Killbi11 vs Bank of Scotland

[vigman]

Hi All,

 

Good thread this for those pursuing BoS.

 

Have now recieved the standard letter declining my claims for both accounts with BoS. One is for £530 & the other for just over £1200.

 

A couple of points/ queries. The first account is against a branch in Edinburgh and on Thursday I served a small claims summons in Linlithgow Sheriff court as I live in West Lothian. It is my understanding that as the claim is against a business this is OK as a someone pursuing a corporation can either serve papers in the district where either they or the business are domiciles (Edinburgh in the Banks case as they are domiciled on The Mound, Edinburgh), however if it was the reverse the company can only pursue you in the district where you live. Is this correct?

 

Having now recieved second letter this morning, I feel I have a coule of options and wondered which is actual best. Do I a) Send a LBA to them and give say 7/14 days to respond or do I b) Issue a Summary Cause through Linlithgow Sherriff Court? The other option would be to contact the Omuadsman. Any ideas anyone?

 

Also can someone confirm it is ok to have two actions lodged against the same defendant at the same time as these claims are for two totally different accounts? The girl in the clerks office thought it should be when I asked her on Thursday.

 

Finally I also asked her about split claims in the small claims track and she told me plenty people have done this through Linlithgow sheriff court although you certainly cant have two actions on the same accout at the same time.

 

Good luck all who are claiming;)

[jowalshy]

 

A couple of points/ queries. The first account is against a branch in Edinburgh and on Thursday I served a small claims summons in Linlithgow Sheriff court as I live in West Lothian. It is my understanding that as the claim is against a business this is OK as a someone pursuing a corporation can either serve papers in the district where either they or the business are domiciles (Edinburgh in the Banks case as they are domiciled on The Mound, Edinburgh), however if it was the reverse the company can only pursue you in the district where you live. Is this correct?

 

 

The claim will be dealt with in the court nearest to you as you are claiming against a business.

 

If you have not done a LBA and just done your prelim letters, then I would send LBA giving 14 days to comply.

[vigman]

The claim will be dealt with in the court nearest to you as you are claiming against a business.

 

If you have not done a LBA and just done your prelim letters, then I would send LBA giving 14 days to comply.

 

Thanks jo. I have sent prelim letters and allowed them full time to "investigate" have now recieved letter dismissing my complaint. Only thing is I forgot to add interest on this one when I sent prelim letters, so is it worth writing back with LBA and schedule including interest or just sod em and issue summary cause?

 

Thanks again

[jowalshy]

What interest were you claiming or thinking of claiming as the 8% interest is only claimable when you file a claim with the courts.

 

At this stage the interest claimable is either interest charged only on the charges levied or contractual interest which is charging them interest on the charges levied at the rate they charge you.

 

As you have not claimed the interest at prelim stage, I would wait for the court stage and go for the 8%

[vigman]

Thanks Jo, Big help.

[HBOS_Staff_Member]

Silly question alert. When you filled in the form(s) 1 & 1b which option did you choose in the action for section?

 

I bank with Halifax but am in Scotland. Will it be ok to name the defenders as Halifax and Bank of Scotland? Doesnt seem like there is any local Halifax branches up here.

 

 

Thanks

[Bigmac versus]

Hbos