BofS have served papers to me, help!!

[carolbarrie]

I had filed my claim against the Bank of Scotland and was due at court on the 17th Jan. I was in America and due home prior to that date, however I had to delay my flight for one week due to illness.

 

I was not then able to attend the court date (I had actually thought the date was later in Jan...).

 

When eventually I did get home and open my mail (I had been away for a total of 6 weeks) I had a letter dated late December from the bank offering me £580 (my claim is for £1350). By the time I had actually been able to read the letter the amount had been paid into my bank account.

 

I thought, since I had missed the court date and that the money had been paid into my account that my case was over and I would have to settle to the amount given by the BofS.

 

Today I have received a "Minute for recall of decree" from the B of S. It states on it that THEY had also missed the court date due to "an oversight on the part of the Defenders' Legal Services Division who failed to lodge the from of response by the return day"

 

What should I do about this??? To make matters worse, since I had been quite ill on returning home, and I had thought the case was closed, I have destroyed all documentation leading up to this point...........

 

I am now in a panic and wish I hadn't started in the first place.

 

Would love some advice/info please

 

Thanks

Carol

[7givenchy]

Carol

 

I think the best course of action is to seek advice from a Moderator

who will be able to advise re court proceedings

 

Hope you are feeling better

Regards

S

[carolbarrie]

How do I contact a moderator?

 

Thanks

Carol

[Bookworm]

Carol, are you in Scotland by any chance?

[7givenchy]

Carol

 

Is't this site wonderful - you ask a question and as if by magic a moderator responds!!!

[carolbarrie]

Yes Bookworm, I am in Scotland......what do you think I should do now????

 

Thanks

Carol

[Bookworm]

Answer: Wait until I get our Scottish moderator to have a look. ;-) (That's why I asked, you see)

[carolbarrie]

ooooohhhhh, thanks soooo much. Have had to eat lots and lots of chocolate to comfort myself

 

Carol

[carolbarrie]

How do I contact a Scottish Moderator?

 

Carol

[Bookworm]

Robertxc is our resident Scot.

 

I have pm'd him, but he has irregular hours on the forum.

[carolbarrie]

Thanks Bookworm, just panicking a bit......

 

Carol

[Wolfy]

Hmn this seems to be a reoccuring theme with RBOS. Deja Vu anyone?

 

http://www.consumeractiongroup.co.uk/forum/legalities/64570-decree-recalled-im-going.html

[Robertxc]

I'm not sure why they lodged a minute of recall. It seems that they were trying to be clever. They obviously didn't realise that you failed to turn up as well. Anyway, it saves you the hassle of doing it.

 

Write to them and say that you won't be objecting to the minute of recall. Also say that you are aware that they've paid money into your account, and that you DO NOT consider it to be in full and final settlement. Tell them that you only accept it in part settlement, and if that's a problem, they should remove it from your account.

 

The case will come back to court in due course, and then continue on its merry way. Make sure they actually do the minute or recall, because if they don't, you'll need to do it yourself.

[carolbarrie]

Due to go to court on the 14th Feb and haven't heard anything else from the bank. Should I conctact them????? will I actually have to go to court? if so, what do i need to take with me?

 

Thanks

Carol

[carolbarrie]

Is there any info that I have to take with me if i actually have to go to court on the 14th Feb?

 

Carol

[carolbarrie]

Anyone there??

 

Carol

[Robertxc]

All you need to do is turn up in court and tell them that they paid some money into your account without any explanation. Tell the sheriff that you don't consider the matter to be settled. As this is a preliminary hearing, nothing will be decided. DON'T WORRY! Nothing bad is going to happen. Tell the court that you accept the amount they gave you as partial settlement.

[carolbarrie]

Hooray!!!! Was due to go to court tomorrow but called the bank today. The have paid the amount owed to me into my account within 30 mins!!!

 

I had claimed back for 6 years but they told me in Scotland it was only for 5 years.....didn't get as much as I had initially thought but am more than happy now.

 

How do I make my donation to the site?

 

Thanks for everyones help.

 

Carol

[Robertxc]

Well done Carol!! (Actually, you can go back 20 years - as BoS are beginning to find out...)

 

Thanks for offering to donate..there's a link at the top of the page, just below the 'uswitch' button.