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Hi all

 

I am desperate for some help. I am reclaiming just under£4.000 from Lloyds TSB. I live in Scotland and thinking i was clever i have served an initial writ or summary Cause on them via my local Sheriff Officer. I thought they may just pay up but they said they would defend and they have today lodged there defence against me. it says that my residence and domicile are not known or admitted!!! yet they have written to me here throughout this whole process!!! they also say the action is incompetent and is time barred in terms under section 17 of the perscription and Limitation (Scotland) act 1973. They have also said my averments are irrelavant et seperatim and are lacking in specification. i am completely at a loss as to what to do now. i have followed the procedure to the letter. but it looks like I am going to be the case they take to court and i may lose!! Please can somebody help with some advise as to what to do at theis stage. the hearing is set for May 25th .

 

:-|

Hi Debbie

 

Oh My God i am Soooo excited!!! I have just sent my first letter!!! I've set up a folder in my computer and I've even set up reminder timescales in my diary!!! How bloody cool is That!!! I cant wait to see if I get a result... imagine if they refund the lot!! sod bangers and mash. It'll be steak and Chips every night in this House!!! ( only joking.. we're not really that poor!) Anyway I'll keep you posted and thanks for the support.

 

Cheers

 

Carmel:)

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carmel,

firstly sumary cause carries an upper limit of 1500 in scotland so that is why they are saying it is incompetant. also using it puts you into the bracket of having the banks costs set against you if it fails. you really need help on this one i will try to get a mod to look at it for you

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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I will try and get some Scottish expertise for you - however my initial view is that you may need to withdraw, and reclaim through the English court system. However, hold fire while I seek advice.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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After seeking further advice on this, I would suggest that your best approach would be to withdraw the claim immediately and take one of the following courses of action:

 

1) You could go through through the English court system. You are legally entitled to file a claim at the county court where the company is based, and this can be done by post.

 

2) You could file a complaint with the Financial Ombudsman.

 

There are pro's and con's with both approaches, but whichever route you decide will be infinitely less complex than the Scottish court system.

 

What I would personally do with either approach is to include the court costs you have incurred so far. The FOS will certainly be interested in the way they have dealt with your original complaint, and their tactics in defending the court action. It is therefore possible that they may direct that your aborted legal costs are included in the settlement.

 

By using the English court approach you must bear in mind that you COULD have to attend a hearing at the court where you have filed your action - although this would be unusual if the claim is straight-forward. Whilst the bank may refuse to pay your Scottish costs, if you don't ask - you don't get!

 

Should you decide to continue down the Scottish court route, you MUST get legal advice immediately. The Scottish court process is horrendously complex, and you WILL need a solicitor.

 

Hope that helps - but please be aware that this advice is purely my opinion, and the opinions of others who have no formal legal training. In your situation I have to advise you to seek proper legal advice before taking any further action.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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