scottish procedure

[Stepper]

For 3500 you would make 2 x £1500 claims via summary court and one in small claims, so it is only 3 in total, BUT once you have that first win, I guess you will be feeling quite elated and wont mind doing it again - this time however, you will have some money to your name. I believe the thing you really must look out for is that if you win your first claim and they send you a cheque or letter - BEWARE of the wording, it might say that the money they pay is a FULL and FINAL claim. In this case you can either accessept or send the cheque back. If they plant it on your account then you must NOT spend it. I have seen other standard letters on this site that advises you what to do when they try this one. Having said all that, I have still to file the first claim - I am just awaiting advice and a letter from a very helpful court clerk that I spoke to today. Just one step at a time. I have only been using this site for a week and I have picked up so much information and you will to, just keep plodding on - after all, you have nothing to lose (its already gone) and everything to gain, even most of the claim is good cause up in till now the money was gone and well out of reach. I will stick on anything else I come across in the course of my journey. Good luck. Stepper.

[Seahorse]

Stuck in the (perhaps) unenviable of having to go down the Ordinary Cause route. Claim is for over £30K, with claiming back 10 years and adding on contractual. With all that at stake, I think I need to make sure every T is dotted and i crossed, so it'll need to be a solicitor for me to make sure.

 

Only at the prelim stage, but I can't see them coughing up that lot without a fight. And I need to be prepared well ahead of time.

 

Seahorse

[Stepper]

Ah! I do not think you can go that far back - I might be wrong, but as far as I understand it you can go back 5 years in Scotland and 6 in England. It does seem a helluva lot of money - was that on an ordinary account?

[Stepper]

Went to the court today to put in my papers and discovered (as I expected - had a sneeky feeling) they were the wrong ones for a Summary Action: Anybody who is claiming over £750 should try this link below. With this form you can fill it out online but you cannot save it, and here is the text that was sent to me by a Sheriffs Clerk (she told me some people were downloading the wrong information for the 'details of claim box 7' - she also said NOT to include your account number in this box) - this is valid for SCOTTISH COURTS:

 

http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/summary_form_01_c.pdf

 

STATE DETAILS OF CLAIM HERE OR ATTACH A STATEMENT OF CLAIM

(To be completed by the pursuer. If space is insufficient, a separate sheet may be attached)

 

The details of the claim are: 1. The Pursuer has an Account with the Defendant which was opened on or around DATE. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the account in respect of purported breaches of contract on the part of the Pursuer and also charged interest on the charges once applied. The Pursuer understands that the Defendant contends that the charges were debited in accordance with the terms and the contract between itself and the Pursuer. 3. A list of the charges applied is attached to the particulars of claim.

 

4. The Pursuer contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Pursuer; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. As the Pursuer being entitled to reimbursement of the Defender charges, decree as craved should be granted with expenses. 6. The Defender operates from NAME AND ADDRESS OF YOUR LOCAL BANK and has been domiciled there for three months immediately preceding this action. The Pursuer entered into a consumer contract with the Defender. This court accordingly has jurisdiction. (Civil Judgement and Jurisdiction Act 1982, Section 41 and Schedule 8 Rule 3).

[texel]

Hi all you guys. Sorry it has taken me so long to reply to the emails you all sent. Not only was my telephone line out of order but when it was back on (after two months) ( it will cost BT a packet ) I had it for two days then on 15th. Feb My computer went black and it turned out that the hard disc had Jamed frozen or something and my whole thing had to be rebuilt!!! However got it back last night:) As a result I am a bit behind of course lost everything on my hard disc so will be starting from scratch:x Well BOS setled for in total £ 1672.10 :grin: that included £ 1500.00 for suit and bal for costs. I found it very easy for a summary court nothing to worry about I did not use any legal language just kept things simple

I did not go into a lot of words on section 7 for the summary case This is what I putThe pursuer had a bank account Name for a number of years with the Bank of Scotland. There have been a number of high charges because of returned cheques and over draft limits. Have tried several times to have these charges refunded to no avail. Therefore this action is necessary. This ia a consumer contract therefore Perth Sheriff Ciurt has jurisdiction.

 

This is what I use on all my suites of course I send on a seperate sheet a copy of the amounte eg. Date, Transaction type, Bank charge, Days since offense,( I take intrest charged if monthly multiply by 12 and divide by 365 this gives me the intrest to charge) intrest, and amount. Then add the the bank charge col. and the intrest col. which gives me a total to go after:-) I hope this will help any beginners . Let me know if I can be of other help.

BOS settled sumary case

credit card suit one still on the go

Beneficial settled

Barclaycard settled

RBOS settled three cases one still on the go

Monument settled

still have a bunch to go not started yet:!:

[hendersonb]

Has anyone done a small claim (under £750 in Scotland) I'm looking for help filling out the form for court. Also if any of you that have been to Kilmarnock Sheriff court has done it that would be even better as thats where I will go. Will be claiming 2 sets from RBOS one for £750 and one for around £500

[texel]

HendersonB I have settled three suits with RBS. I would not advise doing two small claims together the court might lump them together. Why not do one summary class action it is much the same as small claim but you can go as high as £ 1500. The most you can do in Scotland in small claims is £ 650. Ask at the court as those people are very helpful. I have done mine at Perth.

[Seahorse]

Ah! I do not think you can go that far back - I might be wrong, but as far as I understand it you can go back 5 years in Scotland and 6 in England. It does seem a helluva lot of money - was that on an ordinary account?

 

Having researched the reasons why you CAN claim back further than the 5 years, I'm convinced it's possible to convince a judge. Total claim on 2 accounts comes to something like £7K, with interest added in, and by applying contractual interest compounded over all that time, it fairly bangs up the claim.

 

To be honest though, if they offer anything like the total charges, I'll probably accept, as going down the ordinary cause route means using a solicitor, and I'd resent giving that lot any part of a claim. Just need to wait and see though.

 

Seahorse

[hendersonb]

HendersonB I have settled three suits with RBS. I would not advise doing two small claims together the court might lump them together. Why not do one summary class action it is much the same as small claim but you can go as high as £ 1500. The most you can do in Scotland in small claims is £ 650. Ask at the court as those people are very helpful. I have done mine at Perth.

 

How much does it cost to file a summary class action?

[texel]

£ 120.00 I think but you get it back. As I am on income support it did not cost me any thing except when I had to get a sheriff officer to handle the summons It cost about £ 30.00 but I got it back. Actually it is good having a sheriff officer doing the summons as it gives a bit more force at least I think so. I am about to my second summary case against BOS very shortly, after they have had fourteen days to come up with the payment. They do try to frighten you. In my case they said they were going to defend the case on court day they had no one to offer a defence, I had a difficult judge that day and he told a lawyer to find out if any other lawyers in the court had been told to defend./ Noone had so the lawyer phoned the BOS They said they had lost the papers and asked for a two week continuance. The judge gave them the two weeks even though I said I would only approve one week. Two weeks later at court their lawyer ( the same one who had phoned the bank earlier) came to me and said BOS wanted to settle. I did not agree with the settlement figure so when it came to the case being called I told the judge ( a much better judge this time) I did not aggree with the figure so he gave me three weeks continuance to get a figure which I would settle. Three weeks later we settled and I eventually got paid:) I since got paid for another business account without going to court ar even filing but unfortunately it was only for £ 137.00

[hendersonb]

Was to do with cost I wanted to keep it in small claims - its ok claiming the charges back - but i'm not fortunate to have £150 spare waiting for it to be claimed back. I could only afford to do that for maybe 2 weks if it went any longer i'd have to miss bills that need paid

[texel]

Ok but only file one case at a time or the court may lump them together. Best of luck let me know if I can be of help.

[hendersonb]

Many thanks, 2 claims should do it - was going to keep them seperate anyway, 1st claim is for £736 - LBA sent yesturday. See how I get on with that before going for the remaining £500ish claim. Do you know anywhere where I might get some advice in filling the court papers in (no getting ahead of myself just want to make sure I can keep to my deadlines I stated to them - 13 days before I start court action against them if i don't get a settlement. I'm not too bothered about the intrest on either claim just be nice to get the charges back- the first claim will clear the overdraft I have RBS and the second will pay for a well deserved holiday and a donation to the site from both obviously ;-)

[sn00psmum]

How much does it cost to file a summary class action?

 

Hello, it costs £39 to file a Summary Cause, but if you are in receipt of benefits you can fill out an exemption form meaning you won't have to pay it. Summary Cause requires that you get the summons served on the bank by a Sherriff Officer, you will find a list in Yellow Pages. I've not filed yet but I think the Sherriff officer costs anything between £15-30. You will get this back though if your claim is successful.

 

SM:p

[texel]

Henderson B For the love of pete don't let the B------- get away with anything especially if it is RBOS charge your interest even if it means three cases. It is your money!!! They will pay it back they did three times to me and I have one more going!!! An idea on your papers when you file them. Put in a sentance about them removing any defaults against your credit rating or you will have that mill stone round you neck for six years

[hendersonb]

I've never had a default on my credit history from RBS, I had a phone call from my local branch saying that they sent me out an offer on 12th February (Doubtful) I didn't send my Prelim letter till that date so wouldn't have been recieved by them till 13th, They recievied my LBA today - hence the phone call - I was told to phone back the woman at the branch on Tuesday if I still hadn't recieved the offer. However deadline is still ticking no offer the to the courts it goes. So hopefully won't be long till first set of charges is settled then its on to the second set. I'll update my own thread with the details tonight - I'm on my lunch break just now

[texel]

Good luck on your offer don't let them off with anything. They had to come back to me several times before they came up with the right amount. I got a credit report that was where I found out about the defaults RBS were the only bank to put on the defaults on three cards they said it was because I had not kept up my payments. I will not bother you with reasons etc. but I will go after them on my next suit.

[hendersonb]

Thanks texel, well I'll phone the branch if I don't hear anything by Tuesday - The girl on the phone sounded quite nervous about getting my LBA, not sure how many the Kilmarnock branch of RBS have recieved before. Was a similar to when I went to the branch a while ago to get copy statements, girls running around asking each other what they have to do.

[maryc]

i have to claim 4000pounds from the clydesdale bank in glasgow,i rec'd a letter today saying they are not refunding me, can anyone help on the court procedure ta

mary

[Seahorse]

Was this in response to your prelim, or your LBA, Mary? If you have to raise a claim on £4000, you will be in the murky realms of Ordinary Cause, rather than small claim, or Summary Cause, as it's over the £750 and £1500 limit respectively. Something I'm increasingly looking like having to research further myself.

[texel]

HendersonB You have to remember that theses wee girls don't really know anything other than their little daily jobs anythong unusual throws them for a loop. If you get an older one who is more conservant about the business like one I was talking to today who when I mentioned that she had probably had several people after the bank for refunds said that you could say that we have been busy!!! It is the small claims people who are so helpful. Best of luck

[Steveh3]

Hi all good people

I have a claim for £1080 from barclays.

I have made the claim for refund.

I have recieved an offer of £715.

I have sent the LBA and they would not offer anymore.

I am about to apply to the small claims court.

Has anyone any experience dealing with Barclays through Scottish courts. I am raising two claims. 1, £740+176.85 interest, 2, £340+134.82.

The 1st claim is under the max claim allowed, but when the interest is added it is higher than the max, am i doing the right thing.

Any help would be great.

Steveh3

[sn00psmum]

Hello Steveh3!

 

Are you aware that you can file a Summary Cause? The upper limit for this is £1500 so you could get your whole claim in one go. Summary Cause costs the same as a small claim, £39 (you may be exempt if in receipt of benefit) also, you need to get the summons served on the bank by a Sherriff Officer, the cost for this varys between £15-40. You will get these amounts back as costs.

 

Both Summary Cause and Small Claims actions are exclusive of interest, ie just add your charges up to within the limit of either action and the interest goes on top of that.

 

You should read as many threads as possible and ask as many questions as poss! Good luck with it & keep us posted.

SM:p

[texel]

My advice is go the saummary cause route it is very easy. But maybe you should let Barclays know that you are going to sue if they do not settle straight away. I had a simillar situation that was settled for the whole amount after I in formed that I was happy to go to court.

[scoobydoo1]

I have a question as to claims in Scotland.

I have just sent my letter before action but my total charges for the last 6 years ( not including interest ) is over 8 grand.

This is not a typo yes 8000 quid.

This amount is too big for the small claim courts ?

What do i do?