scottish procedure

[buzby]

Absolutely - everything is at the discretion of the Sheriff, and he can just as easily be a great help to you if given a chance, do check back and keep us posted on this thread what is happening. It's rare something comes out of left field that's never been seen before, but it keeps everyone informated at what the Sheriffs are doing! Good luck, and we've all got our fingers crossed!

[Riccardo]

entered 2 summary causes 1 for each account

told ok as different claims, hope girl was right.

Helped check everything and told me to add a line to form !b that although against company need mention held in local branch and ammount in section 7.

What next?

[donaldtramp]

The sherrif Clerk also told me that it was fine the way I structured my claims. I explained to him that the same preliminary letters would be used as evidence for both summary cause and small claim but he said that would be fine.

[Riccardo]

What next step? or do you just wait.

[lofaprize]

hi,

after looking through all the threads, ive found out its not as easy as saying to the bank "ill take you to court".

ive asked from abbey £1719 to be refunded, this was before i found this site. i thought after reading loads of other online help sites that it sounded quite easy, however this is not so.

i sent, through recorded delivery, my request for refund, and they sent me back a step by step guide to making a complaint! They also told me to make a thourgh investigation in to my complaint it would take about 8 weeks! after reading through threads on this site ive heard that i should ignore this?

they now have 7 days left from the time ive told them im taking them to the small claims court. but now ive learned that the scottish small claims court only goes up to £750 and the summons court goes up to £1500.

does anyone know how much for a lawyer as i think this would be easier?

it does become more confusing the more i look into it. i thought id done my research but it just goes on and on and on.

ive have used templates to send to the bank (probably english templates) and now i think they will be laughing at me! especially after them sending out the complaints form! i dont want to complain i just want my money back.

They also said id have to get in touch with my branch, is this true?

what do i do now, i feel like im making a fool of myself.

any help on all questions, much appreciated

thanks

[donaldtramp]

What next step? or do you just wait.

Ricardo my next step is to phone the court day after the return date. See what happens then. See how the bank has responded.

 

 

Lofaprize: Don't worry about all this complaints nonsense the bank have sent out. It's all part of the game. They are trying to string it out and to make it as long winded as possible for you. This is to try to put you off.

 

Don't fall for the banks ploys. Remember, you are in control now not the Bank. They have to jump through your hoops not the other way round. I got all of the same letters as you and have carried on regardless.

 

You are NOT making a fool of yourself, they are just trying to string the process out. There are loads of folk on here who will help you beat the bank. Stick to your guns!!!!

[Riccardo]

when do the sheriffs servr the summary cause?

[donaldtramp]

I had to get a local sheriff officer to serve the summary cause. (have to do this with Summary causes)They have sent it off now. The bank have to receive the Summary cause at least 3 weeks before the return date. My return date is 8th March.

 

The sheriff officers first try to send registered post. If no signature they deliver in person.

[Vital Spark]

Donald, does the summary cause case take into account teh interest when we take it to court or must the claim be contained to £1,500 including interst and how do w work out componded interest?

 

Haven't been too well so not on for a time. Lost track now.

[Vital Spark]

At risk of being labelled El thicko, which I probably already am, what is the return date to which you refer?

[donaldtramp]

To work out the compound interest use the spreadsheet provided on moneysavingexpert.com under the bank charges bit. Click here:

 

Bank charges: Reclaim them, they're unlawful, so you can get six years money back | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more

 

The interest(and court expenses) are on top of my claim for £1499.

 

The return date is the date set by the court that the bank have to give a response to the court in response to your allegation. It is a very important date. You must phone up the day after the return date to find the banks response. (that is if they haven't settled you up first!)

 

By the way you are not a thicko!! You are just learning the different stages. The same as I had to! You are just at a different stage of your claim.

 

Cheers

DT

[Giveitback]

hi,

after looking through all the threads, ive found out its not as easy as saying to the bank "ill take you to court".

ive asked from abbey £1719 to be refunded, this was before i found this site.

 

 

You don't need to speak to your branch.

 

Follow the step by step guide, stick to your timetable, and they will pay it back sooner or later (probably later).

have you started your own thread? I don't have much internet access ATM, but basically, to do it in scotland, you'll neeed to break your claim into 2 or 3, and go through the small claims court or summary cause. I did one small claims to start, am completing the next summary cause, and will have a final summary cause shortly.

 

Go for it

 

GiB

[Riccardo]

Court date received .

Told now have to get papers served on bank myself, who do I contact, and what are costs?

[doogstar]

Gah, I'm in the process of sorting this out for my Wife's two accounts, went to do MCOL and just found out I can't without a dance about and dodgy addresses because we're in Scotland

 

She has an account with BOS and one with Halifax, which I have been dealing with separately (writing to one at Edinburgh and the other in Halifax) - which looks good from the limiting point of view.

 

The claim against Halifax is for £1569 charges plus £275.75 interest.

 

My questions are:- should I randomly remove two of the lines of the summary (a £39 and a £30) to bring the total down to exactly £1500 or should I leave the summary as is but say I want to cap the claim at £1500 ? - if I remove lines do I need to send a new LBA for this to Halifax?

 

Does the £1500 limit include or exclude the interest? ie can I claim the £1500 bank charges plus £260 odd (after taking the two lines out) interest, plus court fees (plus £10 SAR fee ???) or is it just £1500 plus court fees?

 

Fortunately when I do the BOS one (they've said they'll send some sort of reply by the start of March) it's a lot less so I should be able to just use small claims.

 

Thanks!

[buzby]

The HO of HBOS IS Edinburgh, so you can competently servie them on the Edinburgh address.

 

1) If at all possible, limit the claim to £1500, as jumping to a Ordinary Action (OA) will cost considerably more, but only recover the costs if they lose in court.

 

2) The £1500 is the ceiling for Summary Cause, full stop. Interest (other than that added by the court for non payment), it taken into account, so you may be better to remove this, and use it as a bargaining ploy when they come to settle without going to court.

[doogstar]

The HO of HBOS IS Edinburgh, so you can competently servie them on the Edinburgh address.

 

1) If at all possible, limit the claim to £1500, as jumping to a Ordinary Action (OA) will cost considerably more, but only recover the costs if they lose in court.

 

2) The £1500 is the ceiling for Summary Cause, full stop. Interest (other than that added by the court for non payment), it taken into account, so you may be better to remove this, and use it as a bargaining ploy when they come to settle without going to court.

 

Thanks for that.

 

To limit the claim from £1569 down to £1500 should I just submit a reduced schedule of charges to the court or do I have to submit it to Halifax first with a new LBA? Or can I use the full schedule of charges with the extra £69 but say in the court paperwork I just want to claim £1500?

 

Thanks!

[buzby]

Pass - I've never been in that situation. Perhaps the court you filed originally can advise, as it may just take a paper change and re-serving to bring it into line.

[The Shed Man]

Hi everybody. I was going to post a question here but reading through this thread has answered my question because although I now live in Edinburgh, my account with LTSB was in High Wycombe and there's no way I could afford to travel down there in the event that I actually had to appear in court. With this in mind, I'll be pursuing this action through Edinburgh Sherriff Court. Can anyone lend me £39?!!

 

Thanks to all who have asked and answered questions in this thread, it's been a great help. I'll be back to let you know how get on.

 

The Shed Man

 

Ô¿Ô

[javorb]

i claimed £704 from ltsb in scotland ,nobody on these forums give you direct help ,my friend had given me the letters to send as he claimed himself ,2 letters from ltsb saying no refund final offer ,i was going to fill in court forms ,then 3 weeks ago they put 750 in my account ,i still have not had any letters from them

[Vital Spark]

To work out the compound interest use the spreadsheet provided on moneysavingexpert.com under the bank charges bit. Click here:

 

Bank charges: Reclaim them, they're unlawful, so you can get six years money back | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more

 

The interest(and court expenses) are on top of my claim for £1499.

 

The return date is the date set by the court that the bank have to give a response to the court in response to your allegation. It is a very important date. You must phone up the day after the return date to find the banks response. (that is if they haven't settled you up first!)

 

By the way you are not a thicko!! You are just learning the different stages. The same as I had to! You are just at a different stage of your claim.

 

Cheers

DT

 

Thanks DT. Think I'll pm you. hope you're inbox is not full.

VS

[The Shed Man]

Oh, by the way, I have just thought of a question! Can I add the £39 fee for the summons onto my claim? I'm unemployed and living on Incapacity Benefit so £39 is a lot of money to me - would be nice to know I could claim it back along with the charges. Anybody know?

 

Ô¿Ô

[bigshel]

Can someone please verify? If claiming through a summary cause action or an ordinary action, can you claim back 5 years or 6 years under scottish law? Also, if claiming back charges of varying amounts for 3 accounts si it better to lump them all together in one claim or keep them separate? Thanks

[donaldtramp]

Oh, by the way, I have just thought of a question! Can I add the £39 fee for the summons onto my claim? I'm unemployed and living on Incapacity Benefit so £39 is a lot of money to me - would be nice to know I could claim it back along with the charges. Anybody know?

 

Shedman yes you can. The court fee is claimed back under costs. When you put your claim in you will enter your amount plus "interest and costs".

 

So you will get this back as well!

[buzby]

Oh, by the way, I have just thought of a question! Can I add the £39 fee for the summons onto my claim?

Ô¿Ô

 

No you can't, the court does. You ensure you add the line your action covers the amount sue for plus 'interest and costs', once you get judgement, the court adds the fees to the amount sued. Don't add it yourself because if it is added again, the action can be challenged.

[bigshel]

Can someone please verify? If claiming through a summary cause action or an ordinary action, can you claim back 5 years or 6 years under scottish law? Also, if claiming back charges of varying amounts for 3 accounts si it better to lump them all together in one claim or keep them separate? Thanks

 

I have another question. If taking out an ordinary action and the bank pays up before it gets to court, who pays solicitor costs?