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

[feduptony]

I am trying to put togethe a claim between £1500 and £2000 for submission to my bank ,and failing payment to issue 2 small claims . I understood yhis was yhe only method to pursue under scottish law?

[muggins73]

I'm slightly perplexed by this. Is it not so that once you have but in your claim via the courts you are unable to update your schedule without incurring costs?

I have recently won with Natwest and am at the LBA stage. These latest charges accrued were due to their interest and Unauthorised borrowing fees, no fault of my own as they are nothing to do with unpaid chqs, d/dbt and the likes. I have given them ample opportunity (two seperate letters infact, prior to the LBA) to settle without the complications of court proceedings, I have yet to receive a response. Are you suggesting I let sleeping dogs lie, because of this possibility?

[caro]

With Nat West you might consider claiming using, for example, the English Head Office address, thus using the English court system.

[muggins73]

With Nat West you might consider claiming using, for example, the English Head Office address, thus using the English court system.

 

Forgive me caro there has been a misunderstanding, as I am using the English address as I actually live in SE England!!!

 

It's just that I came across this thread and although I am more than aware that this relates to the Clydesdale bank in Scotland, I am rather concerned that soon this may ring true to the banks down in my neck of the woods.

[Guest NATTIE]

I was wondering about the financial ombudsman service for the rest? Good idea or not?

[caro]

Forgive me caro there has been a misunderstanding, as I am using the English address as I actually live in SE England!!!

 

It's just that I came across this thread and although I am more than aware that this relates to the Clydesdale bank in Scotland, I am rather concerned that soon this may ring true to the banks down in my neck of the woods.

 

Sorry muggins, I just seem so embroiled in Scottish stuff at the moment I assumed you were there. Should have seen on your profile.

 

I think this is unlikely to be an issue in England, as the system is more user friendly. A lot of people have routinely gone over the small claims limit in England, as the process is just about the same, as is the outcome. In Scotland a lawyer is required for larger claims, which obviously costs money, so claims have been split to enable people to act for themselves.

 

What Clydesdale/Yorkshire Bank have been doing in England though is sending cheques for a lower amount than the full claim, stating that encashment is seen as acceptance of full and final settlement. If people have cashed the cheque and written to say that they accept as part settlement only, they will apply to have the claim struck out, and I believe have succeeded. For this reason we have been advising people to tear the cheques up and send them back with a rejection letter.

 

I hope this eases your mind.

 

Nattie, you may have a point although I'm not sure if YB/CB would pull the full and final settlement card. Certainly an idea worthy of consideration.

[caro]

I am trying to put togethe a claim between £1500 and £2000 for submission to my bank ,and failing payment to issue 2 small claims . I understood yhis was yhe only method to pursue under scottish law?

 

Which bank Tony. If you start your own thread in the appropriate forum, with progress to date we can try and help you. Post a link to it so we can take a look and help.

[muggins73]

Thanks caro, i know how it is you just get sooooo engulfed by the whole process. Apology accepted, although there was no need really:p

 

Mind is eased, will continue as planned to sting the blighters where the sun doesn't shine!!!!!!

 

Thanks:D

[caro]

Sounds like a great plan to me muggins.

[Bigmac versus]

I am a little miffed by the CB but fair play they have came up with a good one it seems, only means the goalposts need moved slightly and if this helps others then that has cost the clydesdale something, spread the word. An OA i feel could only be raised from the outset, if you claim a smallclaim first then it seems all the legal routes are effectively barred for you.

[caro]

What about the FOS idea from Nattie Bigmac?

[Bigmac versus]

Maybe for claimants who havent filed a second claim, however for someone like myself who has had a ruling against them on the second claim i feel that CB would advise them that it has been dealt with through the legal route, would love to be wrong but doubt it.

If peeps have put a single claim in and then found out that to raise a second claim would be foolish then they may have some hope doing this route. Unfortunately when i tried to contact the CB after my first claim was settled they refused to discuss the complaint saying it had been passed to legal who will be dealing with it from now on.

[cascade]

Seems like the establishment are siding with the banks now!. Maybe the Sheriffs and judges are getting higher bank charges than us! lol. C'mon let's be serious, how long did you think they would let us minions get away with raiding their coffers, even though it's LEGALLY our money?. If you poke a Crocodile often enough It will bite back. You just have to get a bit braver, or a bit smarter. I'm going for the braver part myself. Smarter usually comes after first aid.

[Guest Zooman]

Sorry to butt in, I think the answer is brazenly obvious to all those in Scotland who are considering suing for over 1.5k, maybe it is a wise idea for a group of you to get together and appoint a lawyer. If you win in court you will get their fees, and if the bank decide to settle the lawyer will include his/hers fees in the settlement.

 

Really this could work well for all involved, if all CAG members in Scotland used the same law firm, a decent agreement could be worked out (it is the lose arrangement you have to worry about, as it not really your concern how mush the banks have to pay them) and if it did ever come to court that firm would be experts by that time.

 

If you did go as a group it would be wise to have an agreed lose fee, ie if the claim should be lost you only owe the lawyer £250 or no win, now fee, but be carefull here as these can be tricky, if you did go down that road, you have to make sure you got 100% of the claim and not have to buy insurance.

Seems like the establishment are siding with the banks now!. Maybe the Sheriffs and judges are getting higher bank charges than us! lol. C'mon let's be serious, how long did you think they would let us minions get away with raiding their coffers, even though it's LEGALLY our money?. If you poke a Crocodile often enough It will bite back. You just have to get a bit braver, or a bit smarter. I'm going for the braver part myself. Smarter usually comes after first aid.

I think the courts are right in doing this, we are knowingly trying to bend the rules, they are not saying not to claim but to do it correctly.

[Robertxc]

I'm going to be in touch with FOS tomorrow, I'll ask about this scenario and let everyone know what they say. Bigmac's case was kicked out because it broke the rules, not because the charges were deemed to be fair.

[Bigmac versus]

That is the point Robertxc and they have unlawfully taken money from me for years and now use the law to stop paying it back, (The corporate way) as cascade said they would eventually get their way and this looks like the start of it.

Now the waiting game to see what costs, i would rather have known how much there and then as its the not knowing thats worse.

[Bigmac versus]

Another point this action i raised was because they refused to settle since JUNE 06 and i had exhausted every avenue before taking the legal route.

I believe they have known this all along and have waited until the situation came about then played their ACE card.

[Robertxc]

I think you'll find that the maximum which can be awarded is £75. See here: http://www.scotcourts.gov.uk/sheriff/small_claims/forms/going_to_court.pdf

[Bigmac versus]

Summary cause and the fact the case was incompetent is that still the case?

[tbell]

hiya bigmac

 

First of all.. sorry to hear about your second claim been thrown out, been following your thread.. but after reading a couple of threads on here.. like you.. Im not surprised the bank have come up with this..

 

Its good of you to let us know what could happen if we split the claim in scotland before we made the same mistake :o

 

I was due to file my first summary clause this coming Friday.. Im claimimg £3300 in charges and have added contractual interest at unauthorised rate 29.8% total is over £6000.. Will be going for statutory in the event that the contractual is not awarded.. Now however am not prepared to risk losing £1,800 minimum if second summary clause is thrown out!!

 

What to do now though.. Really cant see me going to a solicitor re OA..just not me.. so no point going down that road..

 

Lloyds TSB is registered in England.. Would I be right in saying I could go to England and file an N1 on Friday?? (if I can sneak outta work;-) )

 

And if so..could the court be as near to Scotland as possible..or would it have to be local to LLoyds Registered Office??

 

Would really appreciate any advice here as not sure what to do now..

 

Thanx in advance

 

tbell:)

[Robertxc]

hiya bigmac

 

First of all.. sorry to hear about your second claim been thrown out, been following your thread.. but after reading a couple of threads on here.. like you.. Im not surprised the bank have come up with this..

 

Its good of you to let us know what could happen if we split the claim in scotland before we made the same mistake :o

 

I was due to file my first summary clause this coming Friday.. Im claimimg £3300 in charges and have added contractual interest at unauthorised rate 29.8% total is over £6000.. Will be going for statutory in the event that the contractual is not awarded.. Now however am not prepared to risk losing £1,800 minimum if second summary clause is thrown out!!

 

What to do now though.. Really cant see me going to a solicitor re OA..just not me.. so no point going down that road..

 

Lloyds TSB is registered in England.. Would I be right in saying I could go to England and file an N1 on Friday?? (if I can sneak outta work;-) )

 

And if so..could the court be as near to Scotland as possible..or would it have to be local to LLoyds Registered Office??

 

Would really appreciate any advice here as not sure what to do now..

 

Thanx in advance

 

tbell:)

Probably best to do it at their head office. If you book far enough in advance, travel to london is pretty cheap.

[RedDeath]

First of all.. sorry to hear about your second claim been thrown out, been following your thread.. but after reading a couple of threads on here.. like you.. Im not surprised the bank have come up with this..

 

Its good of you to let us know what could happen if we split the claim in scotland before we made the same mistake

 

I was due to file my first summary clause this coming Friday.. Im claimimg £3300 in charges and have added contractual interest at unauthorised rate 29.8% total is over £6000.. Will be going for statutory in the event that the contractual is not awarded.. Now however am not prepared to risk losing £1,800 minimum if second summary clause is thrown out!!

 

What to do now though.. Really cant see me going to a solicitor re OA..just not me.. so no point going down that road..

 

Lloyds TSB is registered in England.. Would I be right in saying I could go to England and file an N1 on Friday?? (if I can sneak outta work:wink: )

 

And if so..could the court be as near to Scotland as possible..or would it have to be local to LLoyds Registered Office??

 

Would really appreciate any advice here as not sure what to do now..

 

Thanx in advance

 

tbell:-)

 

Tbell, I am in the same position. With contractual looking at 11.5k, and not only a potential visit to england but a trip to merchantile court as well. About 10 days to go to N1 now.

 

Yes, I take it it is ok to claim in their home town, and then hope that they will settle out of court, but the way LTSB are behaving a court trip is quite a possibility.