Claiming over £6k in Scotland

[roberta564]

Hi everyone,

 

I have just requested £6405.00 from Halifax. Not at court stage as yet, but no doubt will be soon.

 

Does anyone know if I can take Halifax to court for the full amount, without having to hire a solicitor, or break the claim down into smaller claims? and if so what court would it be. I contacted my local court, Hamilton, who briefly advised me I would need a solicitor, however I spoke to a solicitor yesterday(when I was arranging for my mortgage) who said I don't need a solicitor and to carry on with the court threats.

But at some point I need to stop threatning and take action to get a result!!!

 

Would I be better complaining through the ombudsman?

 

Any feedback is soooo appreciated!!!

[maroondevo52]

Hi,

 

You can claim using the English courts up to £5,000. You need an English address which you can rent for about £20 per month. If you claim in Scotland you would have to do about 4 or 5 claims, not recommended as some courts in Scotland are knocking back more than one claim on the same account. Looks like your best bet and safest bet is going through the FOS, takes longer but well worth it in the long run.

 

Regards.

 

Scott.

[roberta564]

Hi,

 

You can claim using the English courts up to £5,000. You need an English address which you can rent for about £20 per month. If you claim in Scotland you would have to do about 4 or 5 claims, not recommended as some courts in Scotland are knocking back more than one claim on the same account. Looks like your best bet and safest bet is going through the FOS, takes longer but well worth it in the long run.

 

Regards.

 

Scott.

 

Hi,

 

Thanks for that feedback. Do you or anyone know if I would be able to claim in England up to £5k then claim the rest in Scotland? I'm not saying I would do this, probably just claim through FOS as it is less complicated, but I would like to keep my options open:p !!!

[Barobalti]

Have a look at the similar threads. It seems, as in my own ongoing case, that the FOS after the banks' derisory "offers" is the best route for amounts in excess of Summary Cause claims.

 

Ordinary Action (for amounts over 1.5K) without a solicitor may result in the Pursuer (you!) getting a spanking from the Sheriff for not being up to speed in Court procedure.

[roberta564]

Have a look at the similar threads. It seems, as in my own ongoing case, that the FOS after the banks' derisory "offers" is the best route for amounts in excess of Summary Cause claims.

 

Ordinary Action (for amounts over 1.5K) without a solicitor may result in the Pursuer (you!) getting a spanking from the Sheriff for not being up to speed in Court procedure.

 

Yep fair game I suppose! Thanks for the feedback, I will stick with FOS and see how we go!

[Bigmac versus]

In regards to the FOS you can download the complaint form but you will need the final letter from the bank in response to your complaint before posting it, you can also claim interest.

[roberta564]

In regards to the FOS you can download the complaint form but you will need the final letter from the bank in response to your complaint before posting it, you can also claim interest.

 

I contacted the FOS, they have sent a letter to my bank to back up my request for refund, she also said I can claim back 6 years instead of 5! But I need to give them 40 days to respond before thay will do anything!!! Is this normal?

[Bigmac versus]

40 days or when they respond with final say, whichever is quicker.

The banks have 8 weeks to investigate your complaint so yes this would be correct, unsure of the 6 years instead of 5, maybe the Limitation Act we refer to up here aint what the FOS are referring to.

[roberta564]

Thanks for that Bigmac.

[Dusary]

40 days or when they respond with final say, whichever is quicker.

The banks have 8 weeks to investigate your complaint so yes this would be correct, unsure of the 6 years instead of 5, maybe the Limitation Act we refer to up here aint what the FOS are referring to.

 

Ok!

 

Is there a Limitation Act period of time here in Scotland?

[roberta564]

I contacted Halifax today to check on progress of my complaint. the girl I spoke to said a letter is on it's way stating that the bank charges are lawful and they would not be refunded. Do I now get the FOS involved. I feel very daunted by this response, I didn't think I would!!!

 

I am also reclaiming from Bank of Scotland £885.00. I asked about this claim as well and was told that the letter I had sent (which, she said she knew was downloaded from a website!!) was wrong and the bank had 8 weeks to respond. My letter gave them 14 days before I proceed with court action. Just to clarify, I am perfectly within my rights to proceed with court action after 14 days?

[Bigmac versus]

Prelim 14 days then

LBA 14 days

then legal action can be taken.

[Bigmac versus]

You should have took her name so when you get your money back you could have called her and corrected her as she is so wrong about you getting your money back. The only thing she is right with is they have 8 weeks as per FSA. But that dosent mean you have to wait 8 weeks before taking any legal action.

[roberta564]

Prelim 14 days then

LBA 14 days

then legal action can be taken.

 

That's what i've done, so I am on the rigt track with BOS. RE Halifax Do I just send the forms back to FOS? and can I really claim interest as well?

 

I thought I would play safe asking only for 5 years without interest, but now I am very annoyed:-x , if I can claim 6 years with interest I will. Silly me thinking the banks would play fair:rolleyes:

[Bigmac versus]

Claim for 6 years

yes you can claim for interest

Before you complain you must have the banks final say on the matter or if the 8 weeks has passed from when you first complained (prelim) whichever is quicker, the 8 weeks is allowed as per FSA.

 

Hope this helps

[roberta564]

Thanks Bigmac, that helps a lot, just needing a bit of reassurance!!

 

The letter they have sent out is the final response, according to the customer relations rep I spoke to today.

 

I will keep you posted!!!!

[Bigmac versus]

Great your all set up then, keep us posted.

[Dusary]

BIGMAC:

 

Ok!

 

Is there a Limitation Act period of time here in Scotland?

[Bigmac versus]

Yes the limitation act in Scotland is 5 years however there is a growing momentum behind claiming further back.

The Halifax/ BOS settle for 6 years without any arguments.

[Dusary]

Yes the limitation act in Scotland is 5 years however there is a growing momentum behind claiming further back.

The Halifax/ BOS settle for 6 years without any arguments.

 

 

Thanks!

 

So - for folks in my situation it looks as though getting a PO Box address in England is the way forward?

 

Correct?

[roberta564]

Ok, I just got a very unexpected offer from Halifax for £4389.00.:o I did of course call to decline, but the man dealing with my case is not avaiable at the moment and will call me back today. Just a tad nervous incase i did the wrong thing.

 

I hadn't even wrote to the FOS yet, the letter arrived with refernece to the phonecall I made last week. I can see that new car now!!!

[Bigmac versus]

When they do phine back stick to your guns and they will more than likely settle for the full amount, explain that you will not accept a lesser amount and if you do not wish to settle this then you will be reporting them to the FOS.

From my personal experience they may up the offer a couple of times hoping you will accept less but remain adamant and you will succeed.

Let me know how you get on.

[roberta564]

They phoned back and said they were being very generous with this offer, I explained, I didn't feel it was a fair offer considering I was only claiming 5 years without interest and I wouldn't settle for less than my original request. The guy said he is going to review the offer and will be in touch by Thursday next week, but I will phone them on Tuesday!

[Bigmac versus]

They will settle if you stick to your guns.

[roberta564]

I got a call from Halifax today, offering £6k. I told them no and I feel they should offer the full amount giving I am only claiming 5 years etc. After some bartering and threats with FOS the guy said ok, will you settle for £6400? I accepted this offer. He then said that they were processing the transfer just now for the original offer of £4398.00 and I would recieve the rest approx 2 weeks from today and he is sending the amended offer out in writing.

 

I logged on to my bank account and £4398 had been credited, which was definitely not there today! I am just wondering, could they be trying to pull a fast one? Will they transfer the rest of what they owe me?

 

I did ask him when the first transfer would go through and he said it would be within 2 weeks, give or take a day!

 

What should I do, Will I phone them back, or just wait for the offer to come through the post? :confused: