Urgent Attention Please Read - Claims in Scotland

[sickotheclydesdalebank]

Hiya,

 

I'm in the early stages of claiming back from The Clydesdale Bank - in fact they have went over the 40days limit for the SAR. But now i'm getting confused. I estimate that my claim will be between £2K and £3K, can I not claim this amount back? Am I limited to a maximum claim of £750? Also does it make a difference where I serve my claim, am I best to do it to the Head Office in Glasgow or the collections dept in Leeds? If any of you experts out there can help me I would be really grateful.

 

Cheers

[caro]

You are best to keep your claim out of the Scottish courts. Debt_Mountain currently has a claim, which seems to be going ok using the Leeds collections department, or if you exhaust the banks complaints procedure, you can claim via the Financial Ombudsman Service. As long as you make it clear from the start, you should be able to get interest too.

[Seahorse]

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

 

Well, I STILL don't have a definitive answer. There seems to be some contradictory opinions given, depending on who you speak to in FOS.

 

The latest email I got back from my case officer was basically, they can't give me an answer but will let me know the outcome of any adjudication.

 

Now, you might like to ponder this. I got an offer on one account, accepted, on the basis of pretty much 5 years worth of charges. In between times, the FOS wrote to me to say that they had written to the bank regarding my complaint (which is when I emailed for an answer in black and white, but got the drivel above). THEN, I received the offer on my second account, which was closer to charges going back 6 years.

 

As I am obviously accepting this offer, the FOS won't be taking my complaint further, so I won't after all find out for sure. But I can't help wondering if the FOS's letter to the bank prompted my bank to increase what they might have offered without their intervention.

 

Hmmm...

[Bigmac versus]

But I can't help wondering if the FOS's letter to the bank prompted my bank to increase what they might have offered without their intervention.

 

 

Pretty much sure of that one.

[Seahorse]

It certainly looks as if that's what's happening Bigmac. Maybe not with every bank. But I think that it shows I was perhaps a little hasty in accepting the offer on the first account. I think the lesson to be learned is, wait for the FOS to get your compliant logged, and their letter off to the bank before you consider any offer that may come in before that happens.

[Dusary]

Mmmmmmm

 

Well - p'raps by the time I get my WHOLE banking history from HBoS - this *little* issue might be resolved.

[PitmanTheBRAIN]

It certainly looks as if that's what's happening Bigmac. Maybe not with every bank. But I think that it shows I was perhaps a little hasty in accepting the offer on the first account. I think the lesson to be learned is, wait for the FOS to get your compliant logged, and their letter off to the bank before you consider any offer that may come in before that happens.

Exactly What i have done.. still need to see exactly how much they owe me.. STILL Waiting for them to send my charges to my door!!! ive sent a complaint to the info comm office and clydesdale are late in returning info after 7 days since i sent them my letter before action!! CLOWNS!!! Was told the bank would phone me back today after they investigate why they havnt replied!! i know they got the letter because it was recorded delivery, i checked they recieved it!! x

[Ariandis]

I have filed a Summary Cause action against Lloyds TSB for approx. £1300. So far have heard nothng from them although have a few days grace as the return date is not until 25th May. The problem I was having is that I am away on holiday on the 1st of June which is the calling date. However I spoke to one of the lawyers at the Sheriff Court where I work and he has offered to appear for me in my absence. This is on the uderstanding that if I lose he won't charge me, but if I win he will claim his fees back from the bank as part of the settlement. Having a bit of a nervous panic now at the thought of involving a lawyer. :o

[stivis]

Killie or Ayr?

 

at the Sheriff Court where I work

????

[Ariandis]

Sunny Kilmarnock.

[stivis]

Then you will only be asking for a continuance or the bank will be?

[killbi11]

Just to let you know, I have submitted a second claim on the same account against BoS through Edinburgh Sheriff Court. They originally said I couldn't put a second claim in on the same account but went back 2 weeks later and didn't mention anything about a previous claim. They took it and now I have a return date for end of July. We'll see what happens but at least they actually filed the claim

 

I don't know whether this is actually a mistake on their part or whether Edinburgh Sheriff Court are actually accepting second claims on the same account again?

 

KB

[Dread]

Dear all, I havent been on the site for a while, I have been too busy spending the £4,500 I won from Clydesdale Bank WITHOUT APPROACHING A COURT. My circumstances were complicated by me now living in England having banked with CB since 1976 so I really didn't want to have to deal with a Scottish Court from South of the Watford Gap.

 

How did I do it?........Contrary to CAG's advice I added in a process before I went scurrying off to court worrying about whether I claim £750, £1,500 or employ the services of a lawyer (which I rather wouldn't do as in 30 years I have only had one successful relationship with a lawyer; in fact I sacked one in court in front of a Judge over my divorce and no less than Sir Adrian Shinwell threatened to sue me [evidently a sure sign of culpability] because of a 6 page letter I wrote detailling the incompetent way his firm had handled my late Fathers estate) to merely edited me of some of the money a Bank has edited from me.

 

The extra step?......Oh yes - Having ripped my six years statements from the grubby grasp on Neil McKirdy, without having to pay the five pounds per statement; I then calculated the amount of charges made added in the interest and when I was sent a cheque for half the amount I was claiming with a full and final settlement letter I retained the cheque (I didn't cash it) wrote back thanking them but pointed out that I found it disappointing a bank couldnt get a bit of simple arithmetic right and demanded the balance of my money. They sent me another paltry offer which I again refused and having given then a reasonable opportunity to resolve the matter I finally wrote to the FOS. Guess what, as I think I predicted on this forum the Bank paid up within a reasonable time. As I also stated on this site the FOS have said publicly they will not tolerate obstructive behaviour from banks and cant back down from that so they have painted themselves into a corner and must help you.

 

I now still retain the ability to return to the bank, the FOS and the courts with a claim from 1976, which should be fun, simply because I didnt' exhaust all routes to reasonably settle with the bank.

 

The courts, and in particular the Judges who view the courts as their personal domain, are getting hacked off dealing with matters that can be settled out of court. It wont be long before the first question they ask is "has this matter been referred to the FOS before being put before me?" and if not it will be kicked out BECAUSE YOU HAVE NOT EXHAUSTED ALL REASONABLE MEANS TO RECOVER YOUR MONEY and you will be stuffed as the FOS will have a reason to refuse to deal with it as its been before a court already.

 

All the contributors, moderators, helpers etc. of this site are great people but few of them are lawyers, I did say 'few', and lawyers are as likely as the rest of us to be wrong anyway. Every step and process quoted on this site makes sense but to exclude applying to the FOS just because someone believes they wont do anything makes no sense at all. Its ONE extra letter, and thats only if they don't do anything, if they do its a whole court procedure and several weeks less work. The courts are a domain few of us know anything about, you wouldnt drive a car, walk into a lions den or operate on a patient without proper training, believe me, you dont want to set foot in a court unless you absoloutly have to, lions are tame compared to a bad tempered Judge.

 

As I think has been stated on this site somewhere THE COURTS ARE A LAST RESORT AND YOU RISK AT THE VERY LEAST WASTING YOUR TIME, IF NOT YOUR MONEY SHOULD THINGS NOT GO YOUR WAY.

 

This cause risks losing a lot more than that because the banks lawyers will eventually figure out ways to defeat claims (as is already happening) and everyone will be up merde creek sans a paddle and the Judges will by that time be siding with the banks.

[Bigmac versus]

The use of the FOS has been recommended on this site many times and when any claimant in Scotland is over £750 then this is the route advised, I agree with most of what you say but would like to draw to your attention that the FOS will get involved even after court action as long as the complaint is not about the same issue that was dealt with in court.

[stivis]

The FOS should not be the only option .

I wonder why if between £750 and £1500 nobody seems to use Summary Cause, I would also say that multiple claims are indeed

possible except in the case of the Clydesdale Bank,

the claimant could always check the Local Sheriff Court to check if multi-claims are possible

[PitmanTheBRAIN]

hey guys!!! EVENTUALLY!!! i have recieved my statements/charges!!! whoopie!!! it totaled up to £1642.54, whats my next step now?? send them another prelum letter x im in scotland!! help me!! xx he he he xx

 

Caroline xxxx

[sn00psmum]

Hi Caroline,

 

Yes, send them the prelim together with your schedule of charges, give them 14 days to respond then send your letter before action. You're just over the summary cause limit of £1500 so I don't think it's worth risking court until you've been through the FOS complaints procedure, especially if you're dealing with Clydesdale! The bank have 8 weeks from the time you first wrote to them with your complaint to resolve the issue before you can approach the FOS (unless they issue a 'final response' before this)

 

Hope that helps and good luck!

SM:p

[Bigmac versus]

Hi Caroline as snOOpsmum says send them a prelim letter with the schedule of charges and stick to your timescales, keep us posted.

[santamonica]

Is there a template of what should be put on the form for the FSO?

[stivis]

santamonica

Use sections out of the POC, but when dealing with the FSO be wary of the interest, also again be wary of the section where it asks if a court case has started or will be proceeding ,( that not the real words,but the implication)

[Bigmac versus]

Answer it the best you can if they require further info they will write to you. In regards to court cases as long as they are not in the pipeline or a court has decided over the same charges you are referring to the FOS you shouldnt have any probs.

[stivis]

will be proceeding

this is the biggest problem in answering it, simply put if you don't get the money from the bank via FOS are you taking the Bank to court ? Is really the question being asked .

One could argue that if you have sent letters saying your taking them to court , If they do not respond (with the refund) then court action will commence, a covering letter should enclose this information

[PitmanTheBRAIN]

Hi Caroline,

 

Yes, send them the prelim together with your schedule of charges, give them 14 days to respond then send your letter before action. You're just over the summary cause limit of £1500 so I don't think it's worth risking court until you've been through the FOS complaints procedure, especially if you're dealing with Clydesdale! The bank have 8 weeks from the time you first wrote to them with your complaint to resolve the issue before you can approach the FOS (unless they issue a 'final response' before this)

 

Hope that helps and good luck!

SM:p

Thanks snoopsmum!!

 

i will go and sort that prelum letter out right now!! where do i find a ''schedule of charges template''?? anyone help? xx

[Ariandis]

Then you will only be asking for a continuance or the bank will be?

 

Neither. Lloyds sneakily paid the full amount into my account yesterday without any notice.

 

This is the second refund I have had from them in the space of a week as they refunded my PPI as well.

[Bigmac versus]

Just in time for your holidays Ariandis, thats a result, congrats.