the forum is on the web address..............xxxxxxxxxforum.co.uk and the link is to xxxxxxxx.co.uk

The link accepts no username or password.......... The thread or threads involved NO oppertunity was given to ammend or delete the threads........... It should also be noted IT was What the member did, no advise was sought, nor was there anything wrong in the post nor indeed advocating the defrauding of anyone as the letter alledges(some stems from phone harrassment ie they didn't answer the phone )

looking at the daily lists......there is nothing, best to phone up or better still go in,usually the clerks are quite helpful ,if you can given that court is quite near Inverness SC (relatively), it may well be that the cases are not sisted, or a sist can be fought

If they phoned you and lied,and were looking for a neighbour.........you should also complain to Ofcom, their details are in the PhoneBook

I've checked Edinburgh, Stirling, Haddington, and Kilmarnock and there is not a lot happening there ...think Paisley was marginal

It would be as well to go along to your local sheriff court and ask if sist are being lifted, another but not too accurate way would be to look under daily list in your local court to see how many case are coming up the listing would be ........Joe bloggs V Bank Name Plc

.Not accurate sheriffs do actually know the test case is in England only, the problem is how can I put this , Scottish solicitors will do anything to avoid going up against a bank,In Glasgow they have an agreement aledgedly that states that if they go up against one in particular they will get no more work from the bank that'll be a first there have been a few, check out the govan law centre web site , Mike Dailly has had success, and some failures( In case anyone asks the GLC is a free site and I believe they don't take cases as such more public service, BUT I could be wrong ) You could try this , or at least think about it .I have absolutely no idea that it would work ...submit a summary cause for just under £5000.00 then later after done and dusted submit a claim to FOS. My thought is If you have submitted a LBA with the full amount then you have started a claim , so the limitation time scale would have started

This is an old thread and there are a couple of others regarding the trading status of DCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/54683-dcas-filing-dormant-company.html

Take care if you are approaching the 5 year mark with your husbans account, You could put the DCA account into legal dispute and then target the DCA to refund the charges , which would most likely be repaid into the account , and any balance owed to yourself refunded , or if there is still a shortfall it would be owed to the bank. Hopefully the DCA would when face with a struggle hand the account back to the Bank, I think I would start with this account first and get it out the way , then leave it for a couple of weeks and start your personal one. The reason for this is they could settle with the personal one and take the money to pay the business one ......This would be under an "All monies due clause" ( RBS are terrible for using this )unless the business is limited

Ashleyjane remember that the Scottish system is different to the English system and that the small claims new limit as of January 14 2008 is now £3000 (from the £750 before) and that if over that figure £3001 to the maximium of £5000 is Summary Cause, above that it is Ordinary Cause. The forms are of course different which can be downloaded from the Scotcourts web site A little caution should be used in business claims due to the status of the business example UTCCR should not be used in any LLP or Limited Company (PoC) Particular of Claim .......Sole Trader ,Partnership, LLP or Limited company

you put all the charges on a spreadsheet this will automatically calculate the interest , wording on the leter before action you can ask at that point for interest , but you are not entitled to the interest till you file a claim the small claim is up to £3500 and the summary cause is now at £5000 for january this year, cost to claim is the same for both claims form are very similar date should be the date of the sale if you have charges the interest will be calculated on a daily basis the rate is set in by the court at 8% you can ask for the rate you are charged by the other party if higher.

Totally agree with Lula.......report them to the above mentioned

Re the penalty charges as you are in Scotland you should be able to claim ,as the Sheriffs are looking at cases indidually,as cases were sisted (Scots for stayed,near enough)till what banks said in their application" till the outcome in january" and application for sists are being processed, You should be able to claim for the interest on your outstanding money after all they are using it Expenses posssibly but keep a breakdown of these and receipts if possible I would break everything down and deal with the issues seperately

100% correct............ Have a word with the neighbours as they put it through your letter box tell the one who did that next time report it to Ofcom. these people are at best ****

That is what Sir AC says in his ads look at the web site and get the number at the above which is in Glasgow (City Centre)

sorry I should have said The Unfair Terms in Consumer Contracts Regulation 1999 It is listed on item b) there are more details on the site but can't find them http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

Then you are free to use the UTCCR act as well , which is a bonus I unfortunately could not

I've Been in court twice with RBS Split the claim summary cause and small claim I've done that consider the English system ......... I've done that as well FoS now closed these were the 3 options now down to 2 personally I'd do the summary cause first keeping just below and remember the 1500 does not include the interest , after wards the balance via small claims , What Sheriff court is your nearest ? Remember also in regard to the business status whether you use the UTCCR part or it is excluded .You don't use it in a Limited Company (Ltd)or a Limited Liability Partnership (LLB) or indeed a PLC

Not quite right ,CAB exist in Scotland , the GLC is abit different as it explains on the web site

Excuse me if I'm out of order here . but to the left of the screen there are products sold , does that therefore make this site commercial ? I do of course fully understand the need for donations Which are given voluntarily therefore the site is non-commercial, but by having these this site becomes commercial Re the telephone charges in the consumer section, some local councils are using 0870 and 0845 numbers (I do know there is a difference in cost, but the 0845 can be set above the local rate, and would therefore exceed the site limit) could you clarify the position on these if published on the site,

this is the biggest problem in answering it, simply put if you don't get the money from the bank via FOS are you taking the Bank to court ? Is really the question being asked . One could argue that if you have sent letters saying your taking them to court , If they do not respond (with the refund) then court action will commence, a covering letter should enclose this information

santamonica Use sections out of the POC, but when dealing with the FSO be wary of the interest, also again be wary of the section where it asks if a court case has started or will be proceeding ,( that not the real words,but the implication)

The FOS should not be the only option . I wonder why if between £750 and £1500 nobody seems to use Summary Cause, I would also say that multiple claims are indeed possible except in the case of the Clydesdale Bank, the claimant could always check the Local Sheriff Court to check if multi-claims are possible

Then you will only be asking for a continuance or the bank will be?

Killie or Ayr? ????