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sarahmoon33

Sarahmoon v Bank of Scotland

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Am confused re starting threads!!!! Received statements and have now prepared preliminary letter. Will post out Tuesday first class recorded. (Bank Holiday here). I was going to send it to the Branch I use. Is that okay???

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Yes it is fine to send to your local branch, but I wouldn't bother with Recorded Delivery - just an ordinary First Class stamp will do.

 

Good luck.

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Guest willowb

Barracad, why not RD? Don't we need to have proof of delivery? especially if it goes to Court?

 

Wxx

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I would only post your letter using recorded,this is your proof if they do not reply...for a quid its well worth the peace of mind.Infact ALL correspondence should always be registered post.Goodluck!

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Barracad, why not RD? Don't we need to have proof of delivery? especially if it goes to Court?

 

No, not at all.

 

CPR states that you only need proof you have posted the item - and a dated copy of a letter you have sent is sufficient proof that you posted it - you don't need a Certificate of Posting etc.

 

And whilst Recorded Delivery is only a few pence extra, if you read round the forums you will see that it sometimes causes extra problems which would have been avoided if you sent it ordinary First Class.

 

I strongly recommend you don't use Recorded Delivery when sending the prelim & LBA to the bank.

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Then how can you prove youve sent it without a receipt?...what other proof are you referring to apart from a copy of the letter itself?? Its covering your own back and is strongly recommended .

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Stongly recommended by whom?

 

I suggest you read the CPR for yourself if you don't believe me - a dated copy of the letter is proof enough that you sent the letter as far as the Courts are concerned.

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........Its strongly recommended from the "common sence" society.Do not ill advise new members to do this .It can only be a positive precautionery measure....by the way,what Bank do you work for??

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Its strongly recommended from the "common sence" society.

 

Depends what you're referring to.

 

If you are referring to getting a Certificate of Posting, then there is certainly no harm in it, but "common sense" would say what is the point of queuing up in a Post Office for something that isn't needed when the letter could be popped in a posting box.

 

If you are referring to using Recorded Delivery then "common sense" would suggest you look at the trouble other people have had when sending Recorded Delivery to large organisations such as banks.

 

Do not ill advise new members to do this.

 

I am merely giving advice, based on CPR, which states there is no requirement to either obtain a proof of posting, nor use Recorded Delivery.

 

by the way,what Bank do you work for??

 

I think this just sums up about everything you have said and proves how much "common sense" you have - I am sure people who have any "common sense" will be able to figure out who to listen to and whose advice they should take.

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Guest willowb

Woooooaaaah that's a bit strong, I've never known Barracad to ill advise anyone! I just wanted his reasons for not using RD which are fair enough. I would rather use RD BUT if the Court will be satisfied with correspondance without, then Barracad would know.

 

Wxx

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lets just agree to disagree shall we....after all we are all just trying to give helpful advice,on this occassion,no ones entirely right ...or wrong.

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Okay, am now slightly confused. I thought RD would have been a better idea for proof of postage. Will decide on Tuesday best course of action!!

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If it gives you more peace of mind to get proof of posting then do so, but you don't need to use Recorded Delivery - you can ask for a FREE Certificate of Posting with any item you send at a Post Office.

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I believe it can only help in supporting your claim,atleast you can phone RoyalMail and find out when it was delivered by quoting your reference number.Atleast this way you are assured its in their hands and ,more importantly,being dealt with oppossed to "wondering" if it arrived.Also means that in the corresspondence that follows from yourself,you have the confidence that your letters are getting there too.

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You'll get a letter back saying they will deal with your complaint and reply within 4 weeks. If you wait....you'll get another letter from the Core Business team saying they need more time...another 4 weeks. I would send a second LBA with a completed court form attached and a dealine to action the court form. After that you'll have to file a court claim. Good luck!;-)

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I am confused about interest. I worked out on the spreadsheet the 8% interest from the date of the charge but what is judicial interest, is this different to the interest worked out on the spreadsheet.? Can someone throw some light on this as the more I read the more confused I become!!! Thanks

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Guest willowb

Don't worry you've not messed up! when/if you get to the MCOL stage and you file a claim, from the date that RBS acknowledge the claim you can start claiming 8% apr daily for the sum total amount of the claim (except the Court fee of course). Make sense?

 

Wxx

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Yes sarah it does make a difference.

You are in Scotland so the small claim threshold is different and you can't use MCOL . You need to fill in the claim forms,(upto £750) found here..use 1b

 

Small Claims Forms

 

Then use Scotias post here

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

This post will tell you EXACTLY what you need to fill in, either small claim or summary cause (depending on how much you're reclaiming)

All the best

mairi

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I realise theres a difference with the forms, and I understand Small Claims Summons as I used to be a Legal Secretary and these were a big part of my job. What Im asking about it can I claim judicial interest in Scotland on top pf my claim, has anybody claimed it successfully here. Thanks

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ive used the same spread sheet you did, judicial interest is the interest youre claiming and it is set at 8%.

Ive had this part of the claim paid on all 4 of my claims on the BOS. Although had to annoy them about it on 1 claim as i think i may have forgotten to add the spread sheet, but they eventually coughed up.

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