About Letter Before Action

[mikeb1]

Hi All

 

Thought I had posted this,but here goes again.When sending the above letter

do I ask for the original amount which is over the £750 as I did in the first letter

or do I have to ask for the amount which I would be suing them for should my case come come to court?

 

Sorry if this has been answered before

best

Mike b

[Tink]

Hi mike

 

I have claimed the same amount as in my prelim letter, only when I go to the Sherriff Court am I breaking down my claim, in my case I am taking the returned charges separately from unauthorised overdraft charges .... this works quite well to keep it under £750 per claim.

 

HTH

 

T

[mikeb1]

Cheers Tink Thought that was the case but just wanted to make sure

 

thanks

MIKEB

[fruitycar]

Hi mike

 

I have claimed the same amount as in my prelim letter, only when I go to the Sherriff Court am I breaking down my claim,

T

 

ditto, only I am doing mine by date.

[JMio]

Same as above - remember to claim the earliest ones first though, just in case any of them are close to the 5 year deadline (you'd be suprised how many don't think of this, including... who.!? Me.!? )

[mikeb1]

Thanks guys have taken the claim back to 2002 till last month is that correct?

and will claim for £720 + 8% intrest right?

 

TIA Mikeb

[susie-sue32]

What's the significance of keeping the claim under £750??

 

Also, can we only claim for the last 5 years in Scotland?

 

Sorry, just discovered the site and going a bit google-eyed reading all the posts!!

[mikeb1]

you can only claim last 5 years in Scotland

and only claim £750 max in one go-if your claim is more than 750 wait till

you get paid and reclaim on the rest-making sure you don`t go over the 750

mark at any given time. this is to include your intrest at 8% for each period

and your court fee of £39 and your £10 for your back bank statements.

 

Mikeb

[susie-sue32]

Thanks for getting back to me Mike. I'm glad I waited for a reply. I'm about to claim £900+ from RBoS! 2 stages it is then!!

[weej]

Suze.

 

You can still claim in one go, its just that you have to use the "summary cause" route as opposed to the small claims one.

 

There is very little difference in the procedure - ALTHOUGH - If you end up losing in court, the judge "might" get you to pay for the banks legal costs. That said, absolutely noone has had to defend in court, so it is highly unlikely to get that far.

 

I am going down the summary cause route, and so have loads of others.

 

Hope this helps.

 

J:D

[mikeb1]

Hi SUZ

Your wrong about no one having to go to court (WAJ) there is people from this site had to already go to court.Think you`l be better off Suz doing what I said.

One person I can remember from this site had the adjorned and told they had better prove to the court at the next hearing that the banks were taking money that was ilegal.Cant remember the post though but its happend alright.

 

mikeb