Urgent Attention Please Read - Claims in Scotland

[Rooney99]

Just a quick one to check something, I've got £7650 to claim from B.O.S. Am i correct in thinking I can use the english court system to go for at least £5000 of it or because B.O.S's head office is in Edinburgh I'd have to go through the scottish system?

[Robertxc]

Just a quick one to check something, I've got £7650 to claim from B.O.S. Am i correct in thinking I can use the english court system to go for at least £5000 of it or because B.O.S's head office is in Edinburgh I'd have to go through the scottish system?

You can use the english courts if you have an english address

[Rooney99]

Thanks Robertx, it's just that I've read that because Bos's domicile is in Edinburgh then it has to be through the scottish system.

[winky45]

Hi All,

 

Sorry for jumping on board, came on tonight as I am due to file court claim tomorrow, now thinking I will just except the offer they have gave me, they have offered my full charges of £961.41 but not the OD interest £203.45 that they have took, so I had rejected it and was taking it further, to get my money back.

 

I would need to put in two claims to get my full money back. After reading this and some other threads I am wondering if this is the right route too go down and whether to just accept the charges and run.

 

 

 

Bit confused now.

 

Winky

[flash]

Hi. I think we are severely disadvantaged in Scotland by the very small Small Claims Limit of £750.00 The only option for larger ammounts of over £1500 is to raise an Ordinary Cause Procedure or, for ammounts between £750 and £1500 a Summary Cause. Ordinary Cause type of procedure is relatively complex in comparison to the Small Claims Procedure and is more expensive especially if you appoint a solicitor.

 

The advantage you have is that it will most certainly cost the banks a lot more if they lose which may be a deterrant to them defending at all. The disadvantage is that it will cost you a lot if they win; you would have to pay their expenses as well as your own. These are called Judicial Expenses as opposeed to client agent fees. It gets quite complicated and ther are lots of rules to be complied with.

 

I have undertaken to defend an Ordinary Cause action myself and ended up winning an Appeal after much deliberation and lots of the Puruer's solicitor playing games. I did find that as time went on I became much more at ease with the process. However, as has been suggested elsewhere it may be a good idea for a group of us to appoint a solicitor to do a bulk purchase deal.

 

the FOS have recently been involved in getting a woman some £16000 in charges refunded so, it may be worth trying them first. If that doesn't succeed then you still have the option of court action. You can't however, use the FOS if you have taken court action.

 

Any comments?

[ashleyjane]

I have just read throught this thread and I am still a bit confused. We have 3 different bank accounts with the cyldesdale Bank (two business & one joint current account) I am about to pursue a small claim (around £250) of charges on my business account then the plan was to go after the charges on the other account which are for £2000. As out home address appears on all three account will this be seen as "subsequent" claims or am I still ok to pursue these claims.

[gargoil]

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

 

KILMARNOCK

 

Is this just for Clydesdale or for all banks? just about to submit my 4th claim against HBOS there!

[winky45]

My RBS Claim is for Kilmarnock too...

[Robertxc]

I spoke at length with the FOS on Friday (I think this is who you mean when you refer to 'FSA' donaldtramp).

 

They told me that they have a 100% record of recovering people's charges, with interest. They generally go back six years. They don't get back the difference between what you paid and £12, they get it all back. The only thing she wasn't certain about was what would happen if you had already claimed back £750 before - but she certainly didn't rule it out.

 

I think this may be an excellent option for anyone in Scotland claiming back more than £750.

[Bigmac versus]

Hi Robert there is some doubt as to the FOS in regards to asking them to resolve the case when you have been to court.

FLASH " You can't however, use the FOS if you have taken court action."

This is not true, every case is different and they ask if legal action has been taken when filling out the complaint form, and to what extent it went.

Im going to send in complaint to FOS on Monday morning, will see what comes from it, i feel sorry for CB as they will be charged for each complaint that is made to the FOS about them to the tune of £600, breaks my heart eh Robertx.

[Bigmac versus]

Glasgow herald spread in relation to CB and the throwing out of 2nd claims in interest im told will be out next sat 17th, have given my history of claim and the throwing out of my 2nd claim in Kilmarnock court and the way CB have dealt with complaints in general, they are by far the hardest to claim from.

[Bigmac versus]

Gargoil, winky this is CB only at the moment as far as i know who have used this defence, although as you are probably aware it wont take much manual intervention between the bankers to spread the word, this will be the only manual intervention they will have done in relation to charges.

[change-it]

Will read it with great interest Bigmac

[Robertxc]

Hi Robert there is some doubt as to the FOS in regards to asking them to resolve the case when you have been to court.

FLASH " You can't however, use the FOS if you have taken court action."

This is not true, every case is different and they ask if legal action has been taken when filling out the complaint form, and to what extent it went.

Im going to send in complaint to FOS on Monday morning, will see what comes from it, i feel sorry for CB as they will be charged for each complaint that is made to the FOS about them to the tune of £600, breaks my heart eh Robertx.

I'm all choked up just thinking about it.

[donaldtramp]

Go for it Bigmac. This looks like this might be the way round the banks legal wrangling. If this is the case that the Financial Ombudsman get all the charges back for customers, this might be the way for Scottish claimants to get round this stupidly low small claims and summary cause limits. And it might stop all this claiming in England Lark. We shouldn't have to go through this!!! And this might be just the answer.

 

I think this will work for you.

 

All the best Bigmac. Go get em!!!

[smoorach]

sorry if im butting in here but having just read through this thread it seems a tad confussing as to why people are claim splitting.

claims under £750 should be claimed through small claims this carries no risk of costs. claims above £750 but below £1500 should and must be claimed in one lump using sumary cause which does carry and element of risk if you lose in the way of costs. if you split a £1500 claim into two seperate claims to get them into the small claims bracket then it is right and just that you are penalised for abusing the court services. however and now we get to the interesting part. my local judge advised me at the outset of my claim that if i used sumary cause to claim £2100 by splitting it into one sumary cause case amounting to £1500 (this had to go through first) and one small claims case ammounting to £600 he would allow it as he saw it as meeting the court halfway. while i cannot speak for other courts he was good to his word and allowed both my claims to go through.

[Bigmac versus]

Hi smoorach you aint butting, everyone is entitled to their opinion.

 

if you split a £1500 claim into two seperate claims to get them into the small claims bracket then it is right and just that you are penalised for abusing the court services.

This is not what the discussions here are about and certainly not what i had done, if a claimant has say over £1500 to claim therefore the summary cause wont cover it and the recent defence being used stops more than one claim.

 

my local judge advised me at the outset of my claim that if i used sumary cause to claim £2100 by splitting it into one sumary cause case amounting to £1500 (this had to go through first) and one small claims case ammounting to £600 he would allow it as he saw it as meeting the court halfway. while i cannot speak for other courts he was good to his word and allowed both my claims to go through.

 

A little curious as to how you managed to be advised by the judge of what action to take that he would allow, some of us have not had that luxury and others like yourself have had the benefit of not coming up against the defence that CB are now using that is unequivocal.

Wonder if your local judge would have allowed your 2nd case if this had been their defence against you.

[mungo11]

Hi mungo11, in order to assist you how much are you claiming for?

 

 

hey,

 

i am just totalling that up just now but looks like being around £6-7k over 2 accounts.

 

thanks in advance

[nelliedean]

hi, panicking now as i have a prelim date of 14/03/07 and court date of 21/03/07 this is my second summary cause with bos, first 1 paid into my account before prelim,wondering if I should bin this claim and go through McColl now as i have around £5000 left to claim, does the CB ruling prevent me from claiming in 2 jurisdictions? or would that help? anyone know what would be my best course of action? too much of my money to walk away from, but having made 1 claim already am scared to get this wrong! any help would be appreciated............

[pennywise]

I am claiming nearly £6000 from LTSB and £2000 ish from CB. If I raise an OA do I need a lawyer? How do I go about claimng through FOS? Why does Scotland have to be so complicated????

[smoorach]

hi bigmac,

sorry i wasnt refering to your case in particular it was just when i read through the thread i felt it was slightly confusing on certain points. as to speaking to a judge i asked if it was possible and told yes it was. i then asked for feelings on certain scenarios so i wouldnt get caught out. this site while being great holds a huge ammount of information and when you first start out its easy to get confused. at the time i started out with claiming there wasnt the abundance of information on sumary cause that there is now so i felt it best to ask the guy at the top lol.

as to your second point certainly this argument didnt arise in my case. if it had then who knows??? as always the way we claim is a personal choice and had i not been allowed my second claim i looked on it as something i was able and willing to lose over. after gathering my information i decided to trust the word of the judge and go for it, it paid off. however i was not or never intended to sway people into doing this more i was sharing my experience.

[nelliedean]

bump??????????????

[caro]

It is only Clydesdale Bank that have used this defence Nellie, and I think only Edinburgh refusing to accept 2nd and subsequent claims. I think you will be ok with this one, but suggest you either claim in England for the rest if possible, or leave future claims against HBOS until matters are a little clearer.

[nelliedean]

thank you Caro, will have to hold my nerve a little longer I think, if as I suspect, the other banks grab on to this as a way of getting our claims thrown out, would it still be feasible to claim using the McColl or would the same precedent work for them with that claim in england?:confused:

[caro]

As I say, I would wait until matters are a little clearer.