Granny Angus v. LTSB Scotland

[Granny Angus]

Started sending letters to LTSB on 17th June - requesting details of default charges, (as advised on Which? site) and already seem to have made two mistakes!

Firstly I am chasing LTSB SCOTLAND and did not realise that different laws apply. I asked for 6 years charges to be applied and now discover (thanks to your excellent site) that only 5 years apply in Scotland. Also did not send £10 fee with letter as was given to understand that it would automatically be taken out of my account by the bank.

 

What to do?

 

Have I lost that precious time since 17th June by not sending £10?

 

Should I start whole procedure again (using your very comprehensive library letters) or what?

 

Isn't it awful waiting for things to be in place to start the whole procedure e.g. my parachute account (now in place) in case LTSB tell me to take a hike, or just getting round to deciding to put ones head in the noose!

 

HELP!

[adamski]

Hi

Yes i did a similar thing charging in excitedly, i sent mine to my branch unrecorded with no £10 fee, don't worry just send again to the Swallow house address which is on this forum recorded elivery with a £10 Postal order or cheque, stating you only want 5 years worth.

It only delayed me for as week.

Regards

adamski

[Granny Angus]

Many thanks for that adamski!

 

However, can anyone out there help me with definitive rules applying to Scotland?

Getting conflicting information on amounts for Small Claims limits in Scotland - some think £750 and others say £1500.

As my claim is for £1520 (without interest) it would be ok to go for the £1500, or if it is £750 max does that mean I have to (or am allowed) go through process TWICE to get back my amount?

 

I need some help with posting as am Luddite when it comes to websites. How do I get my questions on main posting page please or submit to Moderator??????????

[reload]

When you reply to your thread, it's automatically bumped to the top of the list Granny

 

In answer to your question, the best place to ask about Scottish law is here - the Scotland forum. Being a southern pansy, I'm afraid there's not much more than that I can add right now.

[Granny Angus]

reload

 

Many thanks for your advice - am finding what I need to know now on this site and your help is much appreciated by this northern thistle!

x

[Granny Angus]

Have mailed first class recorded delivery Prelim letter plus schedule of charges today to LTSB Scotland head office in Edinburgh - 14 days to reply.

 

(Did not have to wait for details of charges reply from bank as I calculated them from internet account and old statements - who said filing cabinets were a waste of space????)

 

Actual amount owed to me is £1530 which I have asked bank for, but when it comes to court papers stage I have decided to cut my losses and go for £1500 as this is within limits of summary cause amounts.

 

Can anyone tell me....if it was to go to sherrif court are my costs awarded over and above amount sued for, or would they be included in total award. Have been reading and trying to understand ACT OF SEDERUNT (summary cause rules) for two days now - my brain hurts!!!

[reload]

Hi Granny

 

I assume from what you say you're applying the claim through the Scottish courts? (I really need to read up on them!) If so, you're presumably splitting the claim into two?

 

In terms of the English courts, costs are awarded over and above the amount sued for - I can't see any obvious reason why it would be different in Scotland. It'll try to sit down and read the Act of Sederunt at some point this afternoon, to see if I can advise you better.

[Granny Angus]

Hi reload! thanks for that.

Yes am applying through scottish courts, but am not doing it through 'small claims' as limit is £750. Am going to use 'summary cause' as the limits here are £1500 which is as near my required amount as dammit. cost of lodging this is £39.00! Fair or wot?

I understand that in the case of the pursuer losing the court case in Scotland the courts costs are limited in the 'small claims' . In the same story with 'summary cause' the costs can be 'actual' with a few exceptions, and I BELIEVE that I fall into one of those exceptions (receiving benefits and a pensioner after 28th this month) but am going to take advice on this.

[Granny Angus]

IT'S A MIRACLE!!!!

 

Received today a response to my Prelim letter - the miracle is I did not mail it until YESTERDAY and this letter from LTSB Birmingham is dated YESTERDAY's date!!

 

Long story short.........

Monday I got reply from them re my data request. I had sent data request letter 17th June without enclosing £10, etc on poor advice from another site. LTSB replied saying what nice helpful people they were blah, blah.....send us a tenner. However I had already worked out charges from internet and old statements and mailed prelim yesterday.

 

Either they are employing staff with second sight, or in a big muddle OR is this a tactic to delay, as some people, upon receipt of todays bank letter, might jump the gun and just send the LBA? Then they (LTSB) might have an argument that they have not been given enought formal notice. Your thoughts appreciated.

 

Granny A