AliC (Edinburgh) vs BOS

[alic]

I finally got my act together and filed the 1st of 4 small claims summons against the Bank of Scotland today.

 

I followed procedure through correspondance with the bank resulting in a partial offer of £608 which i refused. They then wrote back to me saying £608 was their final offer and i was to take it up with the Financial Ombudsman.. blah blah.. seems like Bos's usual reply having read most of the posts on here.

 

So today i used 'vampiress' spreadsheet (Scotland) and calculated the grand total which including interest etc.. just stops short of £3000! Man how thats slipped through my fingers over the years...i was astounded!

 

Using 'Scotia's' template i completed my small claims form ( im splitting it into 4 claims) and headed up to Edinburgh Sheriff court.

 

The young guy on the desk seemed familiar with bank charges claims but sought advice from another colleague to double check my handywork (reassuringly). I asked him if they get a lot of people claiming bank charges to which he replied... well your hearing date wont be till April time so work it out for yourself... charming:rolleyes:

 

Anyway... ive to wait a couple of days for confirmation in the post which will have my return date on it.

 

Fingers crossed it'll be a smooth ride from now... but who knows.

Just thought id post it on here in case anyone else in Edinburgh is claiming and wants to see how i'm getting on so ill keep it updated...

 

 

p.s... i put the branch i opened the account with (Dunfermline) on the claim form and have since read in other threads your supposed to put the mound address.... will this affect my claim adversely... Any advice?????

[margaretri]

Hi AliC,

I Filed my summary cause form today and I had my local banks address on, there was no problem, my return date is 5th April, good luck.

[alic]

Ok i'd hate to think it would be turned over for a minor mistake. I had no clue on all the legalities involved with filing a summons untill recently and its all been learned from sites like this. I'm really grateful for all the advice on here... as i'd never have managed without it!

 

Good luck with your case... fingers crossed!

[alic]

JUst a quick update..

 

Received all my forms back from Edinburgh SC stating there were a few things they wanted me to change.

I knew it... the clerk who received it hadn't advised me correctly and missed some mistakes. So i was to correct it and send it back to them.

 

I did and went back in the same day with it... i was then told i was looking at a return and hearing date two weeks after the one originally assigned to me as they had given it to someone else while mine was corrected. REALLY ANNOYED!

 

Nevertheless im glad they flagged it up to me before the bank received it!

 

Phoned them today and looks like it was served this morning.

 

The clerk did say to me the last lot of bank claims he's seen go through Edinburgh... the banks have been ignoring them completely and therefore the pursuer wins by default.

This is all very well but im still left in limbo till what looks like a return date of May! Hopefully with all the press attention today on bank charges the banks will back down a bit and pay up sooner to save them any extra expenses??

 

Anyway anyone else gone through Edinburgh SC recently and had a good outcome??

[maroondevo52]

Hi,

 

I've had three claims at Edinburgh Sheriff Court. The first was a Small Claim against BOS, they paid up on my court return date. My second was a Summary Cause claim against Capital One, they paid up two weeks after they received my Summary Cause. My third is a Summary Cause against BOS, my return date is the 13th March, as yet I have'nt heard a peep!

 

Best wishes with your claim.

 

Regards.

 

Scott.

[alic]

OOOh thats promising! My return date is 17th April.... so a bit of a wait.... im sure it will be worth it though!

[hondamad21]

Hi AliC,

 

just wanted to say Good Luck!!!

 

I have/am dealing with Edinburgh Sheriff Court as well. I had to break my HBOS claim in 2 as it was going over the limit. They paid up right at the last moment for the first claim and I have put the papers in today for the second.

 

anyway just want to wish you luck!!!

 

Honda

[willmurr6]

Hi Alic

I have had 2 successful summery causes paid out from halifax had another 2 claims to put in so thought i would give them a phone spoke to a nice chap who said oh i see you are claiming in Scotland and have to make seperate claims asked me to hold on, came back and said i hadn't to make anymore court claims as they were going to pay the rest of my charges in full.Received acceptance form on Sat so just waiting for funds to go into account and that will be my claim against them complete.Have a look at my post,lovely lady at c/relations which gives a name and tel no.All the best with your claim,not that you'll need it.

[alic]

Thanks for the advice.... This is torture counting down the days till the 17th! I have a plan.. If it comes back that they're going to pay out or if i win by default.. whichever im going to pick up the phone to them and say i intend to file another 3 small claims (all at the max limit) it would save hbos time & money if they paid upnow..... and prey they do otherwise with the back log at the court it could take me the rest of this year to see the other 3 through (though i certainly would)

[maroondevo52]

Hi alic,

 

BOS are still due me about £5,000. I, like you was going to tell them when they got in touch about my last Summary Cause but I never heard a thing. Phoned the court and BOS have not responded to my claim. Pay back time. I'm thinking about going down the English court road to recover the rest.

 

Best wishes.

 

Scott.