Terry P vs Bank Of Scotland

[tpaterson0512]

Hi Everyone,

 

I'm up to the point of having sent an LBA to BOS, and having received a letter offering me £ 650 (claiming around £ 2,998 over the past 5 years).

 

I believe I'm only supposed to claim for charges going back 5 years ?

 

I now want to file my first claim via the small claims court -- I've downloaded the pdfs for form1a/1b - and I remember there were some examples of how to fill them out ? could someone point me in the right direction ?

 

also -- I see lots of stuff about limiting small claims to £ 750 - but I'm not 100% sure why - can someone perhaps point me in the right direction for that too ?

 

Here's a breakdown of my correspondance so far

 

SAR Sent Aug 2006

Prelim Req 7th Sept 2006

LBA Sent Mid Oct 2006

£ 650 Offer Received Start Nov 2006

[maroondevo52]

Hi, Terry,

Yes your right about only going back the 5 years. I take it your in Scotland. You can claim between £750(Small claims) and £1,500.(Summary cause)I think with small claims if you were to loose your claim, all it can cost you is £39 court Fee ,not positive but I've heard you could loose about £750 if you go down the Summary Cause route. I've already had a claim for £720 settled in full by BOS and I'm going down to Edinburgh Sheriff Court tomorrow to claim £1,500 using Summary Cause.

The claim forms you fill in are identical, but I'm not sure how much the summary cause claim costs to lodge,(will find out tomorrow).

As you will be aware the banks do not want to go to court so you will get your cash.

Go to Forums---Guidance notes---Scottish procedure

Best wishes,

Keep us posted with your claim.

 

Scott.

[MARTIN3030]

Terry looks like you still need to do some reading up.

Its essential to be fully aware of the procedures otherwise youi face problems later.

Have another look at the faqs if not already conversant with them.

Read a few other BOS threads and as suggested look in the Scottish section.

All the answers you are looking for are here.

And of course for the techo stuff theres Site helpers and Mods never too far away.

[debt_mountain]

you can also go for the whole amount in 1 go if you go after the Leeds adress as English small claims are £5ooo and 6 years.

[tpaterson0512]

OK - Hoping to pop forms for a small claim into Dunfermline Sherrif Court tomorrow - but I'm still a little unsure about some things :

 

1. Section 4 of form1a / 1b :

 

"The Pursuer claims from the Defender the sum of £ xxx.xx with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action)"

 

not 100% sure how to read this - does it mean I'm claiming £ xxx.xx which is just the total of the charges, plus interest on each of those charges since the date of each charge ? (which is how it sounds)

 

or is £ xxx.xx the total of the charges, plus the interest on each of those charges since the date of the charges, and the "8% annually from the date of service" is about the interest from the date I submit my case to the court ?

 

e.g. interest on the charges plus the interest on those charges ?

 

 

all help much appreciated ?

[tpaterson0512]

OK - another one -- sorry to have so many questions -- just want to be sure..

 

My bank statements have both "Charges as Notified" and "Maintenance charge" listed - both of which I have counted in my previous letters to BOS, is it OK to claim these "Maintenance charges" thru the court ?

 

(The "Maintenance charges" seem to be applied at the end of the month if I have had "excess o/d charges" during that period -- so I think I can claim those too).