Spuzzcake VS RBOS

[spuzzcake]

Hello All,

 

I am in Aberdeenshire and am claiming back £1,990 plus £372.36 in overdraft interest from Royal Bank of Scotland. I have sent my preliminary approach for repayment and am just getting organised for sending my LBA and then actually filing the claim at court. I will definitely be staying within the Small Claims and don't wish to use a Summary Cause. I have come across a few problems though...

 

1) There is very little information regarding severing a claim in Scotland. How does one go about severing a claim? What Act does it refer to and how would the court look upon this? i.e. Abusing the Court or just making use of what is available?

 

2) When it comes to claiming interest once the claim reaches court, I have read in Vampiress' post re: spreadsheets that the 8% can not be claimed in Scottish Courts. What can be claimed and at what rate and what Act does this refer to?

 

I've researched this as much as I can and haven't come across any stone wall answers. I'll continue my research in the meantime and will update this thread when necessary, it will hopefully act as an answer to the next person and stop the need for this to be asked again!

 

Mark.

[charlieho]

Spuzzycake,

 

I reckon Nationwide owe me £2579.00 in unlawful charges plus interest at 8% of £697.00 .My first small claim was for £744.46 which I listed as schedule of charges of £570.00 plus interest of £176.62. Nationwide have sent me a cheque for £723.12. I have replied accepting this as a partial settlement wanting a further £87.80 to cover court costs and the difference of interest see Charlieho v Nationwide

 

I used the particlars of claim template from the Govan Law centre

and included the following

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimants account from 06/02/02 to 04/02/03 .The sums are detailed in the schedule attached to these particulars of claim.

 

The schedule of claim was the spreadsheet from vampiress for use in Scotland

My argument if it got to court would be that £570.00 in 2002 is worth £744.46 at todays value - don't know if it would stand up ? however looks a though Nationwide are settling this at the summons stage.Apon settlement of this claim I plan to submit a new claim for the next lot of charges - In my initial LBA I had asked for £2579.00 which has not been settled therefore I am submitting a new claim without further correspondence (although I note that someone has suggested to start from the preliminary letter again)for the next £750.00

 

Charlie.

[spuzzcake]

Hi Charlie,

 

Thanks for that, I was thinking along the same lines splitting the claim up into dates that total less than the £750. I then thought that if it came to signing anything concerning full and final settlement that it would waive any right to claim the rest of the money owed. From what I have read the banks seem to be sending a cheque for the full amount (or close to the full amount!) and not asking for anything to be signed. The signing of paperwork is only when offering a percentage of the total amount claimed. Were you asked to sign?

 

In the meantime I will keep all demands for the full amount of £1,990 + interest and break it down once it goes to court. The problem is that's 4 claims at present and if I am able to claim the 8% or contractual rate then it will be 5 or even 6 claims! I am giving the bank incentive to settle early, at present I am offering to waive interest charges as a good will gesture. Once it gets to LBA I will be demanding the interest but waiving the court fees and 8%/contractual interest and once claim is filed with court it will be the whole whack back!

 

I've had a look around the Govan Law Centre and it's not as easy to navigate but still very helpful!

 

Anyone have anything to say about the 8% or contractual rate of interest claimable at Scottish Courts?

 

Mark.

[charlieho]

The've not asked me to sign anything and I've said in reply to them

Thank you for cheque for £723.12, which I note from your letter is composed of refund of charges of £570.00 and £153.12 in lost interest, which I accept in partial settlement of my small claims action SA 243/06

 

Which I think make it clear that it is only for this claim (the first of 4).(Not that i've stated I'm going to make 4)

 

Charlie

[gargoil]

It is my understanding that the interest claimed on top of the charges is not included in the £750 small claims limit. IE. You can claim up to £750+interest/costs!

[towelie]

Yes that is correct. You can claim up to £750 of charges plus interest plus costs.

 

I habe just put in my claim against TSb for £744 charges plus interest and costs, total £981.52

[charlieho]

The reason I put my claim in this way was that Fruitycar did not get his interest awarded by the Sherrif in his case see Sorry guys.... Therfore I included this in the schedule of claim hoping that this would work.

 

"Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. " is NOT applicable in Scotland.

 

From the Scottish courts web site -Taking a Claim to Court

 

How to commence court proceedings

 

 

 

 

You will note that a blank space may have been left in the form of claim at section 4 to enable you to fill in the rate of interest (if any) you wish to claim. The normal rate of interest is the one approved by the court,known as the ‘judicial rate’. This is currently 8%.

 

Interest normally becomes due from the date the summons is sent to the defender.

 

If you wish to claim interest at a different rate, or wish the interest to commence from a date other than thedate the summons is sent, you should seek advice before completing this section. Please note that this is not a matter which the sheriff clerk can assist you with.

[spuzzcake]

FOR SCOTLAND:

 

It is now my understanding that the 8% Judicial rate of interest is not for the life of the amount owed but only applies to the date of a verdict in court. So if it's decided in court that you are owed £712 by Big Thieving Bank on the 08/10/2005 but they only pay you on 14/03/2006 then you are owed the amount decided plus the 8% interest for that time too. You can't claim the 8% from the date a charge is levied. This is from my research, there are other answers out there - make your own mind up who is right!

 

With regards to keeping the claim under £750 then this would include the overdraft interest but not judicial interest. So you can't claim for £750 + overdraft interest of £100 it must be £750 INCLUDING overdraft interest. Any judicial or contractual interest would be on top of this as would expenses (Court fees, travel expenses, Data Protection Act request)

 

Onwards and upwards!

[seaweasel]

To clarify, am I right in thinking that you can only get 8% between the dates of a judgement and the bank paying you, or is it from the date you start your claim? Either way, presumably you couldn't include any judicial interest on your LBA to the bank.

[spuzzcake]

Yes you are right that the judicial rate only applies from the date of judgement to the date of payment - this is for Scotland only. This should not be included in the LBA anyway even for people claiming in England.

 

Where abouts are you seaweasel?

[seaweasel]

I'm in Glasgow.