LLoyds Claim over 6 yrs in Scottish courts - Please help

[jules78]

HI,

 

I have recently sent away the 1st letter asking lloyds for my charges bachk which were plaaced on my student account between 1997 and 2001. Charges amt to £831 interest £575.88, total £1406, 88.

 

I sent away letter 1 then I sent away the LBA on the 22 MAy. I have not received any response from Lloyds. I went down to my local court (in Glasgow) to submit a summary cause. I was advised tha they could not accept his as the shetiff was not acceptng any cases over 5 year old. I was surprised and said that I thought that Lloyds had to defend. They advised that this was not the case.

 

Cant beleive that I have done ll the work to get to this stage then just been told that it was not possible to even submit the claim.

 

Can anyone advise me what I should do here.

 

Thansk so much.

[kennythecelt]

Hi

sorry but can't answer this myself as not been this far. Hopefully someone will be along shortly.

 

Don't worry!!

 

 

Bump

[Guest res judicata]

what so the sheriff clerk has decided that you can't challange the prescriptions and limitations act 1973 ?? er nope not on.

 

get on the phone to the Scottish courts offices in Edinburgh.......they should sort it out

[kennythecelt]

How is this issue now, any update??

[stevokenevo]

what so the sheriff clerk has decided that you can't challange the prescriptions and limitations act 1973 ?? er nope not on.

 

get on the phone to the Scottish courts offices in Edinburgh.......they should sort it out

 

It would appear that the OP has not challenged any acts, and has simply attempted to reclaim the charges for the said years in the normal manner.

 

Under these circumstances the clerk had every right to turn the claim away.

[jules78]

Who is the OP?

[RES_JUDICATA]

It would appear that the OP has not challenged any acts, and has simply attempted to reclaim the charges for the said years in the normal manner.

 

Under these circumstances the clerk had every right to turn the claim away.

 

 

?? and how do you make that out like ?? if they supply a statement of claim going over the 5 years then quite obviously they are challenging the Prescriptions and limitations (Scotland) act 1973. You do realize that you can hold back your reasons until prelim hearing for limitations claims !! then the sheriff decides if it is a valid challenge to the act. again it is not up to the Sheriff clerk, contact court services in Edinburgh.

[stevokenevo]

You do realize that you can hold back your reasons until prelim hearing for limitations claims

 

Its not a limitations claim, the OP was not challenging the limitations act.

 

The fact there is a statute of limitations gives the clerk every right to knock back a standard claim that is outwith the time scale.

 

if the judge's are presented with cases which are time barred then the clerk wouldn't be doing there job.

[stevokenevo]

Who is the OP?

 

Sorry jules, you are the OP (original poster)

[RES_JUDICATA]

Its not a limitations claim, the OP was not challenging the limitations act.

 

The fact there is a statute of limitations gives the clerk every right to knock back a standard claim that is outwith the time scale.

 

if the judge's are presented with cases which are time barred then the clerk wouldn't be doing there job.

 

not a limitations claim ??? well sorry but

I have recently sent away the 1st letter asking lloyds for my charges bachk which were plaaced on my student account between 1997 and 2001. Charges amt to £831 interest £575.88, total £1406, 88.

is most certainly outwith the limitations and is entirely out with the limitations therefore this should still have been allowed...........simply because your claim is out of time with the act of '73 you are still allowed to proceed (this is up to the defense to highlight and use) also it is certainly not up to the sheriff clerk what is allowed or not. If there is a valid legal argument irrespective of the time claimed then it should be allowed as they do not have sod all to do with that side of it. All they should do is check the forms are correctly completed and pass them on to the sheriff, give you a return date and send out the documents to the relevant parties or yourself in summary cause route.

[Robertxc]

I would tend to agree with Res Judicata. Certainly every sheriff clerk I've ever encountered has only really been i nterested in whether or not the forms are correctly filled in. In fact, if asked they will go to some lengths to insist that they cannot help with your case itself, and that their job is to ensure that the procedures are correct. Having said that, for a while at Edinburgh Sheriff court the clerks were instructed to knock back second claims, so it seems that they do to some extent work at the direction of the sheriffs. My guess is that the Prescription & Limitation (Scotland) Act is going to get destruction tested by bank charges claimants anyway over the next year or so, so I guess we'll understand the full picture sooner or later.

[stevokenevo]

Ok thanks for having a look at it Robert, its appreciated!

[RES_JUDICATA]

get on the phone to the Scottish courts offices in Edinburgh.......they should sort it out