Just to clarify - BOS

[peigibeag]

The 14 day deadline is today, I haven't heard anything from them. The only contact they made was to send my statements. All my letters have been to The Mound. I will have to do 2 small claims. So can I just confirm that these are my next steps.

 

Go to the Sheriff Court and file the first claim - I'm hoping they will keep me right! Do I need to take anything with me?

Wait until that claim is settled (hopefully) before starting the second.

 

Would it be better to file the smaller claim first, or does it not matter?

 

I have read various threads but people seem to have differing experiences.

[peigibeag]

I've just seen reply this on someone else's thread.

 

You have to think carefully about splitting. If the case goes to court, then you can bet your boots any settlement will preclude you from raising any other action, as it will be viewed by the court as an abuse of process

 

My claim is for £1014.69. Would I be better to just go for the Summary claim? One more thing, where do I claim back the expenses? Is there provision for that on the court forms?

[bfb]

the court forms can be downloaded and filled in before going to the court Scottish Courts Home Page

 

this abuse of process argument is not correct, you are claiming in respect of different unlawful acts in respect of each claim perhaps analogous to the burglar claiming immunity from the second burglary because he has been done for the first

[peigibeag]

Thank you. I've just found the forms from more trawling round the threads:). 2 small claims may be easier then. I haven't looked at the small claims one yet.

[gordieboyglasgow]

 

My claim is for £1014.69. Would I be better to just go for the Summary claim? One more thing, where do I claim back the expenses? Is there provision for that on the court forms?

 

Hi

 

As far as I am aware (I may be wrong so hopefully someone will correct me if I am) the courts (if it goes that far) automatically add the expense of raising the action to the claim if you win.

When HBOS settled my first small claim they included the costs into the 'settlement' figure.

 

Again that has been my (limited) experience so far.

 

Hope I havent confused the situation even more!!

 

G

[peigibeag]

Thanks. I'm not hopeful of settlement out of court as I closed the account 2 years ago

[taylorbmw]

hi all. i just recieved my letter from b.o.s yesterday. for £1273 plus £551 interest and costs. they had until the 30th nov to defend the summmary cause action i lodged with the courts.. date was set for the 7th dec. usual standard letter.quote.

on a purelycommercial basis, it will cost the bank of scotland money to defend your claim in terms of the legal costs that will be incured, it is unlikely that the bank of scotland will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

for this reason, but with no admission of liability, bank of scotland is willing to reimburse £1273, in respect of the bank charges incurred, together with £538 in respect of approx intertest bank of scotland has has calculated was charged on your account as a result of these charges. bank of scotland has also reimbursed £39 in respect of court fees. bl bla bla. so use the summary action for claims of upto £1500. this figure does not include any interest due. so go for it. UP THE REVOLUTION:smile: ;-)

[gordieboyglasgow]

Thanks. I'm not hopeful of settlement out of court as I closed the account 2 years ago

 

 

I don't think it matters when or if you have closed the account, as long as the charges fall within the time limit. I don't think ANY bank has gone to court to defend against a 'standard' case, it apparently costs them too much to defend (however I think they are more scared of losing and thereby setting a legal precedent and then the floodgates would REALLY open!

 

Stick with it, have faith and remeber there is always someone on here who will give you support as well as a 'boost' when it all seems too much!

 

G

[taylorbmw]

ye. your right. they have never been to court to defend. if they do they will have to show how much it actually costs them to send out an automated letter saying you have went over your authorised overdraft limit bla bla. if they divulge this info its curtains, ha ha. dont worry they will pay up few days before. UP THE REVOLUTION

[peigibeag]

Thanks everyone. I feel more confident now.

[Mairi]

Hi peigibeag.

If your claim is for £1014.69. Then it may be less stressful for you to go for 1 summary cause. The forms are the same , apart from the title at the top of the page, (Scotias post in "guidance notes" can be used for small claim + summ cause, just make sure you download the correct page from the court website) the only difference is the court send the papers to you and you have to get a sheriff officer (found in the yellow pages)to serve the summons. You'll pay another £30 if hand delivered, £15 if they post it, this is a court cost and will also be refunded (as long as you keep reminding them)LOL

Try not to worry, you will get your money back.