Help please in Scotland - RBS

[meagainstrbs]

Hi scotia,

 

Yes, all letters sent for full amount - but just used standard LBA so didn't say would be submitting seperate claims etc - but I guess I could do this anyway as it was clear I wanted the full amount back. Maybe if they do try to settle (hopefully) then I could tell them that I'll be submitting another claim for the other £230 and see if they just give me it all (or would that be too lucky?)

 

That's great news about the 'serving the summons' bit - I guess the court will get back in touch if they have any problem delivering the papers?

 

Thanks again - and I've got you earmarked for a beer or two! Am trying to pass on the support by helping other people now too!

 

meagainstrbs

[Robertxc]

I would check with the clerk about service. I've certainly always done it myself. Normally what happens is that you submit to full claim for to the court, which includes the pursuers copy and the defenders copy. A few days later you get the defendoers copy back which you're supposed to serve on them. maybe the rules have changed lately and the court now does it for you. in any case, I would give them a quick call and check.

 

Do not be inimidated by them. It is MOST unlikely that they'll go to the trouble, risk and expense of defending your claim. If you want to make yourself feel better about it, browse through the Litigation concluded section of the forum.

[Ewan]

I may take you up on that in the not too distant future, edinburgh based RBS case here too Early stages yet though.

[scotia]

I would check with the clerk about service. I've certainly always done it myself.

 

 

I don't know why you did that ??

 

It explains everything here:

 

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

Section 2.08 states:

 

I remember seeing a post by BF or Dave that explained you could jeopardise your case by serving summons yourself......it has to be done by sheriff's officer or the court themselves

[Robertxc]

Ah yes, I stand corrected. I've never actually served it 'myself', I've got the sheriff officers to do it, but that was when I was suing on behalf of my business.

[deemacperth]

Yeah, it's the sherrif's officer that servers up summons in Scotland.

 

 

 

Rob,Quick question, don't want to hijack this thread, but have you got a link about your case, I'm intrigued by your signature and how you got the default with Nationwide removed. If not, could you start a new thread detailing precise steps you did over and above normal steps.

 

cheers fella.

[Robertxc]

Have a look here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6161

[deemacperth]

Nice one. Cheers for the morale boost.

 

Dave

[meagainstrbs]

gosh - the courts are quick!

 

meagainstrbs vs. Royal Bank of Scotland

 

Claim submitted 2 May 2006, Sheriffdom of Lothian and Borders

Case Number SA146/06

Return Day 19 June 2006

I can contact Sheriff's office on 20 June 2006 to enquire if the Defender has lodged any response to my claim

Hearing Date 26 June 2006, 10am

 

Fingers crossed!

 

meagainstrbs

[Robertxc]

Ok, so the return date is the date by which they have to notify the court whether or not they intend to defend it or not. They will probably submit a defence at the last minute (i.e. 4.30 in the afternoon of the 19th) - so be mentally prepared for that.

 

They'll put in a defence and act like they have every intention of defending your outrageous impertinence in court. Shortly after that they'll write you a sanctimonious letter about how they're prepared to defend their honour in court, but as a matter of 'good faith' they'll give you some of your dosh back. Tell them to get lost, and somewhere between the 10th and 26th of June they'll settle in full.

[meagainstrbs]

Ok, so the return date is the date by which they have to notify the court whether or not they intend to defend it or not. They will probably submit a defence at the last minute (i.e. 4.30 in the afternoon of the 19th) - so be mentally prepared for that.

 

They'll put in a defence and act like they have every intention of defending your outrageous impertinence in court. Shortly after that they'll write you a sanctimonious letter about how they're prepared to defend their honour in court, but as a matter of 'good faith' they'll give you some of your dosh back. Tell them to get lost, and somewhere between the 10th and 26th of June they'll settle in full.

 

Hi Robertxc,

 

Thanks very much for the info - very helpful.

 

Please keep an eye on this thread as I'm sure I'll need lots of advice when the above happens!

 

Thanks again

 

meagainstrbs

[Robertxc]

Ok, and you can always PM me if necessary.

[babes66]

Lothian & Borders must have less of a backload than Kirkcaldy, I filed my claim on the 2cnd too, but my return date is 30/6 and my hearing date 7/7.

Needless to say Ill be following your case to see what to expect! Good Luck!

[Jamboray]

Just to let you know I am watching the thread along with others, I have a few days left before I apply to the court, fingers crossed.

[scotia]

Lothian & Borders must have less of a backload than Kirkcaldy, I filed my claim on the 2cnd too, but my return date is 30/6 and my hearing date 7/7.

Needless to say Ill be following your case to see what to expect! Good Luck!

 

 

Yep....mine was around same date as meagainstrbs, but was issued about aweek and a half later.........according to a fellow member from Cupar.......said he received settlement within 2 weeks of submitting claim...but be prepared, they could wait until return date

 

Also...the return date is their deadline, they must submit paperwork at least 14 days in advance of this date according to the court papers.......

[babes66]

Meagain it will be fine, just take deep breaths and stop worrying.

They have until june 16th to defend my claim and I have only had the original s*d off letter too, so I wouldn't worry about that.

As for having gone overdrawn again, it doesn't affect your case, from what I understand, unless of course you want to try and add the new charge to your claim.

 

We WILL get there!

[meagainstrbs]

Thank you very much babes!

 

I'm really cr*pping myself and scared because my court date (26th June) is so near to when they have to submit their defence by (19th June) - that's only a week apart. What happens if they do submit a defense - do they get longer and court date is rescheduled or if they do submit a defense, should I be preparing in that week to go to court? I haven't booked the day off work or anything!

 

Thanks again everyone - more advice please!

 

meagainstrbs

[babes66]

Thank you very much babes!

 

I'm really cr*pping myself and scared because my court date (26th June) is so near to when they have to submit their defence by (19th June) - that's only a week apart. What happens if they do submit a defense - do they get longer and court date is rescheduled or if they do submit a defense, should I be preparing in that week to go to court? I haven't booked the day off work or anything!

 

Well, I'm 3 days ahead of you, so we'll find out together I guess! From what I've seen on here, they submit a defense, then pay up just before the court date. Submitting a defense doesn't affect the court date at all.

[meagainstrbs]

Hi everyone,

 

Shaking a wee bit just now - and starting to feel very nervous about all this claiming back charges stuff - would really like some reassurance.

 

Just had a call on my mobile from someone friendly from RBS saying:-

 

RBS: 'We've got a big bundle of statements here - did you order them?'

Me: 'No'

RBS: 'I thought so - we've just got them here but have no record of you ordering them'

Me: 'It's probably because I've got a Small Claims Action against you at the moment.'

RBS: (taken aback) 'Oh, okay. I'll just pass them to the Small Claims dept then.'

 

I guess (and I know I'm stupid) its just reminded me that this might end up in court. I knew it was a possibility, of course, but had managed to put that to the back of my mind over the past three weeks (since I had served the court papers and got my date). I haven't heard anything from RBS (they have until 19 June to lodge a defense) and am worried that this is a BAD OMEN as people left right and centre seem to be receiving settlements.

 

Also - can't believe my own stupidity, but have gone over my overdraft again this month and am £28 over and will get charged. Have been overdrawn for about a week and no funds go in (and don't have access to any) until Thursday (when I get paid). Very mad with myself - please don't tell me off - I wish things were different and I hadn't made this stupid mistake. Does this invalidate my claim and mean that I will lose?

 

Sorry for feeling so wobbly - but would really appreciate the advice from you guys. I was feeling really confident, but am now scared that I will lose.

 

meagainstrbs

[Jamboray]

I know it's difficult but stay with it. I get some wobbleys too, but reading everyone elses success spurns me on to continue. Keep with it, it will be worth it!!

[Ewan]

You'll be OK

 

Going over your overdraft wont affect your claim, its them who are trying to enforce an unlawful charge on you, remeber that!

 

You could try and get it added onto your claim

[Also skint]

Hi all

 

I was kindly passed onto the Scottish site and so glad that I have read all your messages as I feel exactly the same - very scared! It has been about a month since I sent my last letter to LTSB asking for £5K back. I live in Edinburgh and telephoned round a few of the smaller solicitors who would take the case on for me but was informed that only the bigger companies specialise in banking law, I never thought that I could do separate claims of £750. I will be very interested to see how you all get on.

 

I would now like to press ahead with my first (of many!) claims and would appreciate your help. Can I e-mail someone to get the proforma? It is great to hear that there are people in Edinburgh that will help, I may take you up on that offer!

[Robertxc]

Hi all

 

I was kindly passed onto the Scottish site and so glad that I have read all your messages as I feel exactly the same - very scared! It has been about a month since I sent my last letter to LTSB asking for £5K back. I live in Edinburgh and telephoned round a few of the smaller solicitors who would take the case on for me but was informed that only the bigger companies specialise in banking law, I never thought that I could do separate claims of £750. I will be very interested to see how you all get on.

 

I would now like to press ahead with my first (of many!) claims and would appreciate your help. Can I e-mail someone to get the proforma? It is great to hear that there are people in Edinburgh that will help, I may take you up on that offer!

Hi, and welcome to the forum. Please can you start a new thread so that you don't end up hijacking someone elses.

 

You don't have to sue LTSB in Scotland, you can do it through small claims in England, where the limit is £5k. If you live in Scotland you won't be able to use moneyclaim, but you can download all the necessary form from the web and just do it by hand.

 

Please take some time to READ THE FAQS. They will tell you everything you need to know.

 

Good luck, and don't forget to keep the forum updated on your progress.

[meagainstrbs]

Hey everyone,

 

Just an update - I've not been around a lot recently - think I've been trying to put bank charges stuff to the back of my mind as I've felt so wobbly and terrified!

 

Its now only 6 days until I can phone the court and find out if RBS have submitted a defence. I'm a bit worried as from 20th June (when I can phone up) to my court date, there are only 4 working days (20th-23rd June) - so if they have submitted a defense, it really doesn't leave a lot of time for them to make an offer. Therefore, if it does end up in court (Monday 26th) - then I don't have much time to do all my further reading and ask anyone to come with me! Please be ready to help me!

 

meagainstrbs

 

Welcome AlsoSkint - very happy to see you here and (although I haven't seen your thread yet) - am in Edinburgh and am very very happy to chum you through this process and to court etc - PM me if I can help you at all...

[suzanne michels]

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

any advice would be great. I have spent a few hours going through all the stuff on the website, and then found that scottish law is different and I am very confused!! I haven't even got to stage one yet and am thinking of giving up already. Is it the same procedure for finding out the exact amount of charges they have taken from me I.e. using template and paying your £10 to get them?? help my head is hurting. Perth:???: