Urgent Attention Please Read - Claims in Scotland

[ashleyjane]

Hi, sorry if im posting in the wrong place - is this thread closed? I have 3 calim against the Clydesdale Bank, 1 joint person account at one branch in Inverness, my husband has a business account at another branch in Invernss. I had business account at the same branch my husband had his account but they closed it after they levied their unlawful charges and it is now with a DCA but I am going after the bank anywayfor this account . My question is can I put in 3 seperate claims as these are 3 seperate accounts although all with the bank.

 

Please advice someone:o

[Bigmac versus]

Yes they are three different account numbers, three claims.

 

Business claim accounts are seperate anyway.

Start a thread for your claims

 

 

For the business claims start your thread in here

http://www.consumeractiongroup.co.uk/forum/business-claims-bank-charges/

Edited May 31, 2008 by Bigmac versus

[stivis]

Ashleyjane remember that the Scottish system is different to the English system and that the small claims new limit as of January 14 2008 is now £3000 (from the £750 before) and that if over that figure £3001 to the maximium of £5000 is Summary Cause, above that it is Ordinary Cause.

The forms are of course different which can be downloaded from the Scotcourts web site

 

A little caution should be used in business claims due to the status of the business example UTCCR should not be used in any LLP or Limited Company (PoC) Particular of Claim .......Sole Trader ,Partnership, LLP or Limited company

[ashleyjane]

Thanks Bigmac & Stivis,

 

I have posted a threat on the business forum. I think I will start the process for personal account since all the work is done and hold off on my husband account until more is known about this. My main worry is my old business account and the DCA - any thoughts on how to get to that particular monkey off my bank in the meantime?

 

Thank again

[stivis]

Take care if you are approaching the 5 year mark with your husbans account,

You could put the DCA account into legal dispute and then target the DCA to refund the charges , which would most likely be repaid into the account , and any balance owed to yourself refunded , or if there is still a shortfall it would be owed to the bank.

 

Hopefully the DCA would when face with a struggle hand the account back to the Bank,

 

I think I would start with this account first and get it out the way , then leave it for a couple of weeks and start your personal one.

 

The reason for this is they could settle with the personal one and take the money to pay the business one ......This would be under an "All monies due clause" ( RBS are terrible for using this )unless the business is limited

[ashleyjane]

Hi Stivis, Thank you for your comments. Looking thru' my paperwork I see that the bank have sent me a "Notice of Assignment" to Phoenix Recovery who are acting on behalf of it compartment Tessera Recoveries - they in turn have assigned this to Rockwell Collection Agency. I nowassume they "own" this debt. Is the next course of action to send them a letter saying this is in dispute and asking for the CCA?

I also note from the letter that the 'Assignor' is NAG Europe Group which I beleive own the Clydesdale Bank.

 

Any help would be greatly apperciated.

[mum26]

Hi,

This is my first post so hi every one!

I was just wondering if i could get some help?

I am trying to claim my bank charges from clydesdale bank for around £1500, I have written to them etc. and the financial umbudsman service has too, I heard from them a couple of months ago saying that all cases were on hold till after the court test cases. I was just wondering if i am to just wait or what happens next?? if any one can give any advice it would be much appreciated as i just want to get whats mine back from them! :-|

[Bigmac versus]

Hi mum26 and welcome unless you are going to claim financial hardship then you will indeed need to wait for the ruling. What I would say is that if you dont continue to court then you may lose out on interest.

I will guide you through the process but you need to start your own thread in the CB forum.

[daviet1976]

Hello everyone.

 

I am planning on raising an ordinary action against HBOS to recover just over £7000 in bank charges.

 

No doubt the bank will request the claim be sisted, pending the outcome of the OFT case. Obviously I plan to object to this course of action, and given the amount of successful requests presented to Scottish courts over the past year I hope to be successful with my request also.

 

Can anyone give me some guidance on what should happen now/what I should do now?

 

I have made an appointement to speak to a solicitor in Dundee as I do not feel comfortable raising this action without some legal assistance.

 

Bestest

 

DT

[Bigmac versus]

Well for a start if you wish to raise an ordinary action you WOULD need a solicitor, are you aware that with this action costs could be awarded against you should you lose. My advice would be to consider the FOS as a possible route to reclaiming which would be safer.

To be successful in court you will need to have a very sympathetic sheriff, the cases sisted far outweigh the cases won.

 

I wouldnt advise anyone to take O A, wait until 7th July and see what comes out then. In the meantime read up a little.

[daviet1976]

Points noted...

 

...but no one has lost (so far) and the bank would never risk disclosing it's actual charges if it proceeded to proof in court. Could it be the case that not enough people are requesting the sherrif lifts the sists?

 

The sheriffs in edinburgh seem to be waiving the sists fairly regularly, but I have no idea about the ones in Dundee. Perhaps I should do some digging.

 

I have considered the FOS and then re-considered the FOS and I always come back to the same conclusion- if the banks appeal (which they will) then appeal to the European Commission (which they could) they could (in theory) drag this out for a couple of years yet.

 

 

Note, I am only considering an OA given the amount involved. I would also consider 2 summary actions if it were possible!

 

DT

[Bigmac versus]

Well people have lost and had to attend cost hearings weeks later.

You can lose without actually having your case heard (technicality)

Im not trying to be negative here just to alert you to the real possibility of costs being awarded against you should you lose. It isnt a route you should take without weighing up the pros and cons and not one many people would advise you to take.

I have attended a couple of cases myself and tried to oppose sists and have argued my points on many fronts only for the banks to get their sist at the end of it.

I agree 100% that the case could be dragged on for some time yet.

If you were successfull using 2 summary actions you could recover £6000 but as your probably aware using this method also carries risks.

If you were paid out on the first SC without appearing at court then you would more than likely get the 2nd SC without much hassle.

 

If you had to appear at court on the 1st occassion though this could effectively ban you from further action on that account. Its a gamble also isnt it.

[daviet1976]

Agree completely, and thanks for the advice.

 

Will have a chat with the solicior next week and keep you posted.

[Bigmac versus]

Please do.

[daviet1976]

It's impatience really

 

And the constant nagging feeling that I should have done this last year.

 

I started the process almost 1 year ago but given HBOS' failure to respond to 2 SARs, my complaint/claim came after the OFT decision to take the banks to court, the sunsequent waivers, etc.

 

What REALLY p****d me off was that the SARs were done in my local branch and written by by the staff themselves!

 

Furthermore, I'm still not convinced that the OFT decision to take the banks to court was the correct one!

 

DT

[Bigmac versus]

I have a case against CB which i started in June 2006 been to court twice, in with the FOS, PATIENCE IS A MUST.

 

OFT test case was required to put this to bed but the thing that gets me is the FSA waiver grrrrrrrrrrrrr just window dressing that lot, dont get me started.

[jim2007]

Sorry to hijack your thread, but it sounded like you may be able to help me with something, here is my question:

 

1) I live in Scotland and bank with RBoS and have been charged about 7/8 times (£35) in the last 2 months for going over my agreed overdraft limit. This happened as it is my Ebay account and have frequent money going in and out. Can I claim this back? and how would I go about it?

 

Sorry again for the hijack!

 

Many Thanks

James

[rory32]

Can I claim this back?

Yes.

how would I go about it?

Have a read through the FAQ's and the Bank Templates Library. Also have a read of the Scottish Claims Procedure

[Bigmac versus]

Then start a thread here.

 

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

[daviet1976]

Have not seen the solicitor. Was told over the phone to await the results of the hearing last week before getting some formal advice. Seems some solicitors have a soul!

 

Has anyone attempted to get a sist lifted lately? I have a feeling that if this drags on for much longer, strong arguments can start to be made.

[stivis]

Have not seen the solicitor. Was told over the phone to await the results of the hearing last week before getting some formal advice

.Not accurate sheriffs do actually know the test case is in England only, the problem is how can I put this , Scottish solicitors will do anything to avoid going up against a bank,In Glasgow they have an agreement aledgedly that states that if they go up against one in particular they will get no more work from the bank

Seems some solicitors have a soul!

that'll be a first

Has anyone attempted to get a sist lifted lately?

there have been a few, check out the govan law centre web site , Mike Dailly has had success, and some failures( In case anyone asks the GLC is a free site and I believe they don't take cases as such more public service, BUT I could be wrong )

 

You could try this , or at least think about it .I have absolutely no idea that it would work ...submit a summary cause for just under £5000.00 then later after done and dusted submit a claim to FOS.

My thought is If you have submitted a LBA with the full amount then you have started a claim , so the limitation time scale would have started

[daviet1976]

Think there may be a few people approaching their local courts in an effort to get the sists lifted. "They" can't keep the sists indefinately!

 

And this case could drag on long enough.

 

Decisions. decisions....!

[stivis]

It would be as well to go along to your local sheriff court and ask if sist are being lifted, another but not too accurate way would be to look under daily list in your local court to see how many case are coming up the listing would be ........Joe bloggs V Bank Name Plc

[daviet1976]

You know, it sounds strange and a little ignorant, but I never thought of that.

 

Will pop along to the sheriff court tomorrow. It's just round the corner from work. Will let you know how it goes.

[stivis]

I've checked Edinburgh, Stirling, Haddington, and Kilmarnock and there is not a lot happening there ...think Paisley was marginal