Martin v Bank of Scotland

[mwilson]

Hi All,

 

I have been gathering information off the site for a number of weeks, and finally sent of my claims last week. I thought I'd gotten a grip on the procedures involved (Scottish Law) but have read something which I'm now worried about.

 

As my total claim is for around £1500, I split it into three years worth of charges. I have read in another thread that once you have taken a company to a small claims court, you cannot sue this company again.

 

Also, part two of my claim is also with BOS, but for my business account. I sent my initial claim in on 14/09/06 and received a call from my business manager two days later. He is adamant that all legislation regarding charges only apply to personal accounts. The call was almost bullying, and it has made me more determined to take this all the way - if I can. Again, I have made three individual claims for the last three years.

 

Any help or advice on these two problems would be most welcome.

 

Martin

[livelylad]

Hi All,

 

I have been gathering information off the site for a number of weeks, and finally sent of my claims last week. I thought I'd gotten a grip on the procedures involved (Scottish Law) but have read something which I'm now worried about.

 

As my total claim is for around £1500, I split it into three years worth of charges. I have read in another thread that once you have taken a company to a small claims court, you cannot sue this company again.

 

Also, part two of my claim is also with BOS, but for my business account. I sent my initial claim in on 14/09/06 and received a call from my business manager two days later. He is adamant that all legislation regarding charges only apply to personal accounts. The call was almost bullying, and it has made me more determined to take this all the way - if I can. Again, I have made three individual claims for the last three years.

 

Any help or advice on these two problems would be most welcome.

 

Martin

 

hi you can sue them again

 

read karnevils thread ref business account, you can claim

 

 

you can do the claim as a whole as well.

[mwilson]

Hi All

 

I have just completed my LBA to BOS for my personal account. Can anyone tell me if there is a specific LBA for a business account claim as I can't seem to find one in the templates.

 

Thanks

 

Martin

[mwilson]

Hi Everyone

 

Just asking a question to get things right in my head before going any further.

 

I sent my initial letter on 14.09.06. I got a rude phone call and then heard nothing further. I then sent the LBA on 28.09.06 and have again heard nothing.

 

At this point, I should now be going ahead with some court action, is this correct? Should I be sending a letter informing them court action is imminent, or have they had all their warnings?

 

Any help to ease the nerves at this point would be very welcome.

 

Thanks

 

Martin

[sarahmoon33]

I would say its time for Court action. They've had plenty of time to respond.

[mwilson]

Hi

 

Court it is then!!

 

Because of our small claims proceedures, I have split my claim into individual years at around £600 each. Should I do one claim at a time, or hit them with all 4 years claims at once?

 

Martin

[sarahmoon33]

I think its better to do one at a time. Thats what Im doing personally.

[weej]

dont do them all at once........if you do that the court can instruct for them to be combined, and that will take you over small claims threshold (this is likely to happen).

 

As a halfway house, why ot go summary cause which allows you up to £1500?

 

J

[mwilson]

I haven't read anything about summary clause. Is this not a more costly and risky alternative to the small claims route?

 

Martin

[sarahmoon33]

Im pretty certain it costs the same as small claims but that if, by some mad chance, the bank did win you could be liable for costs. As far as Im aware small claims has not cost risk other than the £39.00 you pay.

[weej]

Cost is the same (I think) at £39.

 

The main difference is that should you lose, then the court may decide you are liable for the bank's legal costs. That said, it is highly unlikely any judge would order and individual to pay the costs of a company such as a bank. Anyway That's assuming it even gets to court - which it will almost certainly not.

 

In other words, risk? very very small. I will be going down this route if needs be, as have a great many others and the administration (form filling) is almost identical too.

 

At the end of the day, its your call, but I certainly know what route I will pursue.

 

Hope this helps.

 

j