Urgent Attention Please Read -Claims in Scotland

[Bigmac versus]

Just lately Clydesdale bank have changed their defence and have had success from this and been awarded costs, this has been tried and tested so please be aware and move carefully.

 

Advise had been given not to run smallclaims at the same time to avoid the action being moved to OA and quite rightly so, however after claiming an earlier smallclaim for £750 i had my second smallclaim case thrown out today as incompetent due to having claimed earlier.

The ruling was that i should have claimed all the charges at the same time and not to return at a later date and claim again for other charges as i knew or should have known at the earlier smallclaim that these charges were to be claimed also.

 

So in Scotland against CB only at the moment as i expect other banks to use this soon, if your charges are say over £1500 then you will only get one claim at it so decide if it is worthwhile raising an OA or accepting the £1500 (summary cause) if you are not the much over it.

[caro]

It should be noted too that Edinburgh court no longer accepts second or subsequent claims.

[Bigmac versus]

This will be wide spread but maybe best to update locations as they happen.

EDINBURGH

KILMARNOCK

[achuaran]

Court decision for BigMac is pants. Looks like this could have ramifications for all of us Scots. Clydesdale is one that I'm awaiting response to SAR from. Does this mean we will need to find English addresses for claims over £1500 and would a P.O. Box be accepted by them? Brain now in overdrive.

[caro]

I don't think a PO Box would be acceptable, but if you are at SAR stage their is no immediate rush. Start a thread in the appropriate forum and look out for updates on this. Proceed with caution for the moment.

[davg]

Hi Caro , Bigmac, Achuaran, I've just received my cheque today for full settlement for my first claim of £748 but am shocked to read at whats happened to Bigmac getting his second claim flung out, is it now impossible to file a second claim through small claims court as I still have another claim to do for roughly the same amount as before? Because the charges + interest totalled were just over £1500 I never went down the summary cause route, regret it now as the Clydesdale will no doubt throw my second claim out too. I've just went went from being over the moon to being totally deflated after reading this post now but I am glad I've been able to get some money back at least.

 

davg

[caro]

Sorry to burst your bubble davg. There is a similar thread running in the Scotland forum and some discussion going on. To avoid having 2 discussions on the same topic I am going to close this thread and link to the other one so anyone who wants to can join in there.

 

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html