Help Re: Scottish System

[dollymop]

Hi, this is my first post on the site and I am looking for some help and advice. I have read through quite a few of the threads on the Scottish procedure but I am still confused.

 

I am preparing a claim against RBS on behalf of my son. The amount is £1,760 plus interest at 8% £336.57 totalling £2096.57. I know the small claims court in Scotland only goes up to £750 and some people have suggested splitting the claim. My question is - does this mean sending an initial letter to the bank requesting £750 for a particular period, waiting for this to be concluded and then sending a further letter with another £750 claim and continuing until I reach the full total of £2096? Or do I send the initial letter to the bank asking for the £2096 but then submit £750 claims to the court if need be?

 

I hope that makes sense?

 

Any help or advice would be greatly appreciated.

 

Regards,

 

Dollymop

[maroondevo52]

Hi, Dollymop.

 

Just send one letter for the full amount, then split your claims into one Summary Cause claim (£1,500) plus interest plus costs. and one Small Claim (£750) plus interest plus costs. With the Summary Cause claim after you hand your papers to the court, they will return them to you and you have to get a Sheriff's Officer to serve them on the Bank. This cost me £15.97. The court sends you a list of local Sheriff Officers you can use. Only do one claim at a time. Both claims are almost identical.

 

Regards.

 

Scott.

[dollymop]

Thanks for the advice Scott.

 

Letter is all ready to go first thing tomorrow.

 

I'll keep you posted on the progress.

 

Regards,

 

Dollymop

[change-it]

You can use the English system but would need an address in england or a POBox no for correspondence.

[dollymop]

Just thought I should give a quick update. I recalculated my sons charges and with interest the final claim was £3,300. The letter was duly sent off to RBS on 2nd March. Sixteen days later RBS replied stating that they did not accept the charges were illegal however, as a gesture of goodwill, they offered my son £2,800. He has accepted. It's amazing what one little letter can do!!

 

Regards,

 

Dollymop

[maroondevo52]

Well Done Dollymop.

 

But I'ts still £500 short of what they were due you. I know £2,800. is a lot of dosh but if you had continued with your claim you would have got the lot. In saying that this way you have no more hasstle chasing the bank through the courts and if your son is happy with £2,800. then good luck to him. A lot of people in the same situation would have done exactly the same thing. I hope he gives you a bung !

 

Well done again.

 

Regards.

 

Scott.

[dollymop]

maroondevo52,

 

The money arrived from RBS this morning and believe it or not my son called me and offered to pay back the money he owes me!!!! Wonders will never cease!!

 

Regards,

 

dollymop

[maroondevo52]

Well done, Dollymop, I knew you'd get something.

 

Regards.

 

Scott.

[theweeman]

Help required please!

 

I am at the stage of preparing court submissions. I have involved a solicitor and I am claiming £5040 plus interest..

My concern is that the particulars of the claim, refer to section 69 of the county courts act. I live in Scotland and I am pursuing the Bank of Scotland at their Rosyth address.

This is a business acount as a sole trader.

Are there any precedent's set?

I really want to nail the bugg***

Any advice would be extremely helpful.

 

Thanks