Mairi v Bos (Round 3)

[claimitall]

Hi

 

I'm in almost same boat - just received ist settlement after small claim - owed approx £5k, but decided just to keep on with the small claims - next one in day or so.

 

Good luck with your Summary Cause - let us know how you get. not that you need luck

 

C

[Mairi]

Hi folks,

Round 2. Summary cause filed today. the waiting begins again.

 

I was hoping one of the Mods could please change title of my thread?

 

I know us Scots are having problems with the judicial interest thing so i asked the clerk to check Section 4 of the claim for me. Luckily i had printed out 2 slightly different copies of form1 and 1b, i explained about bos paying interest of 8% on some claims and not on others and he checked both copies for me.

 

One had claim of charges £1491 + fees +£214 in interest on charges from the date of first fee.

 

Second had claim of £1491 + fees + judicial interest at the rate of 8% from the date of service.

 

He said to go with the second as the first statement of claim would take me out of summ cause and into "ordinary action".

 

I also asked what law applies to the interest and he said it was in the rules of the summ cause, but it only comes into effect AFTER the return date has passed and the sheriff has been involved as it is the Sheriff that would demand they pay the judicial interest. And as most are settling before the return date then you would have to decide if it was worth carrying on with claim until the court date arrives and see if the judge would grant you the judicial interest.

I hope this makes sense and it makes things a little clearer.

Mairi

[gargoil]

Well good luck with it. I'm still waiting an answer from BOS from my summons. Once i have this I'll do the same as you and give them 7 further days. Canm't make up my mind whether to go small claims or summary cause! Guess I'll wait and see how you get on Mairi!! Good luck anyway!!!

[Mairi]

Received my Cag tshirt yesterday,so i just HAD to go to the bank today.Got it here..

 

Consumer Action Group : CafePress.com

 

It was such a giggle.

There were loads of furtive glances, dirty looks and averting of eyes.

I was looking in my bag, and when i looked up 3 tellers were obviously reading the print, all 3 looked away very quickly.LOL.

Then half way through the town center there was a HSBC stand set up, just in front of a Barclaycard stand. I was soooo popular.

My 11 year old thought it was hysterical.

Maybe though there may be some new members, as i was accosted in the chippy, the chemist and the £ shop, with people asking "Did it work?"

Washed it as soon as i came home so i can go "shopping" again tomorrow.

Mairi

[jonni2bad]

Fantastic

[dave318]

Good Luck Mairi! I have just sent away my first letter of approach and my charges come to £765. With interest this comes to over £950. (Damn, just noticed I didn't save spreadsheet. I will have to type it all in again)

 

Thinking about doing Summary Cause myself and will be interested to see how your case pans out.

 

Once again, well done on so far, and good luck.

 

PS just re-did my spreadsheet and made a mistake in original. underestimated by £18. So claim now comes to £783. With interest, this comes to £1013. Will definately be doing Summary Cause as £263 is a lot to give up.

[Mairi]

Thanks for the replies folks,

Just received my papers back from the court today, ready to be served by sheriff officer.

This time George Walker will be working for me he he he, rather than chasing me for council tax.

Return date 19/10/06 (a lot quicker than last time).

mairi

[EKELSEY]

Good to know you got 8% interest as Halifax are trying to get out of paying me this. Get the feeling HBOS will try the same with my BoS claim.

 

At least I have ammunition now I know they do pay out sometimes!

 

Good luck with your other claims

[Mairi]

Hi Ekelsey

Only got the 8% on my claim. Havn't got it yet on my OH's claim, we wrote to them then he phoned and girl said it would be paid as someone was looking into it, we will see, they have another 2 weeks to sort it. He's pretty determined and he may take it to the judge and let him decide:shock:

[Mairi]

update Mr Mairi v BoS

My OH was determined to get his 8% interest so he didn't cancel court procedings. He sent 1 letter to BOS and called 3 times to find out what was happening. Return date was 14/9/06, Prelim Hearing date 21/9/06 received a letter Sat morning dated 15/9/06.

 

"i refer to recent contact which related to the interest on Sm Cl 123/45. I have today arranged to credit your account with £146.38."

 

Sooooo, when i visited the court this morning with letter to dismiss his first sm cl, I just HAD to hand in claim No2.LOL

Mairi

[Mairi]

Received loads of mail this morning,

1 from Gerge Walker saying my summons had been served on BoS,

1 to Mairi from BoS saying "without admission blah blah here's your money (with interest),

and a third for Mr Mairi saying "without admission blah blah here's your money (with interest). i only handed this in on Monday, he got his court dates yesterday and settled today. Superfast...

I just love it when the postman comes these days.LOL.

[Mairi]

Round 3 coming soon.

[unicorn96]

Congratulaions Mairi on your win.

I am heading the same way with 2 claims against RBS in Scotland. Great to know this works.

[jonni2bad]

Is this thread now settled then? Can we change the title??

[Mairi]

hey jonni2bad

Bos owed me £5K. I have still £2700 to reclaim but cause i have to keep breaking claims down to either under £750 or £1500, it will be a while yet before FULL amount has been refunded. You could rename it Round 3,LOL.

mairi

[jonni2bad]

Sorted....

[catalinacat]

Hi, Mairi

 

Congrats! Reading this thread has given me some hope, as I'm just about to try to find out how much my charges amount to (a lot, I think), and to try to reclaim them.

 

I'm still ploughing through info. on this site, so forgive me if this has been answered elsewhere ... but why round 1, round 2, round 3? Is it because you accepted an initial amount and then decided to chase them for the rest afterwards? Or is it for charges on different accounts?

[Mairi]

hi catalinacat

cause im in scotland i have to break down my claims to either under £750 for small claim or £1500 for summ cause. Bos owe me £5000, and so far ive clawed back £2250. So i still have to do another 2 summ cause actions so that i get ALL my money back. printing out my 2nd summ cause now hence round 3.

good luck with your claim

mairi

[gargoil]

Wish they'd pay mine out that fast! My return date is looming very quickly!!!

[Mairi]

Hey Gargoil.

they seem to make you wait it out first time round and cave in quickly for claim no2. Shouldn't be long now though.

[Mairi]

Was at Sheriff Officers today to serve my (claim no3) summons on bank, came home to find a letter for Mr Mairi, "without admission of liability blah blah blah..... money will be in your account in 5 working days"

No 3 done for Mr Mairi.

[stevokenevo]

Hi Mairi, after success with my first small claim, i handed in a summary cause action to the court last wednesday, any idea how long they take to get back to you with the return date etc? i thought i'd have heard from them by now, also, how did you go about finding a sheriff officer? did you just look up the yellow pages or something?? it's always good to hear from someone who's been there and done it ;-)

[Mairi]

hi stevokenevo, you should get your papers in the next 2-3 days. Sheriff Officers in the thompsons/yellow pages. George Walker's has an office in Hamilton,(found on their website) on the corner of the retail park entrance, big old house (next to McD drive in) not too far from the court.

Well Done and Congratulations on your win.

mairi

[stevokenevo]

Thanks Mairi !

[Mairi]

A strange donation was made to my account today... :grin: Funnily enough, it equals the exact amount of ..Mairi, 2nd Summary Cause action "V" BOS.

Am filing last claim sometime this week, along with no2 for 'my mate' "V" Halifax...

There doesn't seem to be that much wrong with the Scottish Legal system when it comes to taking on HBOS with multiple claims.