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Hi everyone,

 

I just wanted to introduce myself and hope someone says hello and is willing to offer me some help! I've posted a couple of times on the RBS forum but its not very busy!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4842

 

Here is my story:-

 

I sent off my Prelim Letter to RBS (to my branch and copied to the customer services link on the sticky at the top of the RBS forum) on 22nd March and received the standard reply. I then sent off my LBA to my branch, the customer services person already written to and also to the person who had replied to me. Just to make sure they got the message, you know! I have received the standard 'go away - this is our final response and you can contact Financial Ombudsman blah blah'

 

I am now ready to submit my court claim. I should be submitting this today I have not had ANY funds until today and I will be able to get to the court on Tuesday (if I have to submit my claim in person?). If so, I will be submitting this claim form early next week.

 

I have a couple of questions that I was hoping somebody would be able to help me with (please!)

 

*To anyone who has already submitted a court claim in Scotland - can I use moneyclaim online (as people in England can) or do I have to go to the court?

 

*How do I find my nearest court? I think my nearest is a sheriff court - can a small claims case be heard at a sheriff court?

 

*If I do end up going to court, will someone please accompany me and help me? I am really scared of doing this but DETERMINED to see it through.

 

I'd appreciate any support and advice from anyone. The RBS forum is not particularly busy so it'd be great if someone could please reply.

 

Thank you

 

meagainstrbs

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Hiya,

 

I don't know about the moneyclaim thing, I think it's an English and Welsh court service website which means you can't file a scottish claim on it.

 

Have a look at this site

 

http://www.govanlc.com/

 

It's the govan law centre.

 

This link has raising charges in scottish courts.

 

http://www.govanlc.com/chargescourtaction_scotland.html

 

Have a read, it's a good site. Any more questions, ask away.

  • Confused 1

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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As for attending court, I'm an exile down south, if you get your court date arranged and I can arrange a trip back home to Perth I'm more than happy to come along if you need some help.

 

I'm helping my sister through the same process and she lives in Stirling, but we've only just issued the DPA this week, but if I can be of any help, just ask.

 

Dave

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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I have a couple of questions that I was hoping somebody would be able to help me with (please!)

 

*To anyone who has already submitted a court claim in Scotland - can I use moneyclaim online (as people in England can) or do I have to go to the court?

 

*How do I find my nearest court? I think my nearest is a sheriff court - can a small claims case be heard at a sheriff court?

 

*If I do end up going to court, will someone please accompany me and help me? I am really scared of doing this but DETERMINED to see it through.

 

I'd appreciate any support and advice from anyone. The RBS forum is not particularly busy so it'd be great if someone could please reply.

 

Thank you

 

meagainstrbs

 

1 - No you cant use moneyclaim...this is not applicable in Scotland, their small claims has different limits etc.....you must use Scottish Procedure

 

2 - The Sheriff Court is the correct way to raise a small claims.....link can be found here : http://www.scotcourts.gov.uk/

This is covered by the act of sederunt.......which can be found here:

http://www.scotcourts.gov.uk/sheriff/small_claims/forms/sederunt_small_claims_2002.pdf

The main homepage of the Scottish Courts has a search function on the right hand side of the page...enter your postcode and it will tell you which is your local court

 

3 - Depends on where you are, this forum has a 'buddy system' underway, whereby you register your details and find 'buddies' within your local area....i am in Fife, and would be more than happy to hold your hand (I have already submitted my first claim, with several more to follow)

 

I hope this helps you, let me know if you have any other problems

 

Scotia

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IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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Hi deemacperth and scotia,

 

Thank you so much for both of your replies - you have really put my mind at rest. I am planning to put in my claim early on Tuesday morning - I think its going to be at Haddington Sheriff Court in East Lothian - which is my nearest. I take it I just head down there and someone will help me out? Should I fill out the papers on the computer first and just hand them in or go down there with a note of the wording and fill them in there? Please advise...?

 

I am going to cobble together the wording from Govan Law Centre and library on here - even though I don't understand a word of it! Do either of you have a template of any court papers in Scotland you have served with the wording for the 'particulars of claim'?

 

Thank you both for offering to be my buddy - I'd be so grateful. I think it will all work out but I am so close to just going oh, f**k it - you know, thinking - is it worth it?! Well its £750 + 8% + £37 court fee + expenses so I think it is worth it! Having a bit of a crisis of confidence!

 

Anyway, thanks again - I was a bit scared when no-one replied that I didn't have the support - but now I feel a whole lot better!

 

meagainstrbs

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Do either of you have a template of any court papers in Scotland you have served with the wording for the 'particulars of claim'?

 

This is mine:

 

The claimant, YOUR NAME, has held a bank account with the defendant since on or before (DATE) the account number being xxxxxx. The defendant deducted from the account various amounts of money in penalty charges during the period 30/4/03 to 29/11/04. These were in respect of: ‘Charges as notified’ (levied if a cheque or direct debit payment was returned unpaid because the specified overdraft limit had been exceeded).

The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money. The Defender has refused full payment of these monies due.(Copies of correspondence can be provided)

No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the defendant as a result of the breach.

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimant’s account in the period from 30/4/03 to 29/11/04. The sums are detailed in the attached schedule.

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.

The Defender has a branch in Kirkcaldy therefor it is under the juristiction of this court.

 

 

Well its £750 + 8% + £37 court fee + expenses so I think it is worth it!

 

Its actually £750 + 8% = £39 court fee, and the maximum you can claim for expenses is £75.....but it'll be like trying to get blood from stone........the clerk told me that it was only to cover for travel etc, or if you need a carer to take you to court.....so they advised me to leave out expenses .......

 

If you send me a pm with your email addy i will email you a pdf of my claim form.....just alter your details, print out, and attach relevant spreadsheet.......make 2 copies, then hand in with fee

 

Hope this helps you out.....

 

Scotia

  • Confused 1

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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And don't give up, keep thinking about how you felt when you got the letter through telling you they were taking the charges off.

 

Make them pay.

  • Confused 1

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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I just realised that although I joine dthe bank in England I now live in Scotland, so my claims will have to be made according to local law. This thread has helped me a lot & I will follow till completion. Good luck.

 

Seton Steele

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Thought i'd add my name in the forum, I only came across the Scottish area by mistake, glad realy as I thought Money claim was the road to take. Anyway I am in Edinburgh and would be happy to assist anyone and give support if needed. I am in the process of making various claims and have found the advice brilliant. I am about to issue my appeal against Cap One so may need to put a claim via the Sheriff Court....now that I know that:p

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Thought i'd add my name in the forum, I only came across the Scottish area by mistake, glad realy as I thought Money claim was the road to take. Anyway I am in Edinburgh and would be happy to assist anyone and give support if needed. I am in the process of making various claims and have found the advice brilliant. I am about to issue my appeal against Cap One so may need to put a claim via the Sheriff Court....now that I know that:p

 

Hi Jamboray,

 

...I work in Edinburgh and I am happy to support you too (even though I've a feeling we'll disagree on football teams :lol: !) I'm not sure what use I'll be but in the unlikely event that it does get that far even just having another person there, I feel might help.

 

meagainstrbs

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Hi scotia and deemacperth,

 

Thanks again (have clicked your scales) - scotia I have PM'd you.

 

Its actually £750 + 8% = £39 court fee, and the maximum you can claim for expenses is £75.....but it'll be like trying to get blood from stone........the clerk told me that it was only to cover for travel etc, or if you need a carer to take you to court.....so they advised me to leave out expenses .......

 

I thought that would be the cause (from the Govan Law Centre website) so happy to leave that out since I can get to Haddington for free anyhow (monthly bus ticket!) - my one concession to the barstewards!

 

Thanks again guys - will update on Tuesday once I have been to the court to 'file my papers' (is that the correct term?)

 

meagainstrbs

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I have sent you a copy of my claim form, and my invoice for a pint...lol

 

I tend to use the terms either......submit my claim/s......or screwing the fechers !!

 

Anyway....good luck

 

Speak soon

  • Confused 1

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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go to the court website and copy the court papers to word or whatever you use then fill them in,print them off and attach your claim and charges breakdown.

the government site has all the forms you need your 2 are form 1 and form 1b not a

  • Confused 1

1)wintermare vs abbey

SETTLED £1901

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Hi scotia and deemacperth,

 

Thanks again (have clicked your scales) - scotia I have PM'd you.

 

 

 

I thought that would be the cause (from the Govan Law Centre website) so happy to leave that out since I can get to Haddington for free anyhow (monthly bus ticket!) - my one concession to the barstewards!

 

Thanks again guys - will update on Tuesday once I have been to the court to 'file my papers' (is that the correct term?)

 

meagainstrbs

 

Looking forward to see how you get on!!

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Hi guys, I too on work in Edinburgh but live in Livingston, just had receipt of DPA via royalmail.com.(28/04/06)

 

 

Will keep posting & looking at this thread (I have started my own), good luck, heres to all of us.

 

Seton Steele

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Hi, stay in sunny Fife also, currently writing LBA letter to First Direct, Leeds for over £4000 of charges.

Will be posting letter this Friday with 14 day notice, (away to Tenerife for 2 weeks on Friday) so time scale should work out nicely.

Don\'t let the B**tards grind you down

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Hi everyone,

One more question (phew!) before I submit my court claim tomorrow:-

There is a RBS in Haddington but my branch is in Edinburgh - but most of the correspondance I've had is from London - should I raise the action against my branch (I've had no correspondance from them at all even though I sent copies of both my prelim. letter and LBA there) or to the nasty guy in London (was quite looking forward to that after the tone of his response to my LBA)?

Can anyone please advise?

Thank you

meagainstrbs

 

 

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Sorry... I have now read wintermare's post at the bottom of the 'Scotland' forum, which answers the above question. I'm all set to go!

 

Good luck everyone!

 

meagainstrbs

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Hi everyone,

 

Me again - I went to file my claim this morning and just wanted to let you all know how I got on...

 

I filled in forms 1 and 1b (thanks Scotia for providing yours for me to base mine on) which was much easier than I had expected. I pulled together an updated list of all the charges and printed off two copies of the forms and note of charges and headed to the court.

 

This morning, I submitted my claim to the Sherrif Clerk's office to my local Sherrif Court which cost £39 and she took 1 copy of my forms and 2 copies of the charges. She read over the information quite thoroughly and took my fee and said that the court would be in touch with a date. She asked if I was going on holiday as if I was they would need to schedule the court date round that. I am not so she said it was likely to be at the end of June - eeeeeeeek!

 

I have to say (and I'm really not trying to put anyone off, just telling you my experience) that the Clerk was not very helpful - she was quite condescending and acted like I was an inconvenience to her vital conversation about what she had done over the holiday weekend and because she had to provide me with my £1 change!

 

Anyway - all done now. I do have to share with you the most ironic thing about the whole experience! There was a sign up in the Sherrif Clerk's office inviting all staff members of the court to a Royal Bank of Scotland (bank I am claiming against) Branch Open Morning for coffee and wine and chat - cosy, eh? I don't think I'll be popular down my court!

 

I'll keep you all posted!

 

meagainstrbs

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Very interesting.

 

Wonder why the banks are trying to sweeten the courts up. :-|

If the name of the claim is blue and underlined, click it to see how I did it.

  • Halifax - 1st Request for £3748.80 sent 10/06 Settled in full and 5% donated


  • Goldfish - Unable to comment further, have a read


  • Lloyds - Data Protection Act sent 19/04 1st estimated request for £1500 sent15/08 LBA sent 08/09


  • Carphone Warehouse - Data Protection Act sent 19/04 Chased 04/07 ICO complaint 18/07


  • First National - 1st Request for £280 sent 05/05 Settled in full and 5% donated


  • Yes car credit - LBA sent 19/07 Court Action launched 26/09


  • HFC Bank - 1st Request for £100 sent 06/06 Settled in full and 5% donated


Like what I said? Hit the scales on the top right of my post. Cheers

 

Disclaimer - By giving advice, I am not putting myself across as a legal expert. Always seek professional advice.

Help the site, donate 5%, I have.

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Well thats the hard part done....you will receive a copy of the form, and a court date within a couple of days, then just sit and wait on your letter from the bank saying they are gonna defend....

 

Good luck, and keep me posted

 

Scott

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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Woo hoo looking forward to how this develops, good luck and keep us posted!

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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I'm surprised that the clerk in Haddington was unhelpful. I deal with shriff courts quite a lot and have always found the clerks to be extremely helpful and friendly. anyway, I think its unlikely you'll be having too much to do with them again, because the bank will almost certainly cough up before it gets that far. The only other thing you'll have to do is serve the summons on the bank, which your local Sheriff Officers can do for you for about £20

 

One point I thought I'd mention. I noticed that your claim is for £750. Is this the total of how much they owe you, or have you restricted it so that you can fit it into Small Claims?

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Hi Robertxc,

 

I think I just caught the clerk on a bad day! 9am on the Tuesday morning after a bank holiday maybe isn't the best time to go - in hindsight, I'm not very friendly then if anyone visits me at work either!

 

My full claim would have been for £973 (if I was claiming in England) but I have claimed £743 to fit into small claims. I haven't decided whether to go after the other £230 as I've found all this really tough (and I'm really surprised I haven't chickened out yet - too late now!)

 

Can I ask you a quick question? When you say serve the summons - I must have missed this bit - is this if I win in court to get them to pay me or if not, what is it please?

 

meagainstrbs

 

P.S. Thanks very much to everyone else for all the support...:D

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If i am holding your hand, you better make sure you go for the whole claim..you will need it to buy me all these drinks ! lol.......i take it you sent all letters asking for full amount ? ie £983........i sent all mine for full amount £2116.....then LBA stated that i would be issuing 3 seperate claims due to small claims limit etc......so once my first claim is done, i will submit my next , and next, and so on,.....i wont be sending any further letters to remind them of this....as i stated in my LBA....'these claims will be submitted at the expiry of the second 14 day deadline and without further correspondence.......just keep remembering....if a mugger stole £983....would you be happy if he gave you £750 back....and kept the rest......no sireee !......go for the full amount ! you can claim back court fee's so it wont cost you anything

 

As for you 'serving the summons'...ignore that........

You dont have to bother with that bit.....up here in Scotland the sheriff court will send out papers recorded delivery to the defender.....ie serve them.....if they dont accept them or it cant be delivered , then we have to pay an extra £26 to get it delivered by hand.....we cannot server the summons ourselves...due to legalities...in fact i think i read somewhere this is the same for England....the papers have to be issued by court......it can be hand delivered but there are loads of loophole etc...and you don't want to jeopardise your claim

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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Please

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

 

Thanks

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