Claiming in Scotland: Me v HBOS

[b49]

Hi everyone

 

I am really looking for some advice, I live in Scotland and have recently submitted my claim to refund over 3k, the bank still have about ten days to reply to this, but my main concern is what do i do when they write and say i can not have this? What action do i then take ?

 

I have read so much info on this fab site that my head is ready to burst, but if anyone out there could give me a little help i would really appreciate it as i am starting to feel a little out of my depth although i am not going to give up as i am fuming at the amount of money these banks have been taking form us over the years.

 

thank you in advance

[maroondevo52]

Hi b49,

 

Firstly, please don't give up. Thats what the bank wants. They go out of their way to stall you as long as possible hoping you will go away. In scotland you can claim Small Claims £750 to £1,500.Summary Cause. Both cost £39. but with the Summary Cause the court send your papers back to you and you have to get a sheriff's officer to serve them on the bank, this cost me £15.97. The court send you a list of local Sheriff Officers you can use. At the moment people are saying some scottish courts are stopping people claiming more than once on the same account. I have already been successful with one Small Claim against HBOS and one Summary Cause action on the same account. I still have over £5,000 to claim and I'm thinking of going down the English route. You have to have an English address to claim up to £5,000 in the English Courts. If the bank say they will not refund your charges send them a Letter Before Action giving them 14days to comply then you can proceed with court action. My experience with HBOS is that they take it all the way then just before they are due in court, they settle. Hope this helps.

 

Best wishes with your claim.

 

Regards.

 

Scott.

[Bigmac versus]

Hi b49, the HBOS are in my opinion one of the easier banks to get a settlement from and will usually contact you soon before the LBA expires or soon after you file at court, there has been many discussions in regards to claiming in Scotland and this has led to much confusion, there will be some guidance available in the forum very shortly to clarify the situation, you have plenty of time before you get to that stage and there is a good chance they will settle your claim before that choice is required, good luck and keep your thread updated.

[b49]

Thank you so much for the advice, i am going to wait and see what they say in response to my 14 day letter but am starting to think that it might be easier to use English law, i am aware that i need an English address to do this is a PO Box acceptable do you know?

[chancer]

Hi b49,

 

I'm not too sure if a po box will do.......but I'm sure someone will soon come on to help out. If you are really in a hurry with an answer I would pm one of those on this tread....and good luck.

I am going to start the ball rolling next week and it's only a matter of a couple of hundred that's due back to me but better in my pocket that theirs I say.

Thank you so much for the advice, i am going to wait and see what they say in response to my 14 day letter but am starting to think that it might be easier to use English law, i am aware that i need an English address to do this is a PO Box acceptable do you know?