tonight. The clerk has advised me to fill in this Decree asking for the full amount to be paid as they havent replied but warned me that they can still reply up to the court date depending on whether the judge accepts their excuse for being late. Looks like I am going to get my money back by default! Has anyone else been in this position? Should I be celebrating quite yet?
  3. Just found a very helpful post by robertxc here http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/8605-ally_bally-bos-10-700-a.html?highlight=ordinary+action (about half way down) This is exactly what I was looking for! Maybe should be added to the FAQ's as it is hard to find any information on ordinary actions on this site.
  4. Sorry, I cant help but just thought I'd give it a little bump cos i'm interested in the reply! Good Luck
  5. Is your account with the Halifax or Bank of Scotland? Does it matter? Sorry for all the questions but could I then take my claim up in an English court even though the account is with the Bank of Scotland in a Scottish Branch and I live in Scotland?
  6. Thanks for the reply My legal knowledge and experience is a few weeks of reading posts and guidance notes on here! I live in Scotland I have read through the FAQ's and I can only find info on small claims and summary causes but as I live in Scotland the maximum for small claims is £750! It also says in the FAQ's that there are some advantages to claiming outside the small claims track, what are these advantages? I havent a clue what frame pleas-in-law or arranging service of writs mean! Does this only have to be done for an ordinary cause or is this needed for a summary cause as well?
  7. I am currently putting together a letter to Bank of Scotland to claim back just over £3500 in bank charges. I have read through all the FAQ's and have searched through loads of posts to find the best course of action. I have also tried reading the info on the Scottish Courts website but I am finding it hard to understand. Also there are no guidance notes for the ordinary cause. I know in an ordinary cause I would be liable for the banks expenses if I lost but this is a risk I am willing to take to avoid the hassle of 5 separate claims. Can anyone who can understand the differences in the small claims, summary cause and ordinary causes please explain in simple terms what the differences are? Thanks
  8. Got a letter in this morning The bank are not accepting liability but for commercial reasons (ie, it would cost them more money to defend it) they have decided to refund £513 to my account!! Thanks to this site and bank charges hell for giving me the confidence to go for it! If anybody is in any doubt about taking the bank to court, dont worry.... if I can do it anybody can!
  9. I sent my claim away last month and got it back with a note saying I had to say which court has jurisdiction. I sent back that since I reside in North Lanarkshire then Airdrie Sheriff Court has jurisdiction. I received it back again this morning with a note saying that jurisdiction is normally based on where the defender resides, as I do not fall into the consumer contracts category. So what do I do? Do I have to go to the court nearest to Bank of Scotland's Head Office in Edinburgh? I thought this claim was being raised through consumer contract law?
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