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Scottish small claims procedures


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HI, i am new of this halifax forum (but old on HSBC who am in process of claiming against!!).

 

I am in process of starting a claim for my Scottish boyfriend, based in Edinburgh against Halifax. We have already done DPA request and he looks to have approx £600 worth of charges over past 6 years, is it right though in scotland the statute of limitations says 5 years only?:confused: Can someone please direct me to the scottish procedure for claiming, i am presuming it is fairly similar to England in any event?

 

Any tips for Halifax... they certainly seem to bleed you dry charges are unreal! :eek:

 

thanks x

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Thanks. Do you use the same prelim and LBA as for England & Wales (templates on forum) & also if under 750 are proceedings still in small claims court? am slightly confused by scottish civil court system!

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Hello sarrahk,

 

Yes, use the same letters. Also, the limit in Scotland is £750, so you will be fine in Small Claims.

 

The limitations issue is a bit unclear at the moment, but in general, yes, the limitation in Scotland is 5 years. You could always go after Halifax in England.

 

Everything you need to know about Small Claims in Scotland can be found here: [linkhttp://www.scotcourts.gov.uk/sheriff/small_claims/index.asp[/link]

 

Good luck, and don't forget to keep us posted on your progress.

 

also, I think this post is more of a 'Scottish' post than a 'Halifax' post, so I'm moving it to the Scottish forum.

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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Thanks. I am confused though,:???: sorry if i am being dumb, if the account was opened & held in Edinburgh at Halifax BOS, doesnt the claim need to be filed through sheriffs small claims court or could it be done thorugh money claim in England?? Very confusing!

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If he's in Edinburgh, you should use Scottish Small Claims. you cannot use moneyclaim for this.

  • 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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Just address it to the bank, at their registered office. Their mailroom will direct it themselves. As a consumer you're not expected to know individuals within the organisation.

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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Great and can you 8% interest in sheriffs court as you can in county court? I can see looks like you recovered charges + interest??? It is not very clear in guidance notes! Did you have to go all way through to court hearing stage or did they pay up once you issued paperwork?

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Halifax and Abbey bottled out before it got to court. Natiowide was different because they were suing me.

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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Received a standard letter from Halifax in response to prelim.. saying it may take 4 weeks to investigate! I presume i just stick to my timetable as usual, i dont have to wait 4 weeks do i before i can send the LBA?!

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Absolutely. Your claim, your deadline. You need to keep the initiative.

 

Don't forget to keep us posted on your progress.

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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We today received a shocking offer of a mere £96 from halifax!! Goodness knows how they arrived at that figure.. its not even a fifth of the claim!! I am speechless!! :o

 

They also gave their standard blurb of how they are entitled to levy charges but they will not provide us with a breakdown of costs!

 

Anyway do we write and accept this as an interim payment and state that we will pursue for the rest still or do we just point blank refuse such a shocking amount!! HELP PLEASE! :-|

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If it were me, I would respond as follows:

 

Dear sirs,

 

Thank you for your letter of xxxxxx. I note all that you say. I do not accept your offer.

 

Yours faithfully.

 

Then get on with your court claim.

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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Is that not a little blunt?! I suppose it cuts to chase. I am presuming i must still send the LBA, as the last letter was only the prelim and expiry for that is next week? I thought it best to wait the full two weeks for the prelim though as that is what i said i would do before sending LBA, what do you think?

I will send interim response however!

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It may be blunt, but it says exactly what it needs to. They know what they have to do in order to avoid a court case, so the rest is up to them. You could write screeds and screeds, but all that does is give them an opportunity to enter into a debate with you, which you don't want.

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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Good for you.

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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  • 2 weeks later...
  • 1 month later...

long time no post i know.. unfo i have been away holidaying in italy (poor me!)

 

anyway, returned last week to note that NO reply received whatsoever from halifax to LBA sent! Shocking! They have had 4 weeks given we were away! Anyway my boyf is bit nervous about going straight for jugular and taking them to sheriffs court so i have agreed to put together a final harsh letter for them allowing further 14 days... (gives me enough time to put from together) before we go for it!

 

Can someone point me in direction of correct forms to use for scottish proceedings and is there a template? thanks Sarrah

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Hi Sarrah. Sorry - just a bit confused.. Am I right in thinking you have already sent them LBA, and now you are giving them ANOTHER two weeks..?

 

If I am right, PLEASE DON'T do this. Stick to the timetable you have set down, otherwise you are making empty threats. If their LBA time is up, it's time for action on that date...

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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well another twist.. On Sat just received another offer letter (very overdue) of £270 which is obviously still short of the full amount, is the standard thing to write to say we accept this as an interim payment but will pursue you for the rest? or do we just straightforward decline, dont want to lose this money obviously??

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Say thanks, but we'll be persuing you in court for the rest.

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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