Bit of advice required...now at the court claim stage

[briforbes]

Hi,

 

I've received an offer of settlement from Tommy McLean, which I've rejected, however I'm unsure as to where to go now with my claim.

 

I can't use MCOL as I live in Scotland, and my claim is for £1269 plus 8% interest, so I can't use the small claims procedure (I don't want to split the claim into two). I assume I need to submit a Summary Cause, however I can't find any information on how to do this or where to find the forms etc.

 

I really want to procede with my claim, however seem to have hit a bit of a brick wall. I'd really appreciate some help here.

 

Thanks,

 

Brian.

[maroondevo52]

Hi Brian, go Summary Cause and get the lot back at once. Go to Forums......Scroll down to Guidance Notes then click Scottish Procedure..go onto the Scottish Courts site and down the left hand side click Summary Cause.....Bingo!!Its form 1a you need, fill it in online then toddle on down to your local Sheriff Court and hand them in. Summary Cause still costs you £39.00. but when the court return your papers with your return date and calling date you will have to take them to a Sheriff Officer's and pay them to serve them for you. I think it will cost you somewhere between £15 and £45. Depending on where your claim is going.I've just handed my first Summary Cause into Edinburgh Sheriff Court.

 

Hope this helps.

Best wishes with your claim.

 

Scott.

[briforbes]

Thanks Scott, that was very helpful. I live in Innerleithen, so my nearest court would be Galashiels...should I hand the forms in there or do it through the Edinburgh Sheriff court?

 

Would it be at all possible to see how you filled in your form?

 

Brian.

[maroondevo52]

Hi Brian,

 

My form was worded for claiming as a Business. I'm self employed so I had to use different Unfair Contract Terms Act's ect. But if you go to Guidance notes then Scottish Procedure the forms are there, you just have to fill in your own details, takes a bit of time, but once you get your head round it you'll be sound. Remember to attach your spreadsheet with the charges and interest but make sure the total does not exceed £1,500.Give me a shout if your toiling, took me donkey's to work it all out but i'm not to bad at it now. I was baffled by the spread sheets, but they work out the interest for you including the number of days since the charge was applied.

I'm not sure the best court for you to use, I think it would be Gala if the bank has a branch there.

 

Best wishes.

 

Scott.

[briforbes]

Hi Scott,

 

I've not done any more with this since my last post. I'm now in the process of filling the forms in, but have a couple of queries...

 

The amount of my charges is £1269, which would fall under the summary procedures, however with my 8% interest, the total increases to over £1500. Which amount do I go on when deciding which route to go, and what do you suggest I do?

 

Also, all my previous correspondence with RBS has been directed at Tommy McLean at customer relations at the gyle. When stating on the claim forms who it is my claim is against, do I use his details and the address I've been dealing with, or another?

 

Also, once I've handed my forms in and paid my £39, and received my date, where do I find the Sherriff Officer's to get them to serve my papers. Are they at the court I originally filed the claim in?

 

Sorry if the questions seem a tad naive...!

 

[sn00psmum]

Hi, as far as I can make out the limit for a summary cause in Scotland is £1500 excluding interest which is added later, along with the cost of bringing this action- court costs, sherriff officer fees etc. All you have to fill in regarding interest is the rate you are claiming, either the judicial rate of 8% or the bank's current contractual rate of around 29-30% . As I understand it you are entitled to claim this rate under the principle of mutuality and reciprocity, ie that's what they charge you for unauthorised borrowing so give them some of their own medicine! Double-check this as I wouldn't want to mislead you but i've read alot of posts in the last few weeks both on this forum and another, I have sent my prelim letter to RBS for just over 7k and if I don't get any joy that's the route i'll be taking!! Good luck :o)

[missm]

hmmm looking around there seems to be a trend here... they seem to fight more with cases that would be based in Scotland... basically I am assuming this is because it is harder to claim, well not harder but you can not do it as easily as MCOL. Maybe I am just rambling

[maroondevo52]

Hi, Brian.

 

I was told by the sheriff clerk at Edinburgh Sheriff Court I could not go over the £1,500. But I could write on the form, "including the costs of bringing the action". You should keep your claim to the £1,500. then claim again, that's what I am doing at the moment.Don't worry about having to get a sheriff's officer, the court send you a list of local sheriff's officers you can use. I paid £15.97 for their services.

 

Best wishes.

 

Regards.

 

Scott.

[sn00psmum]

Hi, sorry to barge in again, i've found this which is an excerpt from the Summary Cause act regarding whether or not to include interest:

 

Summary causes

35. – (1) The definition of "summary cause" contained in paragraph (i) of section 3 of the Sheriff Courts (Scotland) Act 1907 shall cease to have effect, and for the purposes of the procedure and practice in civil proceedings in the sheriff court there shall be a form of process, to be known as a "summary cause", which shall be used for the purposes of all civil proceedings brought in that court, being proceedings of one or other of the following descriptions, namely –

1 (a) actions for payment of money not exceeding £1,5001a in amount (exclusive of interest and expenses);

Hope this helps!!

[biffa1965]

to ne honest i would just do the classic and write back to Tommy Mclean and advise him youl accept his offer only as partial settlement, and recover rest through the courts...bet yer Tommy relants and pays in full. Hes a very reasonable man who preferes not to go through the court system

[tjkernow]

Hi all, I'm so pleased to be seeing so many `winners` now. I have a question re my case and the Royal Bank of Scotland. I put in 2 claims for 2 different accounts one being £650.00 which was agreed within a week! the second however which is for £250 they are denying and have replied to the small claims court summons that they are defending it saying they believe their charges are fair!. Surely by settling one account with me they have set a precedent with me by settling on one account, also are they now saying they will defend just to try and scare people off the whole court process? surely they are not going to the wall and defending £250.00? I really feel I should keep going with this one, I would love any help and advice here as I know lots are in my position.

 

TJ (Cornwall)

[Vagabond]

Hi all, I'm so pleased to be seeing so many `winners` now. I have a question re my case and the Royal Bank of Scotland. I put in 2 claims for 2 different accounts one being £650.00 which was agreed within a week! the second however which is for £250 they are denying and have replied to the small claims court summons that they are defending it saying they believe their charges are fair!. Surely by settling one account with me they have set a precedent with me by settling on one account, also are they now saying they will defend just to try and scare people off the whole court process? surely they are not going to the wall and defending £250.00? I really feel I should keep going with this one, I would love any help and advice here as I know lots are in my position.

 

TJ (Cornwall)

 

Hi TJ

 

We are in the same situation as you at the moment with Bank of Scotland. I received full payment before it got to court stage on my current account. Our joint account and my credit card unfortunately went to small claims and we lodged them at the same time.

 

The bank wrote to us just before the hearing date re our joint account offering £600 (plus interest and court fee) out of £724 and said that they believe we are not entitled to the £124 plus interest and unless we provide evidence they will file a defence. So now they have filed a defence and I have to appear in court on Tuesday at 10:30 for £124 plus interest. The irony of it is that they said in that same letter that it would cost the bank too much money to go to court but now they have filed a defence. I hope it is just a scaring tactic. No doubt I will be roaming this website all weekend just in case they do show up.