£750 Small Claims Limit what should we do?????

[mark250]

Hi,

 

I have started to claim back all the unfair account charges that have been applied to my account. The total is going to be in excess of £3000.00 between my two accounts.

 

The first account is under the £750.00 limit for small claims in Scotland but my other account will be well in excess of that.

 

Wont putting in 4 claims to the court be too much work for firstly the court, secondly the bank and thirdly myself?

 

Has anyone else had any similar experiences and how did they deal with it?

 

Any help greatly appreciated.

[alanfromderby]

I think it is important to consider a couple of points:

 

Fistly, it is possible that a bank is eventually going to complain that splitting claims is an abuse of court process.

 

I would also say that whilst filing a claim for an amount above £750 does mean that you would potentially face some costs - but only if the case went to court, and that you were to lose. Also, claims below £15k are limited to £750, and if it is below £10k it is £500.

[mark250]

Hi Alan,

 

Thanks for your reply. Am I right in thinking then that I should file for the full amount ie +/- £3000.00 in one go. Am I also right in thinking that claims over £750.00 will also only incurr more court charges if I am unseccussful at court? or will the case be thrown out because it is over £750.00?

 

Sorry for all the questions I have read the FAQ's and also alot of posts from inside the Scotland Topic but I'm still unsure of what to do.

[alanfromderby]

Hi Alan,

 

Thanks for your reply. Am I right in thinking then that I should file for the full amount ie +/- £3000.00 in one go. Am I also right in thinking that claims over £750.00 will also only incurr more court charges if I am unseccussful at court? or will the case be thrown out because it is over £750.00?

 

Sorry for all the questions I have read the FAQ's and also alot of posts from inside the Scotland Topic but I'm still unsure of what to do.

 

The choice is yours - a claim for £750 or less carries no risk of costs if you lose - above that then you have a limited possibility as I said above.

 

Of course, issuing for a claim above £750 will be more expensive - but it will have the advantage of dealing with the issue quicker.

 

Please note that the process for claims over £750 in Scotland is far more complex, and it would be advisable to have a good look through the Scotland forum.

[mark250]

Hi,

 

I would just appreciate some feedback as to whether or not I have done things correctly and what my next step is along with some advice about a couple things on my mind at the moment.

 

I trawled my online statements and worked out that Lloyds have taken £790.00 unfairly ie: U/PAID DD and O/DRAFT EXCESS from me and my partners joint account. I went straight to the LBA and posted that recorded delivery yesterday. Is that right? If so whats my next step after the 14 days have elapsed?

 

Also...My bank has had some manual intervention in the form of passing my account to central collections and they have set up various plans for me to pay the money that is overdrawn back.

 

On two occasions I was unable to stick to the plan and they contacted me again. I am now on my 3rd and final agreement.

 

Will this affect my claim as they had to manually intervene?

 

I am currently waiting on my internet banking username through the post so I can do the same for my current account. The amount for my current account which I intend on claiming back in one claim is well over the £750.00 limit which I understand is recovered in the same procedure but through a different track at the court.

 

Has anyone been in a similar position and is anyone willing to help me out with advice and a bit of "Hand Holding" should my case reach court?

 

I'm in Fife by the way.

 

Thanks very much guys and girls I eagerly await a reply.

 

Mark

[hlk01]

If it's Lloyds which is an English based bank you could go via English courts. See my thread.

[woolfie]

 

Issuing a case above £750 is exactly the same process and it would be heard at the same court - it is just allocated to a different track.

 

I am not sure if this is correct. If you go out with the small claims court you are advised to use a solicitor. I am sure I read somewhere that if the bank were to defend you would have to show that their charges were punative and this could involve the services of a forensic accountant.

 

Would certainly be worth checking this out further.

 

Woolfie

[scotia]

Issuing a case above £750 is exactly the same process and it would be heard at the same court - it is just allocated to a different track.

 

 

That isn't quite correct.....if you issue a small claims...(i have just had my 2nd claim settled from Halifax)....then the court server summons etc...and deal with everything.....whereas £750 to £1500 is dealt with under a 'summary cause' where you are liable for a lot more paperwork, fees, (and defendants expenses should you lose - Max £500)

Above £1500 you would be advised to get a lawyer involved

 

I have stuck to the small claims....first claim was paid within 20 days of it being issued....2nd claim has just been settled today (less than 10 days since serving summons)

 

I would be more than happy to answer any other questions if you pm me...also check out my sticky post at the top of scotland section for filling out claim forms

[mark250]

Hi,

 

Firstly thanks for the replies in my thread.

 

When filling out the form 1a and 1b What do I put under the defendants name and address?

 

I live in Scotland and am taking action against Lloyds TSB. I'm busy filling out the the forms now as I got the STD. reply to my LBA today.

 

Many thanks

[smoorach]

scottish court system...

1. small claims....limited to under £750..... costs £39.00 to issue

2. sumary cause... limited to under £1500 ....costs £39.00 to issue .... £15.odd to be served by sheriffs officer which you must arrange court will give you a list of nearest ones. could be found liable for costs up to £750 if loose but highly unlikely against a lay person.

3. anything above these limits the court insist you must be represented by a solicitor.

[reidnet]

Isnt it about time we started to Shout at the Scottish Parliament about this ridiculous low level in the Small Claims limit in Scotland.

 

Might be worth seriously thinking about..any comments welcome..lol

 

Ian

[gemspan]

Completely agree Reidnet!!! £750 in this day and age is nothing. If the banks did start complaining about splitting claims being an abuse of the system this would give us a good starting point to try and get it dealt with in the Scottish Parliament.

 

To OP you could also think about sending in the larger one through the English system. You can then claim for amounts up to £5000. It would mean that you would have to use an address in England (perhaps a friend!) and you would have to travel to England should you need to attend court but that is very unlikely!!!!

 

Hope this helps

Gemspan

[reidnet]

You can claim through the English Court System without an address in England, as long as you post the Claim etc to the Court. I asked Wolverhampton about this and they say no problem. If you want to use MCOL then you will require an Address in England.

 

Ian