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49kirk v HBOS - COURT PROCEEDINGS STARTING


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Yesterday was the 14 day after I had sent my LBA and received nothing from them.

I contacted them, which took about 40mins to get through only to be told that they have until the 10th April to get things sorted. I told them that I am not taking that chance and will be starting court proceedings. The woman on the other end was like fine

Wen to the court and since we are in Scotland. I have to claim twice once through the summary clause system and then the small claims for the rest.

The question I am asking is can I do both at the same time and someone else take it into the court to pay the fee? Also how long do the banks have to reply?

I am so nervous which they had just made me an offer

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Hi 49Kirk,

 

Only do one claim, then when that's settled do the other. After you hand your papers into court, the court will then send them back to you with a Return Date and a Calling Date. The timing will depend on how busy the court is, you could have to wait a couple of months. The day after your court Return Date you should phone the court to see if there has been any response from the Bank, If not you will have to fill in a form to get your Decree against the Bank. With the Summary Cause claim the court will return your papers to you and you will have to get a Sheriff's Officer to serve them on the Bank.(This cost me £15.97) which you can claim back. The court will give you a list of local Sheriff's Officers you can use. With my first claim against BOS they phoned me on my court return date and offered full settlement including interest and costs. With my Summary Cause claim they have totally ignored me and did not respond to my court summons, I am now waiting on the court sending my Decree.

 

Best wishes with your claim.

 

Regards.

 

Scott.

 
 

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Thanks for your message fantastic information. My summary is going in today so fingers crossed something will happen soon and i can get the officers out with it.

Can I ask a silly question? but what is a decree?

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