Reclaim Overdraft Charges from RBS - Scotland

[dundeelaw]

Just to let you know:

 

The Royal Bank of Scotland (RBS) and The Halifax Bank of Scotland (HBOS) are 2 completely different companies/Banks.

 

If you Card/Account has HBOS/BOS/Halifax then it is a HBOS Account

 

If it reads RBS/Natwest then it is a Royal Bank of Scotland Account

[dundeelaw]

What you do now depends on how many charges you are reclaiming and how far back they go. As you may already know, you can only claim back upto 5 years of charges in Scotland (as opposed to 6 years in England and Wales).

 

The current OFT case could take years yet. If the OFT win at the High Court, the Banks could appeal at the high court, then the House of Lords and if needed, they can appeal all the way to the European Courts. This could take anywhere from 2-5years.

 

In Scotland, there is a different judicial system. Many courts in Scotland will still hear your case if you provide a good Statement of Claim. Even if the bank sists (stays) your claim, you can appeal to have the sist lifted. Advice is available at Govan Community Law Centre, Glasgow, Scotland | Free legal resources If I were you, I would not wait. You should file your claim now at your local Sheriff Court if you live in Scotland. If you don't, maybe you can use the address of someone you know that lives there.

 

I am about to take RBS to court for just under £200. They had until today to respond to my letter before I take court action. I am also taking another bank to court if they do not respond within 14 days for about £600.

 

Good Luck with what you do. Best of Luck in Reclaiming what is Rightfully Yours!

[dundeelaw]

Yes. You are Correct. You do not need to do anything until the day after the return date.

 

If BOS has applied for a sist, the court will inform you of this and whether they have accepted the sist or not and what action to take next.

 

Good Luck!

[dundeelaw]

Do I need to go there? as my prelim hearing date is on 22nd Jan

 

Procedure is not something I am totally clued up on but I do believe that you will have to attend on the 17th December.

 

This is where you can put your argument to the Sheriff on why the case should not be sisted. If you do not attend, then the Sheriff may grant the defender the sist until the outcome of the Test Case.

 

There is help on the Govan Community Law Centre, Glasgow, Scotland | Free legal resources website. They have case law on why cases in Scotland should not be sisted.

 

Good Luck!

[dundeelaw]

It is up to you if you attend or not. If you attend and the Banks' Solicitors dont attend, then you can ask the Sheriff to Setlle the Claim there and then since the banks' Solicitors did not turn up, they are obviously wasting the courts time.

 

I do know however, that if the Banks' Solcitors turn up and you don't, the Sheriff most certainly will Sist the case.

 

The Scottish Legal System is different to the English System. In England, some cases are being sisted automatically, but in Scotland, the law gives you the right to pursue your action. If you give the Sheriff the reason that "it infringes your Human Rights as there is no end in sight to the Test Case in England and Wales (a Foreign Court, I may add), which could go on for years to come with appeals to the House of Lords and the European Courts of Justice. You have the right to have your case heard within a certain time period without protracted delays."

 

Good Luck with what you decide. Remember there is a buddy system on here. You can search to find someone living close to you who will go to court with you to help you out.

 

The Sheriff will be there to help you. He will ask you some questions and ask you what you want to do next. It is usually held in private (in the Sheriff's Chambers).

[dundeelaw]

The best way would be to create a thread and ask people what they think of the buddy system. Read theri opinions and then decide.

 

If you decide to use the buddy system, just click on the link at the top of the page and search for a buddy in your post code.

 

Good Luck Again!