scottish procedure

[buzby]

They do - but that will be the price of negotiating the cost of the action prior to settlement. Any figure you agree with them will be on a full and final settlement, so ensure the fee you accept includes all amounts your solicitor will want to discontinue the action.

[Riccardo]

Took summary causes to sheriff office today, cost another £32

[miapia]

can anyone help me out. i have went throught the process with BOS for my business account. They owe me 2800 pounds but just received a letter today stating that the regulations set out by the OFT does not extend to business customers. Can anyone please give me advice as to the next step.

 

miapia

[buzby]

It moist likely doesn't - but the issue isn't what the OFT may or may not think, but that the money has been taken and is unfair. Hava a parachute account ready should they want to play hard-ball, but assert in a LBA that irrespective of their classification of the account, as director/proprietor the return of the fees are required within 28 days and if they are not, recovery action will be initiated. (If your business is a Ltd Co, it is this entitiy that will need to raise the action).

[Seahorse]

Only just at te prelim stage, so nearly a forthnight still to run before the LBA. However, as my claim is for nearly 10 years and I'm claiming contractual, it's a bit hefty, so Ordinary Cause is the way for me. Do I really need to involve a solicitor at the LBA stage, do you think, or should I wait until RBS reject that too. Which I'm guessing is a distinct possibility bearing in mind the amount involved.

 

Thread at http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/55607-seahorse-rbos.html

 

BTW, did anyone have any success finding a decent Aberdeen solicitor?

 

Cheers,

 

Seahorse

[buzby]

No - you can LBA yourself, although the RBS will probably challenge any action that invoilves charges over 6 years as being time-barred. Keep a copy of your LBA for the solicitor, but be prepared, they'll probably send their own anyway...

[Seahorse]

Thanks Buzby. LBA is ready to go as I have no doubt I'll need it.

[miapia]

Hi. just received letter bak from BOS business banking saying basically your not getting your money back because its a business account and it was legal. What do I do now? Do I go the small calims court or send them another letter.

[buzby]

Not surptising, and they are right the OFT excludes business users, but that's not the issue - you don't care about what the OFT want. The issue is if the charges were fair and reasonable. If not, you want them back. Send an LBA (Letter Before Action) giving formal notice of your intention to sue, and give 21 days clear notice before issuing the summons.

[miapia]

Thanks buzby. Will send the LBA along with list of charges. Hopefully they will shift but I have a feeling that they wont.

[cascade]

does anyone know about the 5 years claiming limit in scotland and is it easy to claim through english law.??

 

i'm at the stage of filling in my court forms...

 

I would like to know if the 5 year limit exists, or if you can claim back all your charges?

Found out the 5 year limit does apply if pursued through Scottish law.

[buzby]

I believe it does, and the Defenders are usually pretty smart enought to know this and get any actions that include amounts that would be time-barred excluded. The only way I have seen it done, is when the Bank sued the customer and obtained judgement. The pursuer claimed that irrespective that the amount owed was 5+ years old, the original action should not have suiceeded as the charges claimed then (as now) are illegal. Since the date of the original court action was under 5 years, the Sheriff allowed it.

[heidiandjohn]

Iam just starting on the long haul could you give me any advise?

As long as you've followed the steps of Prelim Letter, followed by LBA then yes you're next step is Court.

 

In Scotland, as you're aware, the Small Claims limit is £750, so what to do is break your total down (by Date is easiest) and claim the older ones first.

 

Submit this and get the claim settled, then go back as many times as required to get your full amount.

[buzby]

I wouldn't follow JMio's advice, as it leaves you open to having any subsequent claims kicked out. As you'll see from earleir threads, if you follow the £750 'multiple' route, the bank will settle your first claim, ensuring that this will be an end to the matter and absoling them of any further claim. IF you don't agree, you're effectively stuffed as they won't pay and if ordered to do so by the court, will hold this on file. A subsequent claim by you will be contended to be an abuse of process because you 'split' and the Sheriff will disallow further dilligence. For all it takes to do it properly, you might as well do it correctly and not give them any opportunity to paint you into a corner.

[Vital Spark]

That's interesting Busby. I was of teh understandign that what JMio suggests is exactly the way to do it: not sure about the earliest or altest first though.

 

I've already spoken in person with one CAG member who has won many claims and I'm sure I saw somewhere on this board, though maybe not this thread, that others have successfully done as JMio directs. I think, if I understood correctly, the problem lies with sub mitting multiple claims at the one time when the banks request them all to be considered at the same eharign as would a criminal request other crimes to be taken into account in the one hearing. Thus the claim exceeds the small claims court limit.

 

Now correct me, anyone, on this if I've misunderstood because that is very likely to be the case: dyslexia rules KO!

 

There's also the Summary Cause route. Although I am not sufficiently confident of this proceedure to offer advice but it seems the claim limit alters upwards to £1,500.

[Bigmac versus]

Vital Spark i lost a claim today at court which was my second small claims due to already having been settled on one, the judge awarded costs against me, please consider all options before doing so as i was under the same impression that it was ok as long as not at the same time.

[Vital Spark]

Thanks for this.

 

My friend, at least, I think of ehr that way since meeting her onboard CAG and later in person, has won many cases.

 

I haven't been in touch with ehr for some time but I will give ehr a call as I've been meaning to do for weeks now.

 

I wonder if it depends on the judge: not a very fair system if it does. Although she doesn't live in Hamilton, I know that my friend took her claims there.

 

Where in Scotland are you situated, Bigmac versus? Sorry, I'm not askign that you reveal your identity, if you'd rather remain annonymous. just the court you used.

 

Then there's the other folk who have submitted multiple claims but not running concurently waiting for one to be completed before tenderign the next.

 

I jsut don't understand this at all. Doe ti mean that whoever decides to rip someone off in Scotland can do so but they should make sure they do it for more at least double the £750 which can be reclaimed in our small courts or £3,000 for our Summary Cause facility, whatever it is?

[buzby]

From £1,500 it changes to an Ordinary Action (OA) and there's no opportunity to do it yourself, however this isn't really an issue, as your costs are paid in full when the bank pulls out (which is why it is silly doing it by half-measures in some false belief that it is 'cheaper').

 

I have spent many hours in Glasgow Sheriff Court watching the tatics of the banks that are being called as defenders, the issue has nothing to do with submitting your claims and having them combined and taken out of the track (which is a possibility), but the actual process whereby a settlement is paid and is in 'full and final' for charging irregularities on the account(s) in question. If the defenders are different there isn't a problem, but I have been privvy to steps-of-court settlements where the Plaintiff is cornered into accepting the case as the first and only bite at the cherry. I've already explained what happens, so what others say they have done is their concern. However banks are not stupid, and their solicitors know how to make the system work to their advantage - this is where an early mistake lets them off and leaves you hanging.

 

With nothing to lose about doing it the right way first - even if an OA, why anyone could be bothered doing multiple SCs (even of there was no risk the banks would not challenge later dated claims) when it can be resolved in a single action, eludes me.

[Bigmac versus]

Vital i dont feel it is where i am but the defence the solicitor presented, this defence would have left no judge in the country in doubt as to where it was leading, for info it was in kilmarnock courts.

My biggest gripe was that having being handed their defence whilst at the bench i was then asked to reply to the motion, unfortunately i didnt have time to absorb and reply so feel if i had time to look into this i would have either had a defence to that or i would have withdrawn befor appearing, the result now being i have had costs awarded against me and i wont know until April how much, jings, lol.

This site is all about learning and if it heps others from doing the same as me then i will be happy at that.

[Vital Spark]

Well, I think I must be telepathic or maybe just telepathetic ;-)

 

I got a PM from teh friend to whom I referred earlier. We'll speak on the phone tomorrow.

 

I'm sure she'd be happy to pass on her experiences to you, Bigmac,versus, if you are interested. She hs made many successful claims. Her last one was won just last month. She's helping others now and successfully doign that too.

 

Busby: I didn't understand a word of what you wrote. I'm sorry. it's not you: it's me. I cannot take that all in at one sitting.

 

I'll give it thought though and, with a wee bit of rsearch, I'll get back to you.

 

Unfortunately my left leg is (without any alcoholic beverage) plastered. I fractured the fibula and some ribs on the same side so I'm a bittie sore and not thinking too clearly. Don't want to take painkillers as they hinder healing and, anyway, I 'm having enough difficulty moving about the house as I can't use crutches because of teh ribs.

 

Sitting here is also a bittie sore so I'm off to lie down in hope of sleep. Perhaps my head and body will cope beter tomorrow.

 

Thank you anyway for your attempt at helping me tonight. I'll give it anotehr browse tomorrow.

 

Night, night and sweet dreams to you all.

[Bigmac versus]

Night Vital, well im open to all suggestions on this issue, it may be the defence that the banks have been looking for.

[miapia]

can anyone help with the filling out of the summary cause forms. My action is for a small business claiming uo to 2800 pounds. I was going to do 2 summary causes at different times. Can anyone advise me.

 

Cheers

miapia

[buzby]

As I noted earlier, you need to raise an Ordinary Action, not Summary Cause. A solicitor can do this for you, and the fees recoverable from the Defender when you win.

[JulesLivi]

Is it ok to claim twice in small claims if they are for 2 different accounts? Not sure whether to just ask for charges andnot interest so I keep within £750 limit or do 2 claims. Obviously want as much back as possible but don't want to get 1 claim and loose out on another.

[Bigmac versus]

Two different accounts two different claims, claim the interest.