if anyone from glasgow can help?

[kaz]

Hi there, I have read through this forum and find it very helpful but also quite confusing the more im reading!!! I have wrote my prelim letter and heard nothing then my LBA and still heard nothing so time is up tomorrow. Its the bank ofscotland and the ammount being 1600 before interest. Ok firstly do i just go into the sherrif court and ask for the small claim forums? Also ive read i have to do it seperate claims but then another post saying different. If anyone from Glasgow or Scotland could assist me as i want to keep the timing right with all this and dont want to make a mistake. thanks in advance. Kaz

[eileen58]

Hi Kaz,

 

There are different ways that you can go about this. One way is the fos because your claim is over £1,500 which is the highest amount that you can claim under a summary clause.

You can do a summary clause for £1,500 and forget the £100. over the limit and that way you do not have to do multiple claims.

If you want to claim for the full amount you can go through the fos and claim for the full amount. You have to receive a definate no letter from the bank first before the fos will deal with your case.

I have had 2 claims against the bos and what I have found is that they will send you a letter saying that they want 8 weeks to reply to yourself.

Just before the 8 weeks are up they will then either give you a reduced offer or no offer at all. I personally think that to wait the 8 weeks is a waste of time.

Hope this helps.

 

Eileen.

[stevokenevo]

Hi Kaz, have a good through this and it should answer all your queries

 

http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html[url=http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html][/url]

[kaz]

Hi there, thanks for the replys, Ok i since i havent heard from the bank after the 2 letters so i cant go the FOS route. One of the accounts is 500 approx with interest and the other one is 1200 exlucing interest (not calculated that yet). Do you think i could do a small claims on the 500 one first n see how it goes? thanks in advance. Kaz

[rory32]

Ok i since i havent heard from the bank after the 2 letters so i cant go the FOS route.

Did you send them recorded delivery? The banks have 8 weeks to resolve your complaint if they still haven't given you a response you can then go down the FOS route.

 

Do you think i could do a small claims on the 500 one first n see how it goes?

Don't see why not as they're seperate accounts. Just make sure that the small claims claim is finished before you start the summaty cause (if you choose to go down this route).

[kaz]

Hi there, thanks for the reply. I posred the both recoreded delivery. I will speak to hubby n see what he thinks. Do i start the 8 weeks from the date the last letter was to have action or the first one thats sent?

 

Thanks

[rory32]

You start the 8 weeks from the first letter asking for your money back.

[roxie81]

hi kaz,

dont worry i was very confused at first too! im claiming in paisley, & like yourself was owed the same amount but i took off sum charges to take it to £1489 without interest and added the interest on court papers you can get the papers online off the scots court website & its summary cause summons form 1 & 1b fill them online & pop down to your court who will make sure there correctly filled before accepting them(trust me i no i had three visits b4 my papers went through)i am now sitting biting my nails waiting for my return date to call find out if the bank have defended! good luck

[Punjaban]

Have they defended? Need help, the bank have not defended to my claim but have not responded within the return date, what do i do now? Have i won ????

[eileen58]

Hi,

Have you been down to the court and inform them that the bank has not defended. What you do is after the return date you phone the court and ask them if the bank has defended, if they haven't as you say you then go to the court and they write something on the papers and basically you have won. (sorry i do not know what you write on the papers, I will know later as I am going down to the court to do this for my son). Make sure you do this because with my other son I got mixed up and did not go to the court until after the calling date and his claim was dismissed. This didn't matter as much as the bank had already put the money into his account. Have you checked your account yet to see if the money is there.

Hope this helps

 

Eileen

[Punjaban]

Hi, thanks for replying, yes i have contacted the court and they have advised that the banks have not been in touch, they told me to complete form 11 and lodge a minute, do you know how to complete it at all? and what charges i put on it? It may just be something simple but help! Thanks.

[eileen58]

Hi Punjaban,

 

Just go down to the court and they will help you, I am doing the exact same thing this afternoon at Glasgow Sheriff Court. They are very helpfull down there. Believe it or not it is very simple, that simple that I keep forgetting what to put.

 

Might see you there

 

Eileen

[maryhillgull]

Hi

 

Link to form 11 is here http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form11.doc

 

Just put in your case number, the banks name and under the column titled minute(s) just ask for you decree plus interest plus cost of bringing the action.

 

I attached another schedule of the charges showing the column with the 8% interest from date of charge to date of service. As well as the Sheriffs officer fee (only for summary cause).

 

If your not sure the clerk will tell you what to write when you go down to the court.

 

And yes you are nearly there but you have not quite won yet!. The bank is entitled to ask for a recall of decree (which I notice some of them have been doing lately) but this is only a delaying tactic. As they hope you will give up and not attend the re-scheduled prelim hearing.

 

All the best and well done!!!

[Punjaban]

Thank you guys very much, i will let you know once i get my cash ))

[eileen58]

Hi everybody,

 

Just to let you all know, the banks did not put in a defence against my son's c/c and he has now won. We are just waiting for the decree which should take about 2-3 weeks.

 

We also claimed compounded contractual interest at 19.9% so it just shows that it can be done.

 

Good luck to everyone else.

 

Eileen:D

[rory32]

Well done Eileen

 

CI is easier to claim on credit cards and I would always recommend people do this.

[Punjaban]

Hi eileen, well done, my bank did not put in defence so have i won then?

[eileen58]

Hi Punjaban,

 

Did you go down to the court and do your form 11. If so yes you have won. The bank can still do a recall but I think that is highly unlikely. I have never had a bank do this yet.

 

What happens now is that the court will send you out your decree and you then inform the bank that you have it and that you would like your money.

 

So good luck. Let us know when you get your decree.

 

Eileen. :D

[Punjaban]

Hello, i went on the 13th july to court and handed them my form 11, have not had any news.... does it take this long? Once i have received this, do i need to take this to sheriff officers again for them to put forward to bank? thanks.

[maryhillgull]

Hi punjaban

 

It takes two to three weeks from handing in your form 11 also don't forget there are postal strikes at the moment which are delaying things a bit. You say you handed your forms in on the 13th so if you have not had your papers back by Friday's post I would give the court a call on Monday and see if they are on there way.

 

Yes once you have your extract for payment you can take this to any Sheriffs Officer and get them to serve the bank, however it might be quicker to contact the bank tell them you have your extract and require payment within 7 days other wise you'll get the Sheriffs Officer to serve which will cost them even more money.

 

Cheers Iain

[Punjaban]

[Punjaban]

Hi, i have put my extract forward (decree) and it's been two weeks now - not herd anything - what to do now anyone know ? thanks

[Punjaban]

Hi, i served my papers however no response now over 2 weeks - what can i do now - my extract was dated the 24th july - wil i still get my refund?

[Punjaban]

Hi, i received my extract dated the 24th july and put it forward to the banks in august however now has been over two weeks and nothing received, what to do now? anyone know?

[maryhillgull]

Punjaban

 

I'm assuming that you wrote to the banks and told them you had you decree and extract for payment and asked them for your money. If they have not paid then you need to go to a Sheriffs Officer. (you can find them in the phone book) they will then formally serve the bank the charge for payment, the bank then has 14 days to pay up or request a recall. If they have still not paid up then you can go back to the Sheriffs office and get an attachment, but that really should not be needed.

 

I used Scott + Parker at 279 St Vincent St they were very helpful and on both occasions served the relative papers the next day. You just need to take your extract for payment and the fee which is about £25 (you get this back) to the Sheriffs office and they do the rest.

 

Don't worry you will get your money it took Lloyds over 3 weeks to pay up for me!