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Everything posted by edinburgh_al

  1. As is stated on the court documentation, contact the court the day after the return date. The best thing to do is to call at the court with all the documentation - the clerk will help you with what you then have to do. If the bank have failed to respond then note that the case will not call. The clerk will help you file for decree: this will be issued 15 days after the calling date assuming no further legal manouevres by the bank. Alan
  2. Well I sent of the Incidental Application the other day however BC have now offered to settle in full based on my original estimated claim. There is little difference in the two amounts so I will therefore be accepting their kind offer. Cheers!
  3. **WON** Barclays phoned at Lunchtime to advised me money in my account. As an added bonus got home this evening to find a further letter from Barclays offering to settle my Barclaycard claim in full! What a day!!
  4. If the head Office of your branch is in Scotland then use that. Otherwise use your local branch if there is one. I was advised to do this by the clerk at Edinburgh Sheriff Court. Alan
  5. I have a Small Claim [in Scotland] pending against Barclaycard which was based on estimated charges. Barclaycard have advised that they intend to defend the claim - calling date is 22/05. Since filing the claim, I have received the missing statements and do therefore have an accurate figure. Can anyone offer advise on whether I should make an incidental application to alter the amount of the claim?
  6. Finally received the decree from the court today. Have now written to Barclays requesting that they settle by 5:00pm next Friday otherwise I will take steps to have the order enforced. Don't think I've ever enjoyed writing a letter as much:) Alan
  7. As noted above it's much the same as Small Claims and no more difficult with the exception that you have to get a Sheriff Officer to serve the Summons. You should however be aware that if the case were to go to court and you were to lose then you may be made liable for the bank's costs in defending the action. The Summary Cause route is then slightly more risky, however on the evidence to date the chances of the case going to court are minimal. Barclays failed to respond to my Summary Cause summons and decree should have been issued today. When the papers are received tomorrow I can then employ a Sheriff Officer to enforce the judgment [by sending in the bailiffs if necessary]. I could of course call Barclays and point out that they owe me £X and may want to pay up without further delay but where would be the fun in that.
  8. Well Barclays failed to respond. I should now receive judgement 15 days after the calling date of 10/04 [assuming Barclays don't try and stop this as I believe they can still do]. So, should hopefully have my cash by the end of the month. Alan
  9. The return date for my Summary Cause claim against Barclays is fast approaching [03/04]. While I hope of course that Barclays pay up at some point over the next 10 days or so, I suppose I need to start thinking about getting ready for the preliminary hearing date on 10/04 should Barclays indicate that they will defend the action. I assume therefore that I should be looking to prepare a court bundle in line with the guidelines indicated elsewhere on this site. Can anyone who's been this far offer any advice? Thanks. Alan
  10. Can I have this thread moved to the Scotland Forum please?
  11. Okay received an offer from Barclays on 11th December 2006 for £440 against £925 in response to my initial approach for repayment. Unwilling to accept this so sent of the LBA in which I also advised them that I would be willing to accept a compromise of £800. Telephoned Barclays on 29/12 to check and they advised me that they are unwilling to make any further offer. Thus, looks like time for court. As claim exceeds Scottish small claims limit of £750 have decided to go down Summary Cause route. Have completed the form with some help form other posts on the Scottish forum. http://alanhay.ndo.co.uk/charges/summary_cause_blanked.pdf Statement of charges completed as below: http://alanhay.ndo.co.uk/charges/barclays_charges_blanked.pdf Any comments? :-|
  12. Just returned from 2 weeks abroad to find a letter from LTSB advising me that they have settled my claim in full. £759 credited to my account on 27/12. Very (pleasantly) surprised by this as they settled after my sending the LBA - did not have to go as far as issuing court papers.
  13. As no one seems to be having much luck getting statements under the DPA, I decided to pay for the few that I am missing for the last 4 years. Thus have requested 6 duplicate statements for a total charge of £18. Once I have these I will have full coverage for the last 4 years and will make an estimate for the previous 2 years. Barclaycard are still quoting up to 35 days however which I think is a disgrace. I can confirm that I've ordered the copy statement/s you requested. Due to the age of the statement/s you require, we will need to retrieve it/them from our National Records department so please allow up to 35 days for delivery
  14. Yes. See the following. Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK It may beneficial to claim in England though as you can go back 6 years against 5 in Scotland. Alan
  15. Sorry, that link should point to: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/1412-im-scotland-where-send.html?highlight=scotland
  16. I had a trawl through the Scottish Forum last night and searched on 'Scotland' in this forum. Found conflicting views but there are comments in the following from a respected source which would seem to rule it out. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/48038-edinburgh_al-lloyds-tsb-scotland.html#post382686 Additionally, Lloyds TSB Scotland have their registered office at 120 George Street, Edinburgh. The T&C [as found on the LTSB web site] also state: About disputes in relation to this contract English law applies to our discussions about your account and to this contract unless your account is with a branch in Scotland, in which case Scottish law will apply. If you want to make a complaint about this contract or the service that you are receiving from us your first point of contact should be the person or people you usually deal with. This could be your branch or Contact Centre and you can tell us about your concern in writing or by phone. We’ll acknowledge your complaint promptly and keep in contact until all enquiries are completed. We would always aim to resolve your complaint at this stage. However if a dispute cannot be resolved by our internal complaint procedures, you will be entitled to make a complaint to the Financial Ombudsman Service:
  17. Okay, statements received so ready to go. Charges totalled £759 for the last 5 years. I believe the fact that my account is with Lloyds TSB Scotland precludes the possibility of me claiming in England if, or when, we get to that point which is a shame as would have added another £245. Still, not to worry will draft the initial approach for repayment tonight. Cheers. Alan
  18. Ok, received my duplicate statements [2001-2003] from Barclays today which was quite surprising given I only sent off the request last weekend. Did not use the SAR but simply wrote them a letter in which I stated that I believed that there was a £10 charge for the service [which they have cashed]. Statements received are Fiche prints. I had kept the original statements going back to 2003 however just noticed that I'm missing 4 or 5 which look like they might have charges. Might look into getting these on Monday or might just forget about them. Anyway total amount thus far is £865. Given I'm in Scotland this puts me over the £750 small claims limit and I'm therefore considering how to proceed. [1] Claim the full amount and, assuming no settlement in full is forthcoming from Barclays, go down the Scottish Summary Cause route when we reach that point. [2] Limit my claim to £750 thus making it eligible for the small claims track. I am therefore potentially losing £115 + interest, say £250, if I take this route. [3] Split my claim into 2 and aim to go down aim to go down small claims track when we reach that point. [4] Fix up a mailing address in England and go down the MCOL route. Any suggestions? Is the Summary Cause route much more complicated than the Small Claims Track? I believe the fees are much the same but that it can cost me more if I lose. :?
  19. Just joined after reading article on The Motley Fool. Have just scanned my online statements for LTSB Scotland and have found charges going back 4 years of £659!! Off to read the various resources to start my claim. Alan
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