Help! Ltsb Defending Claim! (scotland)

[stevokenevo]

Hi, just picked up on this thread.

From what i can see your hubby has done this all wrong, who ever advised him has also got it all wrong.

If i make this out right, your hubby has made 3 different claims against LTSB on the one account, at the one time? have i got that right?

If this is the case someone has not read the step-by-step instructions, or the rules of engagement or any of the advice found in the FAQ's.

 

If someone decides to make multiple claims (like i did), it is important to wait till the first is settled in full before issuing the next court claim. The reason being, the bank can ask the court to take the 3 claims into consideration, basically roll them into one and bang you have a Ordinary Cause Action on your hands. The reasons the bank can do this is to save the costs of defending the multiple claims individually, and the can also persaude the court they will also being saving the costs of hearing the claims.

 

If the bank were to take the action above your hubby would be left in a position were he would require a lawyer, as only a lawyer can bring a O.C action before the court. This wouldn't seem so bad if you could find a friendly lawyer, but, the consequences of losing an O.C action are great, and should you lose, you would be liable to pay costs and expenses which could be hefty.

 

From my experience with LTSB, on both occasions they paid the full amount of my claim into my bank account 2 days before the date of the prelim hearing. I would suggest your hubby checks his bank account regularly for any deposits.

 

If the money does not appear or you dont receive a letter of offer from the bank before the hearing, if it was me, i would turn up at court never the less, but i would be fully prepared to ditch the case should things show signs of turning belly up.

Remember this IS just prelim hearing, and nothing will be decided for or against you.

The 'evidence' you should take is basically a breakdown of the info from your statement of claim. if you have used Scotias template, make notes from it i.e you believe the charges are a penalty and as such they are unenforceable blah blah.

 

I hope this has a positive ending, and i will be following with interest

 

Good luck

 

S

[stevokenevo]

OK, If the £1500 is before interest, from what i can see then the worst the judge could do would be to lump them into a summary cause.

 

If it was me, i would just sit tight and play it by ear, i am confident you will have a positive outcome, (eventually ;-)

 

Just keep an eye on the bank balance in the meantime

 

S

[stevokenevo]

Thats what i would do anyway ;-)

[stevokenevo]

The AQ or Allocation Questionaire, is a product of the english court system. We dont use that up here, so that is one less thing for you to worry about ;-)

[stevokenevo]

Yes, not to worry

[stevokenevo]

To answer your Q.s read this ~~~> http://www.scotcourts.gov.uk/sheriff/small_claims/forms/going_to_court.pdf

 

This is straight from court website and should tell you all you need to know.

 

I understand your hubby has mish mashed his way through this so far, but if you are going to issue a court claim, you should always expect to have to appear, even if it is VERY rare. I have only heard of a handful of cases, and generally, it is only because the banks are so busy they have allowed certain cases to slip through the net and not be dealt with properly.

 

As i have said before, keep checking the bank balance, stranger things have happened. And it might be worth phoning the bank or there solicitors and reminding them that they have a court date for tomorrow, in case they have genuinely missed this one.

 

Remember, it is a prelim hearing for a small claim, you are not liable for anything and worst case scenario is you lose your court fee, i wouldnt consider throwing the towel in just yet ;-)

 

Incidently, which court is it again??

 

I shall see if i can get a mod to give you some encouragement

[stevokenevo]

My fingers are X'd for yooz anyway ;-)

 

 

some of things i say might seem harsh, but it is to help other members who may be reading, we all learn from each others mistakes

[stevokenevo]

No probs, it can be nerve racking, but LTSB are notorious for leaving things till the last moment, but congratulations none the less ;-)

 

S

[stevokenevo]

Thats what it is supposed to mean, what i did was just fired my next claim straight into the court without hesitation.

 

A while back when more people were making multiple claims, they would send the letter back with the points they didnt like scored out and initial'd.

 

Janet-M took them to task and insisted on the settlement being without condition, dont know if it made any difference to her in the end, just the principle i think.

[stevokenevo]

The settlement date is the date they pay your claim.

 

Some banks like the yorkshire and clydesdale banks have been defending second claims on the same account, on the basis that you should have claimed all your charges in a one'r.

 

LTSB have not jumped on this band wagon yet, so, taking into consideration all the things you have been through so far, i would suggest if you have more charges to reclaim, you get the claim in asap.

 

I know you had two claims in at the one time and the first has been settled, when is the second due??

[stevokenevo]

Thats great news, they settled bot your claims at once, i didnt realise that!!

 

Yes get your next claim in ASAP.

 

dont worry about any more LBAs or anything, they have had enough time, and seeing as they are still charging you means they have not learned a lesson.

 

To be honest, i wouldnt bother with a letter RE the conditions, unless the letter says you have an amount of time to respond i.e if we dont hear from you in 8 weeks we will take it you have accepted the conditions blah blah

 

And finally, dont worry, they cant take your money back again ;-)

[stevokenevo]

I would fire the claim in for the full amount, you will be handing in a schedule of charges with the claim anyway, which details the amount and the date they took the charge so that will be fine