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Lyn A

Lyn V Abbey Scottish Court system!!! HELP!

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After all the letters back and forwards Abbey are still denying their charges are unlawful or wrong. They are stating this even although they have paid us £535 as Goodwill.

We have been passed through different departments, people and addresses. They have not returned telephone calls and constantly refer us to the Ombudsman.

Now, however, we are going to court but as Scottish law is different from English law, I believe we cannot claim the full £5000 in small claims. We have been told it is only £750 but can claim this several times to make up the amount which seems ridiculous to me.

I also believe there is another way of doing it but at the moment I am ploughing through trying to find out exactly what it is! :confused::confused:

 

So if anyone out there knows, can you please help? I am determined they are not getting away with it.

 

They attempted to charge us another £35 for an unpaid direct debit which we hadn't even set up and when I challenged the woman about this she agreed to refund it!

 

So, what we really need is someone who might already have gone down the road of taking Abbey to court in Scotland.

Thanks.

Love, Lyn


L

never say never
:cool:

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I think if you havent done it already to ask in the scottish forum.

 

I believe you can sue abbey in the english courts and serve the papers on them at their head office. Im not sure but i thought that you may need a english address for service of papers for yourself but am not sure.

 

HTH

 

Glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Yes you can if you have an address you can use claim through the engllish system which as you know will allow you to claim upto £5000 however you must be aware that you would need to travel to england if and when yoou were to attend at court. Can only claim £750 through small claims in scotland and yes you would need several to reclaim all and only ever one at the same time but you could claim 1500 outwith small claims.

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Hello Lyn,

you can claim against Abbey in the London County Court using English Court system. Have a look at my thread here.

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As a point for discussion, there is always a concern with multiple claims for the same account that second/subsequent claims may be in danger of being struck out.

 

I haven't seen anyone mention this in relation to Scottish courts, does anyone know if there is a difference between the two systems in this respect?

 

Glenn


Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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