Solicitor needed in Edinburgh

[feety]

Hi all, last year I successfully reclaimed over £2k back from A&L by going through the English courts whilst living in Scotland. My friend is now taking on the RBS for over £6k and as I didn't follow the scottish system am not the best of help! She is pretty hopeless on the computer it has to be said, however she has managed to get as far as sending in the preliminary request yesterday. Apparantly Edinburgh Sherrif Court are now refusing multiple claims so that rules out splitting the claim into smaller claims so she'll need a solicitor. Anyone used a solicitor or know of one in Edinburgh who could help? Have phoned a couple but they bank with RBS so can't do it. Having read a lot of posts it looks as though RBS are paying up before sending the court action letter therfore no solicitor required? Any help appreciated thanks.

[Guest NATTIE]

i think i will bump this up the thread as it does seem a bit odd but those in Scotland may be able to confirm what you have said. When you mean multiple claims, do you mean claiming winning then starting again or simply doing 3 claims at the same time to get to the small claims limit? if it is the former then it is odd if it is the latter then you need to do the former.

I hope that makes sense.

[feety]

Hi Nattie. I do mean splitting the claim into smaller claims to go through the small claims court. Don't know too much about it but from reading through seems to be for larger claims going the summary cause route, ie several claims for £1500 - winning then claiming again. It is this though that Edinburgh Sherrif Court are saying they will no longer accept as they are being inundated with claims and are struggling to cope?!!? Therefore will need a solicitor and am hoping someone will know one who can help. Thanks again

[Guest NATTIE]

Have you claimed once, then won and started a second claim when this info was given to you by the courts?

[feety]

No claims have been made yet, only preliminary letter for full amount sent to RBS yesterday. The information from the court was received last week when they were telephoned for advice as to best way to claim for full amount. They advised getting a solicitor as they were no longer going to accept people doing multiple claims with the same company, ie winning £750 with RBS the starting again for aother £750 and so on.

[Guest NATTIE]

that is news can you Private Message BankFodder with this info as i am sure that Admin on here would like to know about that?

[biggranty]

Hi is she claiming interest? I sent off my prelim letter 2 weeks ago and within 7 working days got a letter settling the whole amount 7K. However I didn't claim interest. I didn't have any hassle with the size of my claim however I was given the advice from the branch to send my statements to speed thing up. With these size of claims they need to request them and it adds to the delay. Feel free to PM me if you wish

[Advocate]

Only a matter of time before this happened I am afraid, surprised that no Bank has yet sought to claim that an individual pursuer is abusing the court process by splitting up claims, as, in general, all claims arising from a particular cause of action should be brought within the one summons/initial writ.

 

Indeed, there may even be an argument for seeking to have a pursuer with multiple claims declared a vexatious litigant.

 

One to watch it seems.

[MARTIN3030]

Well it was totally acceptable earlier....they are now saying this to suit themselves.

The way around it of course is to use an English address and I am sure there are Ambulance chasers in the mainland cashing in on this.

RBS are NOT settling ALL cases pre-litigation although there has been a big swing away from giving Cobbetts more work.

[smoorach]

ok the deal in my local court is... and this has been confirmed with two seperate judges....if you split your claims into lots of £750 to get into small claims they will not allow it. however if you are willing to meet them halfway and go through summary cause they will look favourably on this kind of action. i have followed this advice for my own claims and that of several others for friends and family and have never had a problem. the courts are proffesional people and they do understand that using a solicitor in these cases is difficult and not just for the fact that its hard to find one to take this kind of case on. they allow us as lay people a fair bit of leeway however that does not mean they allow it to the banks who have teams of legal people on retention who can and do deal with these cases.