Urgent Attention Please Read - Claims in Scotland

[Bigmac versus]

Will have a look in your thread.

[PitmanTheBRAIN]

can someone on this site please explain all abbreaviations?? im am getting a wee bit confused on all of these four lettered words? would maybe understand them a wee bit more if the words were included? just a suggestion..

[stivis]

Caro, the quote on post 250.

While you could go through the FSO,may I clarify

 

Claims in Scotland all at the Sheriff Court

 

Up to £750 Small Claims

£750 to £1500 Summary Cause

Over £1500 Ordinary Action

 

All these figures omit the interest , which is added on as a percentage only not as a figure on the Particulars of Claim which should be correct for the Sherrif Court that the claim is filed

trust this will be of benefit

[debt_mountain]

can someone on this site please explain all abbreaviations?? im am getting a wee bit confused on all of these four lettered words? would maybe understand them a wee bit more if the words were included? just a suggestion..

which ones do you want explained.

[Bigmac versus]

Hi debtmountain done this by pm.

Thx

[peco76]

hi new to all this

have sent second letter to BOS for £2,889 plus interest of £504.62

and suprise have received no reply.

want to send letter to go to court BUT confused about what court and how to go about it with a claim of this amount

any ideas???????

[stivis]

Peco76

Are you in Scotland?

[JulesLivi]

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.

Hello,

Could you clarifiy for me if it is ok to put 2 claims in if they are different accounts (with the same bank) - I have one claim for about £500 and another for £200 but once interest is added its over £750 so would like to do 2 claims. If not I will just claim both but not interest.

[Bigmac versus]

Hi Juleslivi you CAN have two actions as they are two accounts, hope this helps.

[pandhandj]

Bigmac,

i spoke to the FOS today re: 2nd claim to CB (1st claim was summary cause, settled out of court to my satisfaction) for the repayment of further charges.

The gent i spoke to explained in no uncertain terms that the FOS would not touch my 2nd claim, as i had already raised a court action and settled.

I tried to explain that in my view, they were 2 separate actions, as the total amount of charges was about £3K and the court action was for about £1.5K, therefore I wanted the FOS to consider a second, separate claim of around £1.3K, but he wasn’t interested. He was definitely a bit annoyed that i wanted to discuss this rather than just except his explanation as final.

I am of the opinion that the gent I spoke to did not fully understand my situation, as he wouldn't let me explain it completely. He seemed much more interested in getting me of the phone!

Has anyone come across this advice from the FOS before? or can anyone confirm that the chap i spoke to was in fact a clown?

cheers

PandHandJ

[PitmanTheBRAIN]

ha ha ha!! bloody clown!

[peco76]

stivis

yes iam in scotland (edinburgh)

it appears it would be so much easier to do this in england

 

£750!!!!!!!!!!!small claims pretty poor

[caro]

Bigmac,

 

i spoke to the FOS today re: 2nd claim to CB (1st claim was summary cause, settled out of court to my satisfaction) for the repayment of further charges.

 

The gent i spoke to explained in no uncertain terms that the FOS would not touch my 2nd claim, as i had already raised a court action and settled.

 

I tried to explain that in my view, they were 2 separate actions, as the total amount of charges was about £3K and the court action was for about £1.5K, therefore I wanted the FOS to consider a second, separate claim of around £1.3K, but he wasn’t interested. He was definitely a bit annoyed that i wanted to discuss this rather than just except his explanation as final.

 

I am of the opinion that the gent I spoke to did not fully understand my situation, as he wouldn't let me explain it completely. He seemed much more interested in getting me of the phone!

 

Has anyone come across this advice from the FOS before? or can anyone confirm that the chap i spoke to was in fact a clown?

 

cheers

 

PandHandJ

 

Will try and find out more for you.

[Seahorse]

I hope this doesn't mean we'll see the FOS backing up the courts in telling us we should be claiming everything in one go. This wouldn't bode well for those who started splitting their claims before it was evident that the courts were taking this step.

[Bigmac versus]

Ok here is some info on the FOS

 

The FOS cannot investigate a complaint until the firm has had an opportunity to put things right. The procedure is explained fully on their website http://www.financial-ombudsman.org.uk/

 

If you have carried out legal proceedings over the same issues you wish to refer to them and a ruling has been made in court they would not be able to consider a complaint about the same issues. As long as the same issues have not been addressed in court and a ruling has not been made on them they would be able to consider the complaint. If a court case is ongoing they would only be able to consider a complaint which relates to the same issues if the case has been put on hold.

 

You can request interest if you would like this as part of a settlement to your complaint and an adjudicator would consider whether or not this would be awarded if an investigation is carried out by our service. If an offer has been made in full and final settlement and it is accepted the FOS would not be able to consider the complaint. If it is accepted but is not on this basis they may be able to consider the complaint.

 

If you wish to pursue a complaint, unless you have already done so, you should therefore complain to the firm and inform it of your contact with this office. You can do this in two ways.

 

(a) You can contact the firm yourself, when you should ask that your complaint be put through the firm’s internal complaints procedure and resolved or a final decision letter issued. The firm is expected to complete this procedure within 8 weeks of the date the complaint was first lodged.

 

(b) The FOS can send details of your complaint to the firm, on your behalf, if you submit a complaint form to us. (Alternatively, you can provide the FOS with the necessary details by speaking to a member of their staff, on the telephone number shown below).

 

If you want information (or the form) by post, you will need to confirm your postal address.

 

I should add that they need a form endorsed with your original signature when a final decision letter is submitted to this office, or if you wish to report that the firm’s time limit has been exceeded.

 

Please note our postal address and enquiries telephone number:

 

The Financial Ombudsman Service

 

South Quay Plaza

 

183 Marsh Wall

 

London

 

E14 9SR

 

Tel 0845 080 1800

 

Tel 0207 9641008

Fax 0207 9641009

[Bigmac versus]

Rachel Scott

Consumer Consultant

 

 

Tel 0207 9641008

Fax 0207 9641009

Email [email protected]

[stivis]

stivis

yes iam in scotland (edinburgh)

it appears it would be so much easier to do this in england

 

£750!!!!!!!!!!!small claims pretty poor

It isn't

because I've done it in Scotland and England , several times

 

remember £1500 in Summary Cause

although Edinburgh to Berwick on Tweed isn't that far

 

pandhandj

Personally I would not bother with the FOS , I would file the claim , split it if you have to ,but that is only my opinion

[Bigmac versus]

As long as the same issues have not been addressed in court and a ruling has not been made on them they would be able to consider the complaint.

 

You are not complaining about the same issues that were adressed in court, these issues have bean dealt with, your issues you wish to complain about have not reached a court room so therefore no decision has been made in relation to them.

My case is being considered even though i had my second case thrown out as incompetant i said it should be allowed to be investigated as the decision reached in court was about the process i took not the charges, the charges have not been ruled on in court.

I also spoke to the FOS a couple of weeks ago and asked the same question in regards to pandhandj's situation and was told as long as a court case isnt in process they will accept a complaint even though an earlier case had been settled.

[knoxvillain]

is there a template for the FOS form yet like there is for the court forms?

[Bigmac versus]

Did you explain that it WASNT A FULL AND FINAL ACCEPTANCE as they WONT accept complaints when this has happened, this was the only time they basically wont get involved.

[pandhandj]

All,

 

I did try to explain all the details, but the chap was much more interested in getting me off the phone. He did mention "full and final" but i pointed out that i had only accepted the CB's offer on the court claim and as yet i have not taken any action wrt my second claim.

 

It now looks as if the guy i spoke to did not fully understand my situation.

 

I will now contact the FOS with regard to my second claim. I intend to use the letter i recieved bak in Dec '06 from N. McMurdy stating that the CB had rerached it's final decision and if i dont like go and see the FOS!

 

yet again, thanks to all at CAG for their help.

 

cheers

 

PandHandJ

[Bigmac versus]

PandHandj have sent you a pm.

[Dusary]

Hi Juleslivi you CAN have two actions as they are two accounts, hope this helps.

 

That was a helpful *ruling* Bigmac! Thanks!

[Dusary]

Afraid I have to agree with Bigmac. The chances of CI and beyond 5 years in Scotland is unlikely to be supported by the FOS.

 

However, I'm still waiting to hear back from them regarding my claim, so if by some miracle they DO agree it should be claimed, I'll be straight on here to let everyone know.

 

But don't hold your breath.

 

Seahorse - has the situation changed now about the 6-year limitation thingie in Scotland - since that response of yours in April?

[caro]

pandhandj

Personally I would not bother with the FOS , I would file the claim , split it if you have to ,but that is only my opinion

 

Stivis - Unfortunately he doesn't have that option as his claim is against Clydesdale who used an old law to successfully defend Bigmacs second claim.

 

pandhandj - I knew Bigmac had the info on FOS that I was thinking of. Have you got everything you need now?