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Claiming bank charges in Scotland!!


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Hi,Im a newbie and hope someone can help or give some advice, I first claimed back in May 07 for charges fom 2 accounts (1 joint account BOS & 1 personal account Halifax) but am now having finanical difficulties and wonder if i can speed up the process, i have read from various posts on this site that the test cases are for england and wales and exclude scotland where i live. My personal account was closed due to bank charges bank in 07 but I still use the joint account although we are claiming for that account too, my question is where do I go from here:confused:. The last letter I recieved from the banks was June 08 and I feel its my money and I want it back, and it would help me out this rut i am in at the moment. Glad I found this site as it made me see how many other people have had success over the banks.

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The test does effect Scotland because a large number of cases are sisted as a result (put on hold). You can however appeal against the sist and sometimes the Sheriff will hear the case.

 

Have you filed a claim at court yet?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Not as yet no, how would i go about this sorry if thats a silly question but just not sure how to go about it, and yes my claim is on hold as stated in the letter dated june 08.

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Okey dokey first thing to do is send them a letter before action (you can find this in the bank templates library on CAG). Then if you need to file a court claim use the procedure here

 

The limits on claims are not up to date but the details of claim are still valid.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Bit confused on this.

 

I successfully claimed a few years back but my wife's late claim is now on hold, pending the outcome of the test case. Is there any preferential reason to go after the bank through the courts rather than wait for the case to be settled? Is there any evidence of courts ruling in favour of claimants in Scotland, even when the test case is being heard in England?

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Is there any preferential reason to go after the bank through the courts rather than wait for the case to be settled?
The case may take years to settle. By filing a claim at court the limitation period (5 years) on the charges stops. If you don't file at court it continues so if the charges are a few years old already they may become time barred by the time the test case is resolved.

 

Is there any evidence of courts ruling in favour of claimants in Scotland, even when the test case is being heard in England?
There are still some claims being heard but you would have to successfully argue as to why your claim should be heard.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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There are still some claims being heard but you would have to successfully argue as to why your claim should be heard.

 

Well, there's the rub. All my wife could say is the same thing that she's initially said to the bank (whom we're both no longer with), to wit, that ' default charges are unfair and not proportionate to [its] costs'. That's the only arguement there is. So why would a Scottish Sheriff act upon something that's not yet been settled by the English courts? I'm sorry if I appear obtuse, but I'm just trying to get my head around all this. Are you saying she should just lodge the claim, anyway?

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Well, there's the rub. All my wife could say is the same thing that she's initially said to the bank (whom we're both no longer with), to wit, that ' default charges are unfair and not proportionate to [its] costs'. That's the only arguement there is.
That is far from the only argument there is in getting your claim heard.

 

So why would a Scottish Sheriff act upon something that's not yet been settled by the English courts?
Because Scots Law is completely seperate. The sheriff can choose not to be bound by an English test case. Please read here for further information.

 

Are you saying she should just lodge the claim, anyway?
Yes.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 9 months later...

If you use a common law argument a judge still has the legally binding duty to hear the case the reason for this is although they can sist the unfair terms and conditions argument no Scottish judge has made a decision on Common law in Scotland. The case in England that was heard under common law was a matter of English common law. Because Scotland's legal system is separate from England common law arguments must be heard by a Scottish judge and as one judge stated he cannot be bound by the decision of a foreign court in this case England as the case must be heard in Scotland. Therefore an appeal could be granted under the argument of Scottish common law.

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