Urgent Attention Please Read - Claims in Scotland

[malx]

Interesting post but i have to admit i tried to understand it all but i failed. Am i right in saying that as long as the first claim was won without going to court(bank not defending etc) then i can plough ahead with the second?

 

What is a UTCC?

 

I'll go have another read of this but teh big words confuse me :o(

[caro]

Unfair Terms in Consumer Contracts Regs. 1999

http://www.consumeractiongroup.co.uk/forum/statutes-library/40-unfair-terms-consumer-contracts.html

[libby21]

Hi Malx...I live inScotland, but as claimwas for nearly £2000, I filed at Berwick and Morpeth County Courts. (Small claims limit in England is £5000) You can also claim back 6 years this way! Claim settled within 26 days, before they even issued their defence! Hope this helps:)

[PitmanTheBRAIN]

hey guys how u all getting on?? any more success yet??

 

ive now left my complaint to the FOS My last prelum letter, the bank was late in replying, havent sent them another LBA, (first one asking for my copy of charges) It took me months to get my copies of charges sent to me, and i fairly enjoyed highlighting the unfair charges - i got a sore hand - lol!

 

i have spokn to the financial ombudsmen now, hopefully they will pull teeth out the clydesdale bank now... sent them a copy of all of my letters i have sent to the bank and all the letters i have recieved from the bank including the copies of my charges which are all highlighted!! they also asked me for my first reference that was on my first letter from the bank, im sure it will all be in safe hands now??

 

i dont still send the bank my LBA now surely??

__________________

Thanx for your help again,

 

Caroline x:p x

[caro]

Answered on your thread. It'll be interesting to see how you get on and how long it takes.

[PitmanTheBRAIN]

hey caro, just recieved a check for £200 not happy!! my original claim was for about £1600... told The FOS And there going to deal with it! they told me to send a letter with the chaeck explaining im not happy and im not accepting that final offer.... are there any template letters i can send to the bank with my check?? x

[Bigmac versus]

Yes have a look here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[klumpy]

I am ready to send off my first letter to lloydstsb claiming back £2500inc interest. however I live in Scotland and the account was opened here.

i've looked at moneyclaim online but this needs an address in england for papers to be served.

is there a way around this?

 

I've heard that small claims are limited to£750 in scotland. is this true?

 

if so how do i go about getting my full claim answered?

 

if not. how exactly do i go about making the claim through the scottish courts?

[Dusary]

I am ready to send off my first letter to Lloyds TSB claiming back £2500inc interest. however I live in Scotland and the account was opened here.

i've looked at moneyclaim online but this needs an address in england for papers to be served.

is there a way around this?

 

I've heard that small claims are limited to£750 in scotland. is this true?

 

if so how do i go about getting my full claim answered?

 

if not. how exactly do i go about making the claim through the scottish courts?

 

 

Klumpy - how about starting your own thread here (if you haven't already!)

 

No problem about using the English system - if you go MCOL - just use a friend's address in England or rent a PO Box for a wee while!

 

You can use an English Court as well - Berwick upon Tweed springs to mind.

[libby21]

Hi Klumpy...I live in Scotland and filed claim for nearly £2000 at Berwick and Morpeth County Court, by post. Claim was settled in full within 30 days of filing. MCOL is inundated with claims at the moment, you may be quicker doing it by post. Small claims limit in Scotland is £750, or £1500 by summary cause.

[PitmanTheBRAIN]

I Have no luck at all

 

HOW U GETTING ON??? IM NOT HAPPY!!

 

ok guys!! i spoke to the FOS about my claim, they told me to send the £200 check back to the bank /solicitor last month which i did, they were going to try and get me the full amount instead!! they have been in touch with the bank and there now refusing to give me any money!!!! so its now in the banks hand to supply the FOS Detailed reasons why they should not be giving me my money back!! this could take up to 6 weeks!!! - if all fails i will take them to court!! i will have all the info i need by then!! its soooo obvious they are in the wrong!!! x xx x

__________________

[chocolatte]

Pitman, the same happened to me so I just submitted the court papers, I wrote to Capital one also after serving the papers saying that I would like to know who shall be representing them and I look forward to meeting them on 31 July 2007. A week later I was refunded!

[PitmanTheBRAIN]

Congratulations!!! how much did u get back?? where do i get court papers from?? and how much does it cost me?? I Dont have a clue where to start regarding taking them to court!? x

[klumpy]

Ok received response from LTSB regarding initial claim for refunding charges with interest. there is NO mention of this claim against them, however they have suggested that my complaint is about cancelling my charges. where do i go from here, is it a bit early for LBA?

[Bigmac versus]

Hi Klumpy you need to spend sone time reading the FAQ's as this will help you know the basics to claiming back.

Prelim letter 14 days then

LBA another 14 days then begin legal action.

[sabu]

I have just had both claims (one small claim one summary cause) returned today from the sheriff clerks office in Edinburgh. It says the reason for returning the forms is:

 

The interest stated in box 4 must be designed as having a start date and an end date of the calculation period. It cannot be designed as 'from the date of service for each charge'. Some examples of how interested should be stated: 1) 8% annually from x date to x date. 2) 8% annually from x date until payment. 3) 8% annually from x date to date calculated as £x, and continuing at said rate from x da until payment.

 

I followed the instructions to the letter on each of my claims and am at a loss as to what to do now! When I filled in box 4 of the summary clause summons I wrote : The pursuers claim from the defender the sum of £1,253 with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action)

 

The small claims action was worded identically with the amount claimed the only difference. I attached a schedule of claim for charges with the date of the charge, amount and in respect of, all as per the worksheet.

 

Am I being really stupid - is it staring me in the face......

 

Any help would be gratefully received.

[chocolatte]

I have just had both claims (one small claim one summary cause) returned today from the sheriff clerks office in Edinburgh. It says the reason for returning the forms is:

 

The interest stated in box 4 must be designed as having a start date and an end date of the calculation period. It cannot be designed as 'from the date of service for each charge'. Some examples of how interested should be stated: 1) 8% annually from x date to x date. 2) 8% annually from x date until payment. 3) 8% annually from x date to date calculated as £x, and continuing at said rate from x da until payment.

 

I followed the instructions to the letter on each of my claims and am at a loss as to what to do now! When I filled in box 4 of the summary clause summons I wrote : The pursuers claim from the defender the sum of £1,253 with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action)

 

The small claims action was worded identically with the amount claimed the only difference. I attached a schedule of claim for charges with the date of the charge, amount and in respect of, all as per the worksheet.

 

Am I being really stupid - is it staring me in the face......

 

Any help would be gratefully received.

 

Hi sabu, in my origional claim I did what you did and it all went through fine, however, the court staff all seem to have different ways of doing this.

In box 4 some of the staff prefer you to write...

The Persuer claims from the Defender the sum of £808.00 with interest on that sum at the statutory rate of 8%, plus the contractual rate which the Defender has charged the persuer, from 13/10/03 to 21/06/07. Also, the Persuer claims the costs of bringing this action, £39.

Total Claim,£1450.83.

Elgin Sheriff court has duristiction of this claim as monies are to be paid to the Persuer, also refer to attatchment.

(the attatchment is the Juristiction from Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK)

 

Has this helped sabu?

[sabu]

Thanks Chocolate - I think I follow you. Will give it a go and see where it gets me.

[Broadsword]

Hi - first post, been doing a lot of reading here and would appreciate some advice.

 

Sent letter on March 25th asking for £2800 (in 8% interest) to be paid back, from HBOS.

 

DECLINED.

 

LBA sent on May 29th - they are still 'looking into it' and have asked me to be patient. They have given me conflicting timescales on the phone, ranging from 'by the end of the week' to '6 weeks'.

 

What should I do next? Cheers

[Bigmac versus]

Hi broadsword you need to start your own thread as this will prove easier to find all the info you have previously asked for.

As you are unaware that you DO NOT claim interest when at the Prelim or LBA stage and of the timescales involved may i suggest you spend a few days reading up the FAQ's and the HBOS success forum as these will give you the basics required at the stage you are currently at.

 

Start your thread in here and keep it updated, any questions put them in there.

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/

 

Have a look in here.

http://www.consumeractiongroup.co.uk/forum/halifax-if-successes/

 

And here.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[dazab74]

hey could you tell me if im claiming in scotland are the claim forms the same as the ones on website as its not a county court in scotland but a sheriff court thanks

[rory32]

hey could you tell me if im claiming in scotland are the claim forms the same as the ones on website

It depends what forms you mean. If you mean the bank templates library and the N1 forms then no the Scottish forms are not the same. Please read this sticky for guideance and forms for claiming through the Scottish courts

 

http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html

[kennythecelt]

Small claims limit to increase in Scotland from January 2008

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-media/113913-scottish-small-claims-limits.html

[suzieblooz]

Great news - about time this happened. Shame they didn't make it £5000 to be the same as England though.

[rory32]

It's really part of a long overdue overhaul of the Scottish judicial system in general. Sequestration and protected trust deeds are also going to be heavily changed. Although, as in the case of small claims, the changes are very much positive.