Urgent Attention Please Read - Claims in Scotland

[Bigmac versus]

Hi smoorach, yes the thread jumps about a bit, and by adding your own personal experiences it can only help others decide what action to follow, as you know the discussion was in regards to claimants who wish to claim more than £1500 and from the CB who at the moment are having the 2nd claim thrown out as incompetent, this leaves no judge in doubt of their defence as mine had said it is unequivocal. The discussions are how to get around this now, which appears to be.

 

A/ Claim in England if possible.

B/ Complain to the FOS after the bank make their final offer.

C/ Raise an OA.

 

Yes thats prob best for the moment Caro until we get a clearer picture of things, also it is may be worth complaining through the FOS after the bank has made their final offer, as i said in an earlier post though this will cost the bank. (£600 per complaint)

[nelliedean]

do you think claiming in england with second and subsequent claims will work? after succesfully claiming in scotland? no cheque's, no conditions, just settlement lodged in account!!!!!!!!

[Bigmac versus]

Hi nellie looked for you thread but cant see it, you said you were settled before prelim, so are you now claiming fresh charges?

[nelliedean]

sorry big mac, wasn't very clear, last claim was summary cause and they settled before prelim hearing, this time(2nd claim) prelim is on 14/03/07 and full hearing 21/03/07 and not a word from them, started panicking after reading your case with CB and considered dropping this (2nd) case and just going McColl if that would help me, cos I still have £5000 to go!!!!!!!!! any advice would be welcome as you guys got me this far.........

[Bigmac versus]

Hi nelliedean sent you a pm

[quidsinn]

hi all just started the process off recouping my dosh from hbos, i've managed to get my statements and have sent a 14day letter to hbos requesting refund of all charges plus interest or i'm going to recover via the legal route ( amount £4200 ), they have till next Thursday 22nd March to respond.

I'm a bit lost as to the best way to progress it at this stage, I am Scottish based and it was my intention to recover through the English courts by using a PO box or an English mailing address as a service address. Can anyone advise me if this is in fact the best route to take and also if there are any pitfalls that I should look out for?

Does anyone know if I can use MCOL using the above method?

Many thanks in anticipation

[katierose]

Hi, I have just had my fob off letter from the Clydesdale bank and was going to send them a lba but having read some of this thread i am not sure if i should hold on.

 

I am waiting for statements for another two accounts should i wait till i have all the figures from all the accounts before lba and do one claim?I had been going to do three claims one for each account.

 

Any advice would be welcome?

[Bigmac versus]

KATIEROSE: Each account is different therefore a claim for each account is NOT seen as an abuse of the court.

 

QUIDSINN: You can use an english address to claim in england but you have started your process using a Scottish address, pitfalls would be having to appear in court if it got that far, yes you could use MCOL. I have found that a simple phone call to them can sometimes avoid the need to take court action, the person you would need to speak to would be the name on the offer you will more than likely receive after sending the LBA, always worth a try.

 

PENNYWISE: OA would require you to have a lawyer, the link to complaining through the FOS is below.

Financial Ombudsman Service

 

MUNGO: As your claim is for two accounts could you tell me the amount for each one, if one is under £1500 then you could raise a summary cause, if both are over this amount then an OA for each to avoid the possibility of throwing out due to 2 or more claims on each account, you would require a lawyer and risks of costs go up, in regards to the above link i would wait until the bank make their final offer and then if it is not acceptable make a complaint.

[katierose]

Thanks for that will send my lba in the morning

[quidsinn]

Excuse my ignorance and without trawling the threads can someone advise me what is LBA

 

Thanks in advance

[speedy1uk]

LBA stands for letter before action quidsinn.

its the last chance for them to settle before court proceedings are raised.

Hope this helps.

Jacky

[mikeb1]

Hi All

my big mate has just had a letter from clydesdale telling him that they will be defending in court next week.He had claimed for £1298,last december they payed him out half that amount,he accepted as was the advice on this site at the time,but sent a letter to them saying he would accept this but intended to sue for the rest.

 

The bank in this new letter are saying that since he accepted this cheque he accepted full and final settlement.Now hes in a panic and has court looming

next week 22nd march,and needs help big time.

 

mikeb

[quidsinn]

LBA stands for letter before action quidsinn.

its the last chance for them to settle before court proceedings are raised.

Hope this helps.

Jacky

 

Thanks..... (how stupid am I) I wasnt going to send them any further letters, I had advised them in my original letter they had 14 days or i was proceeding down the legal road, lets face it they dont send out any further letters to the customer once they advise that they will be debiting a charge.....rather than mess around it is my intention to lodge the legal papers immeadiatly after the initial 14days are up which is next Thursday.

 

I'm going to go down the English system can anyone advise where is the best place to hire a mailing address???? Will a PO Box from the Post Office be suffice?????

[Barobalti]

Can I ask a few questions mainly to sort of summarise this thread (in my own head)?

From my understanding of this thread:

Other banks are likely to follow CB and we'll witness perhaps an increase of Courts rejecting multiple claims throughout Scotland?

I’ve just served a decree (awarded by the Court via Summary Cause) on BoS for just over 1.5K (two accounts) and I now wish to pursue them for a total of £3,416.15 in respect of another account. With this in mind and for such a sum above the Summary Cause limit of 1.5K I should write to the banks as normal with LBA?

Thereafter it would appear that (when I get the inevitable refusal) I should approach the FOS, who appears to be sympathetic to our cause and will not support the banks' claims that their charges are reasonable -- this would circumvent the need to go via Ordinary Action? Posts from Flash and Robert XC seem to indicate that this may be the case.

Best to await the outcome of Sneaky Pete’s case for guidance?

Regards,

[Barobalti]

Another thought has occurred to me – we have not lost in the past and are unlikely to lose in the near future a propos illegal bank charges. Thanks to the templates on this and other sites the paperwork is all but done and dusted to enable we lay persons to claim our money back from the banks.

With this in mind, and considering just how little work he or she would have to do, why doesn’t some “tame and friendly” lawyer cash in on this goldmine and take on Ordinary Action cases on a “no-win-no-fee” basis? This moreso as losing is not currently an option.

Of course they’ll take a hefty fee, but I for one would rather get back 70 per cent of a 3.5K claim than 0 per cent of any claim.

Discuss?

[stevokenevo]

Discuss?

 

Perhaps a discussion would be better started in new thread of your own.

[stevokenevo]

Excuse my ignorance and without trawling the threads can someone advise me what is LBA

 

Unfortunately, this is a 'self help' forum, and trawling of the threads is something that must be done, to familiarise one's self with the in's and out's of the process.

Too many people are jumping in and making mistakes, and the same questions are being repeated over and over again, Thank goodness for the more patient members who answer these questions.

There are FAQ's ~~> http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/, Step-by-step instructions ~~> http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html, and if anyone had read the FAQ's they would have noticed in a nice wee box ~~> http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html.

 

My apologies for hijacking your thread George, maybe im just having one of those days..........

[Bigmac versus]

Hi stevokenevo no apologies required.

BAROBALTI: Yes the FOS looks the route for now, remember though you must first go through the banks and have their final offer before doing this, good luck.

MIKEB1: Answered in your thread.

[Advocate]

FYI,

 

Appointing a lawyer will always cost you something. You never get all your expenses back in court or through settlement. Expect to have to pay 1/3 of your legal costs if you win and all your own and 2/3 of theirs if you lose.

[Robertxc]

FYI,

 

Appointing a lawyer will always cost you something. You never get all your expenses back in court or through settlement. Expect to have to pay 1/3 of your legal costs if you win and all your own and 2/3 of theirs if you lose.

Exactly. The big myth surrounding 'no win no fee' is that if you lose it costs you nothing. At best all it merans is that you won't have to pay your agent - it doesn't however protect you from having to pay the banks costs - which could well be ruinous. We've talked about this a lot with a number of lawyers, including the Govan Law Centre. The advice is always the same - advise your members to stay well away from Ordinary Cause.

[needrevenge]

I'm in Scotland (haggis, neeps & tatties and wear kilt all day:razz: )

 

My claim is with BoS, not CB fortunately! However, it will not be long before other banks follow suit I think.

 

My scenario is;

SAR sent - BoS only supplied part of statements within 40 days (charges on supplied statements came to just over £1200). Still waiting on remainder of statements.

Submitted Prelim.

 

When I manage to crowbar the rest of the statements from BoS and I go to make another claim (which I think will be less than £750), do you think if they stated that I should have claimed in one lot, my defence could be that the claims were based on how they sent the statements?

 

Any thoughts

[Bigmac versus]

Hi needrevenge, i know what your saying but the answer is defin NO, i said this to the BIGYIN at court and was told that i should have waited until i had all my statements before raising court proceedings as i KNEW or SHOULD have KNOWN that there were other charges to be claimed.

Hope this helps.

[kevmcfad]

HBOS has charged in total over £2800 over the last 6 years and I've split that into 4 seperate refunds and done them seperately to avoid it going Summery Casue. HBOS has already sent me 2 cheques for the first £1400. I'm currently on my 3rd court case against HBOS (which the Kilmarnock Sheriff Court accepted) but the bank has sent me a letter which has been worded differently to that of any other letters they've sent me.

 

It reads:

 

"I note that you have previously had two payments in respect of your complaint regarding bank charges on your account therefore I am unable to agree to your request for a further refund."

 

The return date is next Friday (23/03/07) and the hearing date is 30/03/07. Is this just another scare tactic from them?

I guess I should contact them to acknowledge this but what should I say in my letter to them?

 

Any help would be appreciated.

[caro]

Sounds a little ominous to me. Sounds like HBOS may be following Clydesdales example. Which court was your claim filed at?

[kevmcfad]

Kilmarnock Sheriff Court. I won't know if HBOS will defend until I call the court on Monday 26th March.