Jump to content


Is there a way past the £750 limit?


simondee
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5414 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Have a claim with BoS that looks like will be settled this week. Also have further claims to be made after this one is done. Would it be worth enclosing a "WITHOUT PREJUDICE" letter with the next "Letter Before Action" saying that the total I will eventually be claiming is £xx.xx, and if refunded no further action will be taken??????????????

 

Would like to have all claims settled a.s.a.p., but with the £750 limit in Scotland it will drag out a bit.

 

Any thoughts?

Link to post
Share on other sites

My claim for £750 was settled two weeks ago and I wrote to them "without prejudice" advising i was intending to pursue further claims, asking if they would settle now to avoid further court costs. I didnt hear from them so phoned on friday and they told me that they have to follow standard procedure and would not settle and i have to submit a further claim as before. I did tell them it seemed a waste of time and money on everyone's behalf considering it would be settled anyway which they agreed with but they had to abide by the banks policy. So i am submitting another claim tomorrow and hoping it will be settled quickly as i have read various threads saying that subsequent claims are generally settled quicker than the first.

Link to post
Share on other sites

I am sending 4 claims simultaneously.

First three will go thru the 'Sumarry Cause' court, which I believe has a limit of £1500.

The 4th will go through small claims as it is only £185

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

Link to post
Share on other sites

Go through the summ cause route. Limit is £1500 just as crocodiles said.

More or less the same form as small claim, just download the correct one from

 

Summary Cause

 

A little higher risk, (costs) but then no one has lost yet.

You also have to pay another £30 ish to have the claim served. so not much diff between the 2.

Crocodiles, don't do all 3 claims at the one time, wait till no1 is complete before beginning no2.

mairi

Link to post
Share on other sites

why not use their address in Halifax and then post the papers to an English court and use the £5000 rule.

 

When I eventually get my statements that is what I will be doing.

 

I did this with Nationwide using Morpeth court and it was fine.

If I have helped click my scales....

 

Find my threads by clicking here

Link to post
Share on other sites

Mairi, just wondering why you advise not to run claims at the same time. Also, I am sure you need to have an english address to make the claim through the english court system so not really possible to do that if you dont have one?

Link to post
Share on other sites

hi again

just wondering why you advise not to run claims at the same time

 

If you do this for the same account then the bank MAY consolidate the claims into 1. Then you would be stepping up to "ordinary cause action" and you'd need a lawyer.

If you have a friend or relative in England then you can use their address, and get them to forward all mail to you. I havn't done this so you would need to check it out. There is a thread in the Scotland forum about Scots that have went through the English system.

Good luck

Link to post
Share on other sites

The caveat on running multiple claims is well founded. I was in Court 1 in the basement of Glasgow's Sheriff Court listening to various small claims action proceed and the solicitor for the Bank of Scotland turned up to answer the first of 3 SC actions raised by the Pursuer. The defender was there, but the Solicitor used a motion that the defender (although possibly well meaning) had chosen the wrong track, by attempting to get round the £750 limit either by accident or design. It was suggested to his Lordship that under the circumstances there was no valid case to answer and the actions sghould be dismissed. The Sheriff concurred and advised the pursuer to take advice from the Summary Cause office and struck out all three actions. As to costs, there were to be carried by each party (the defender's solicitor magnanimously demurring) so the Pursuer lost all the money paid into court, aorund £100 and will have to start again. Not an ideal outcome.

Link to post
Share on other sites

Thanks for all of your help.

 

I think I'll take the slow route and deal with one claim at a time, feel more comfortable/safer this way. I had thought that as the bank had already settled on one claim, they might stump up the rest knowing that I'll take it to court.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...