Interesting post but i have to admit i tried to understand it all but i failed. Am i right in saying that as long as the first claim was won without going to court(bank not defending etc) then i can plough ahead with the second? What is a UTCC? I'll go have another read of this but teh big words confuse me :o(

I've just stumble onto this thread and to say i am annoyed is an understatment. I have split my total claim £2300 into £750 lots. The first case i won as the court did not defend. That money is in the bag. I went through small claims. My next plan was to go to the court tomorrow an file a summary cause case for £1500. Do you guys think i stand any chance filing the second action? cheers, Malc

So you won by default, was the letter you got from the court a warrant of extraction which you have forwarded to the bank? From what i was told by the court, the bank have been ordered to pay, if they do not pay within a certain time you can get sheriff officers to get your cash for you. Any fees are charged to the bank, you do not pay anything. Does that help at all?

Total claim was for £2400 + interest @ 8% so about £3000. Filed one claim of £750 + £39 (fees) + 8% About to submit a second claim through Summary cause for £1500 + £80 (fee) + 8% I wwent with Small claims the first time as this i was advised was the easiest route but since going to the court i have been advised otherwise.

Paul, i used the small claims form. I split my total claim into lots of £750. This was my first claim which i won. I was advised by one of the clerks that filling in multiple claims for the one account will result in it being thrown out by the sheriff. I'm going to fill out the rest of teh claim using Summary Cause so i can claim up to £1500. But, yeah, read the Scottish procedure :o)

Finally getting round to sending off the extract for payment. Can someone tell me if what i have written is ok? I added the part about this forming part of a total claim which will be filed shortly with the hope they might pay up now seeing as how i won the first round in court. Dear Sir/Madam, Please find enclosed an Extract for Payment I have been awarded by Aberdeen Sheriff Court in response to Case SA21/07. Please arrange for the sums detailed (£750 + £39 fees + 8% annually from 10th January 2007) be transferred to my account within 14 days from the date of this letter. Should the money not be received by 13/06/07 further legal action will be actioned without notice. This claim forms part of a total claim for 2,464.00 (+ costs + 8% annually interest)

I got the example from the scottish procedure http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html I want to write to the bank but wonder if there is anyway the court can change the letter they sent to me and change the interest part. It's maybe one of those things that i 'll just have to double check with the clerk before submitting another claim. I would be interested in what other Scottish claiments have written in their claim.

Is anyone able to tell me why i was not awarded the interest from the time the bank charge was applied? It's annoying me as i thought i had followed all the examples and want to get my other claims in. Any help would really be appreciated. Thanks,

Request the full amount from them as you have been dong but if you have to go to the court phase just split the claim into several £750 amounts. Sounds to me you've done everything fine.

Hi, i have been awarded my full claim by the court as the bank never entered a defence. The court have sent me a letter which states teh bank must pay the £750 + Fees + 8% interest since 10th January 2007. Now, i was claiming for 8% on each charge since the date it was taken from my account. The court have said that if i had wanted that i had to details every charge in teh details of the claim. As far as i read i did and it was on the Schedule of charges. On the claim for in the details of claim i put this "The Purser claims from the Defender the sum of £720.00 with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action)" From teh way i read it is states i want interest from the date of each charge. The court read it as "from the day the citation was issued". I have another 2 or 3 claims to enter but wondered if any of you can tell me if a) the court got this wrong or b) how do i word it so i get interest on each charge? Thanks, Malx

Well i got the Extract for Payment through this morning for the first part of my claim so £750 + costs on teh way. One issue was the fact the court awarded me 8% interest from January 10th 2007, the date i filed the claim rather than the time the bank charge was taken. I called them and they said i had to identify each charge in the claim, i was under the impression that the schedule of charges did this. I'm a abit confused but will try and resove it before i make claim part 2. Going to ivestigate how i send the demand for payment to the bank before i send in the Bailiffs in :oD

Nope haven't heard anythign from the bank which makes me think they will wait for the decree to be issued and then claim they were too busy or somethign and i will have to go to court

Phoned court and the bank have not issued a defence. WIll go to the court on monday and issue the minute of decree and hopefully get my cash :o)

Well just called teh court and they have not issued a defence so now i have to write to the court (i'm gonna head in) and minute for decree. From what i read i should do that and then if teh bank has not responded to the court by the hearing date i win by default? So it's a Form 11 i need for the decree? What do i put in the "Minutes" section of the form? is it the claim which is on the court papers?

Hi, i was looking for a bit of information to hopefully put my mind at ease for the next stage of my claim. I have gone through the forums to see if i can find the answer but can't see anything. The BOS have to respond to a return date of today so i have to call the coursts tomorrow to see if they are entering a defense. If they do i have a court date of next friday. My question is what can i expect to happen in the court? It is normal for the banks to enter a defense at this stage and then not show up next week for the hearing. Or is next weeks date a prelim hearing and another date is set after that? It's safe to say that i am cacking myself about going to court so any info to put my mind at ease would really help. Cheers, Malx

*Slaps forehead* Doh, cheers for that. I did look about for a find posts by this user but must have overlooked it. Thanks,

Ok, so i can't find my original post i start a long time ago. Anyway, went along to the court the other week and handed over the forms as intructed. Oddly the Clerk said he only needed 1 form and not the 2 as pointed out on the scottish procedure. Anyway, doesn't matter. Got the copy of the summons a coulpe of days later. Returning Date set at 22nd Feb and a court date of 1st march. Will go read up what to expect and prepare myself. So hopefully whn i phone on teh 23rd teh Bank will not have responed. It's safe to say i am uber nervous

Sweet, thanks very much. Getting a bit nervous now but it'll all be cool after tomorrow lunchtime :o)

Hi, i am at the stage of fillout out the Summary Clause forms which i hope to drop off at court tomorrow. I have found a template for what i should put in the forms but my question relates to the name and address of defendant. Do i enter the defendant as person who sent me the "full and final offer" or is there a single person this should be raised against? I have searched the forums and cannot find the answer and i just want to get it right at this stage. Appreciate any help you guys can give. Thank you, Malc

I just need a point in teh right direction with my next stage. I realise i have to write a letter stating i will accept the offer as part payment etc etc and that th edate of the LBA still stands. As their 14 days from the date of the LBA expired yesterday do i return the letter about partial payment and go ahead with the moneyclaim court part? or do i reply back with the part payment letter and wait another 14 days? I have read alot of posts and none seen to give me th answer i need so any help would be great? Thanks, Malc

Got a letter from BOS explaining how it's my fault they charged teh money and how they pass their charges on to me. At the end the offer £861 good will gesture if i drop the rest of the claim :o) Think i will push on and try and at a £2k to it.

So i sent off the LBA letter and schedule a few days ago so got a while to go read the rest of the instructions. *Crosses fingers and hopes for the best*

Hmm, so now i have proven that i can't read. I went ahead and posted the approach letter to teh customer service people at the end of last week as i had had no joy from th ebranch. I got a letter today saying "Thanks for your letter dated 18th August....... we'll be in touch within 4 weeks" Hmm, i went and checked the badly spelt letter i had received and after a couple of reads it said that they would pass the request to customer services. Now my question is, should i act and send in the second letter now using the dates of my first request or wait another week and use the dates of my second attempt? My thinking is that as the branch have taken responsibility and are being used as the conduit to the customer service people i should just issue the second letter to my bank. Anyone else been this stupid and got any advice? thank you, Malx

Hi, i'm at the very start of claiming the mass of charges BOS charged me in the last 6 years. I have created the schedule and Prelim letter, now i have one question. Do i send the letter and schedule to the branch that issued the charges or to the head office. I did send the first letter on tuesday to the branch. My thinking being that they issued the charges. Got a very badly spelt reply from them telling me i had to call their customer service people. Again there was no postal address. If anyone knows of the BOS address i need to send this to i would really appreciate it. Cheers, malx