Claims under Ordinary Action

[Barobalti]

Other threads on this Forum have revealed the alarming notion that other banks in Scotland are likely to follow the Clydesdale’s example and we'll perhaps witness an increase of Courts rejecting multiple bite-sized claims throughout Scotland. Please refer to http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

In my own case, having just served a decree (awarded by the Court via Summary Cause) on BoS for just over 1.5K (two accounts), I now wish to pursue them for a total of £3,416.15 in respect of another account.

Obviously I am not keen to run the risk of rejection on the “multiple claims” tripwire, and this amount is also above the £1,500.00 ceiling for Summary Cause. Personally I’m not keen on going down the “England address” route either, so I’m going to go via LBA and FOS (on receipt of a “final offer”).

Should I have to take this matter to Court then it would be under Ordinary Action – and this requires the services of a solicitor.

(Getting to the point now!): 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 under Small Claims and Summary Cause.

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 percentage / “no-win-no-fee” basis? This more so 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 100 per cent of squat.

I’m going to approach a couple of lawyers I know and keep you notified – in the meantime, does anyone else have any thoughts along these lines?

[Rooster-UK]

Hi Barobalti.

 

If that is the route you wish to follow then I wish you good luck with your claim, but we cannot and will not suggest or recommend anyone as that would be against the site rules.

 

There are many people offering their services on the net, just watch how much they're charging.

 

Regards, Rooster.

[flash]

Hi There Barobalti. I also live in East Lothian. I have defended an Ordinary Cause myself without a solicitor. It is more complex to take on this kind of action and requires adhering to quite a few rules and regs. However, I'm considering taking on RBS for over £3500 via this route. I like the idea of a no win no fee deal though, or even the help of a solicitor to keep everything on the right track.

[Bigmac versus]

Hi Barobalti, have read this before and noticed your comment on say getting 70% of something is better than nothing, the costs of your lawyer would be payable by the bank should they lose the case against you in an OA, I know where you are going in regards to why dont some lawyers take this up but in reality they already are, they are working for the banks, easy money and far more cases from the one client.

[goforit]

Actually I would suggest that you contact Govan Law Centre and if they can't help you ask Mike Dailly to reccomend someone local to you.

 

You don't require a solicitor, in theory, to raise any Scots civil proceedings that I am aware of, including an Ordinary Cause.

 

HOWEVER, TAKE NOTE: that although the sheriff may act as he can such that the procedure doesn't disadvantage you as an unrepresented party litigant, he won't side with you or "let you off" errors where they cause prejudice to the other side. Additionally, you will be required to pay fees for every motion you make or defend, every hearing that isn't cancelled 14 days before it calls, the warrant for raising and serving the writ, every proof, every diet, when you lodge the closed record, etc. In addition, you will have to pay Sheriff Officer fees to serve the initial writ (and most likely every motion you make) and the underwriter's fees for the proof which you can't get an exemption for since they are fees to contractors rather than the court.

 

The procedure is somewhat different than the Summary Cause/Small Claim route and I wouldn't reccommend it without a lot of reading and the reaing and possessing throughout the case of several good books on the matter. MacPhail's Sheriff Court Practice, Charles Hennessy's Civil Procedure and Practice, etc. This would be in addition to researching the relevant law and certainly sitting in on ordinary cause proofs/debates/options hearings/etc (ask sheriff clerk's office when these are likely to occur).

 

Furthermore, it may be the case that you get a Sheriff who doesn't approve of party litigant's since almost all those in Scotland subject to vexatious litigant orders are party litigants. Ordinary causes, if pursued to conclusion can in practice take more than a year to conclude in addition to any appeals. Some, though not a majority, of people express the view that it's better to be a party litigant as the Sheriff may well give you greater latitude with regard to procedural matters; however, this is highly debateable, certain to be extremely variable and does not make it a good idea to raise an ordinary action without an extremely good idea what your doing (not by any means in fact). Your pleadings have to be in a certain manner and the courts can dismiss claims if they aren't in the correct manner.

 

You may find yourself liable for Counsel fees if you lose your case (which the Sheriff may well sanction and allow their fees to be included in the taxed expenses).

 

I would advise the vast majority of people against raising an Ordinary Cause without a solicitor, however, think it is best that people know the option is available.

 

In any event contact Govan Law Centre who know the law in this area and will know where any other solicitor's with knowledge in pursuing these matters in Scotland are based. If you win the other side may be ordered to pay your fees.

[kermit200376]

has anyone actually raised an ordinary cause action themselves and won? I am determined to represent myself

[wsm36]

Why don't you just use the FOS, it's free and you wouldn't be liable for the banks costs ifyou were to lose, I've just been down the FOS route with BOS for £1845 and got a letter from them yesterday saying the bank wish to settle in full. It's up to you, but that's what I would do.