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    • That's their problem. They said account was £89 in credit when it was closed. Sent the cheque after about 3-4 weeks. They can't get it back from dead people. Unless they hold a seance.
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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Scotland-what do i do if claims £750+


frostdog80
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Was basically wondering if anyone has had any experience of the Royal Bank of Scotland. also, i saw that in Scotland you can only claim for 5 years, is it true that the maximum you can claim in the small claims court is £750 here (Scotland). I havent started the ball rolling yet but would expect my charges to have exceeded the said amount. Any advice on how to handle it i.e if the small claims isnt viable would be greatly appreciated.Cheers, Pete

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Guest louis wu

Hi frost.

 

To be honest, I have no idea, but hopefully these links will be useful.

 

http://www.consumeractiongroup.co.uk/forum/scotland/

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=3

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/441-scottish-civil-procedure-some.html

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

 

 

I'm sorry I cant be of any practicle help, but I wish you the best of luck, and hope I've pointed you in the right direction.

 

Louis

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  • 1 month later...

Just been on the FOS website

If a consumer brings their complaint about bank charges to the ombudsman service – and the bank won’t resolve the complaint by waiving the charges as a goodwill gesture – our job is to settle the argument using our official powers.

This might involve a formal investigation by the ombudsman into the legal and financial issues involved. That would mean our seeking detailed information from the banks about their legal arguments.

I also read a lot of scottish threads for claims over £1500 and the advice by MODS Robertx and Caro seem to suggest that the fso would be the right route to go for larger claims in Scotland, As I am now past the stage where I have to lodge papers at court I would appriciate any advice from Scottish Mods on the FOS Route.

Also read in the Sunday papers that the FSO have been 100% succesfull in claiming back all the charges, I feel that this may even be a quicker less complicated route to go down for larger claims in Scotland.

Any advice please at this stage would be appreciated.

 

cheers

 

JD

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hi mate, i'm at exactly the same stage as yourself I reckon.

Does anyone have a copy of the text they used in the FOS complaint form?

I've been trying to find the right words to put down, but not sure what to say on it.

Thanks

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I think you want to PM a moderator and move this to the Scotland subforum. That way you'll get a lot more input.

P.S. there are lots of ongoing discussions on this in the Scotland subforum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi all in regards to claiming over 750 it is advisable to go through the FOS to avoid any potential pitfalls which are discussed in detail on other threads, as for the wording of the complaint form it is really easy to follow AND if in any doubt as to this ask away.

There will be a fair amount of time involved for them to complete the complaint but remember you MUST have the final say on your complaint from the bank before you go through the FOS.

The banks are allowed up to 8 weeks to respond and you may need to wait this time before getting a response.

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Claims over £750 but under £1500 are done with a Summary Cause as aposed to a Small Claim. Same proceedure though, different form.

Serve your papers on your local branch by recorded deliver, I was told by the Sheriff Clerk to use a Sheriff or a Solocitor to serve them but I was advised by a solicitor to send them through the mail recorded.

Summary Cause

 

If your claim is more that £1500 then I advise to split it, that's what we are doing.

:DABBEY-WON! £1,359.34

:confused:CAPITAL ONE WON £1,523.27+£39court fees.

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Splitting of course runs the risk of having subsequent claims thrown out for abuse of process. Research your court first if you feel you have no choice but to follow this route.

 

But FOS is fairly straightforward. They will want you to have exhausted the bank's complaints procedure first though. ie either 8 week since you first registered your complaint, or to have had a final response in writing from the bank.

 

FOS route is simply a case of downloading the complaint form, and send it back with supporting documentation. Schedule of charges, all letters etc.

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  • 2 weeks later...

I'm confused now!!

 

I have had letter from abbey (8 weeks after my initial complaint) saying as a gesture of good will they have given me £120 back (claiming with interest £800) so have said I will not accept this as full and final settlement etc. So no I am unsure what to do because I thought I should just take court action but some posts above say complain to FOS. I also want to check because I have received back £120 the amount I still have to claim is under the £750 max for small claims court so can I now do a small claims court or does the amount they have already paid me get taken into account?

 

Im just a bit mixed up by all the legal stuff.

 

Any help much appreciated.

 

Julie x

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Just looked on FOS and says it can settle most claims within 6-9 months. I definitely can't and don't want to wait that long for my money back so think I will just do the small claims route instead. Will amend my schedule of charges taking out £120 worth (that they have refunded me) and keep it below the £750. Does this sound OK?

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I think it sounds like the right thing to do you can also ask at court stage for the judge to look at awarding you time spent preparing your case and get your additional costs back that way

 

Good luck JD

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