me vs city

[RNSM]

Firstly hello to you all.

 

I am also located in Scotland

 

I have sent off my dpa letter to citi. The 40 days expire tommorow. As yeti have recieved no statements but had to send off ID which i have now done. The reason they said they needed the id was so they could specifically sent me details of manual intervention on the account. I must admit that hearing all the stories initially put me off but as i read more and more the bully tacticts now just make me even more determined to fight.

 

Some questions

 

If the claim is above 750 should i still use the small claims route and split the amount so that should they win they can only claim £75 court costs or should i go down the summary cause route (no limiton to fees though that can be awarded).

 

Secondly what is the point of them taking these cases all the way to court anyway. Citi if you are reading this it must surely be costing you more to pay Brian (and then pay out) than it would to just pay out in the first place. Nice to know somebody is milking you though. Instead of the other way around.

 

Finally does anybody know if i get a hearing date but then cannot make that day in court is it possible to have the date moved.

 

Cheers all

[RNSM]

Having read a few threads is there any way that a breakdown of actual costs request could be incorporated in the LBA letter. Im sure this would look better with the courts when citi obviously fail to respond. Would this also not help in requesting full disclosure at the court stage?.

[texel]

If you are filing in Scotland then the costs both for small claims and summary clause is only £ 39.00 regardless of the amount being filed. The court charges are not charged until the papers are handed to the court and on section 4 you state " The pursuer claims from the defender the sum of xxxxx with interest at the rste of 8% annually from the date of service together with the expenses (this is where the court charges are added) of bringing this action" ALL in asll it is quite easy except CITI are not the easiest to deal with so you do not letn them off with anything. CITI if you are reading this pay attention how unpopular you are becoming.

[RNSM]

I was meaning damages that could be awarded. If they can?. This is a point where i am confused i.e. if citi won then could they not claim legal fees for solicitor etc. (if they can its max 75 for small claims, unlimited on summary cause). That is the only concern for me at the moment. Well that and trying to get disclosure.

[texel]

its still only £ 39.00 no more on summary or small claims in Scotland

[RNSM]

As a general rule, court expenses are awarded to the

person who succeeds in the case. These expenses

must then be paid by the unsuccessful party.

Expenses are normally calculated at the end of the

case by the sheriff clerk, who then has his calculation

approved by the sheriff.

Expenses which you may incur include:

• The cost of any solicitor, if you choose to employ one

• Loss of wages and travelling expenses for yourself

and any witnesses you may require to bring to court

• The cost of having any order made by the court

 

 

I understand the cost of bringing the action is £39. But are you saying that a claim for expenses for the above (costs) would also be limited to £39. (what solicitor could be had for £39 nowadays)

 

[duncan_disorderly]

Hi RNSM

 

I think texel is getting confused, as you say, between the cost of bringing a case (£39) and your potential liability to defendant's legal costs should you lose.

 

You are right in what you say as regards limited protection in small claims but could be liable to full legal expenses if you lose in summary cause.

[RNSM]

Oh okay thanks for clearing that up. Guess that bits a little scary.

[duncan_disorderly]

Is your account closed or clear, or do you owe more on your credit card than the amount of charges you are claiming?

[RNSM]

Account is clear and closed. I say its closed as i asked them to do it and dont get statements anymore but if i phone my account number brings up the account and shows about 6p in credit. It has been this way for about 6 months. They do confirm its closed though.

[duncan_disorderly]

RNSM - I have sent you a PM regarding this.

[texel]

Duncan disordly I apologise I was wrong I spoke to the sheriff court this am and the the charges for a summary case if you lose is generally £ 134.00 sorry for my error Hope I will be forgiven:o

[duncan_disorderly]

No problem

[texel]

thanks:D

[RNSM]

wow thats not as daunting as i thought i was expecting the opposition to claim

 

solicitors fees - name the price

Travelling costs - usually fixed rate

 

etc etc

 

Feel a lot better now cheers to you both