Sorry guys....

[Debt Girl]

Did a quick search, but nothing returned, maybe will take a few days, I will certainly look again.

It has a drop down menu for what type of case it was, I was tempted by several options...fraud, robbery, theft LOL !

Unfortunately I don't believe all cases are put on the database, as it says on the website:

 

Not all cases which come before the Sheriff Courts will be reported on this site. Only where there is a significant point of law or particular public interest will the details be published.

[fruitycar]

Quote:

Not all cases which come before the Sheriff Courts will be reported on this site. Only where there is a significant point of law or particular public interest will the details be published.

 

 

...but our cases are of 'particular public interest' don't you think ?

[sequenci]

Quote:

 

...but our cases are of 'particular public interest' don't you think ?

 

totally!!

[fruitycar]

lightbulb moment. I was wondering about the significance of the Judges question had I cashed the cheque, and I replied the monies were paid direct into my account. By paying straight into my account I realise the Bank could argue I had accepted the settlement. If it had been a cheque I would have had the option not to cash it if I disputed the amount.

What do you think? In future cases should we request payment by cheque?

[woolfie]

Hi and firstly congrats on your first result. I notice that your second action is for over £2000 are you sending your prelim letter for the full amount then splitting it down later if or when court action becomes necessary?

[marko2002]

lightbulb moment. I was wondering about the significance of the Judges question had I cashed the cheque, and I replied the monies were paid direct into my account. By paying straight into my account I realise the Bank could argue I had accepted the settlement. If it had been a cheque I would have had the option not to cash it if I disputed the amount.

What do you think? In future cases should we request payment by cheque?

 

fruitycar, the point I meant was that simply because they paid it straight into your account meant you couldn't accept or decline, basically if they want to put £xxx into your account you haven't accepted nothing (until you spend it I guess). If you havent spent it then as far as anyone could be concerned how could you possibly have accepted it???.

 

If, on the other hand, they had sent a cheque and you had deposited it to your account, this would be different!!.

 

Cheers

Marko

[woolfie]

I am not sure that even spending it would be an admision of accepting the offer. How could they prove that you knew the money was from them? I am sure I read somewhere on here that a judge rulled that you are not obliged to watch your statements so therefore presumably you wouldnt neccesarily know they had credited your account?

[fruitycar]

How could they prove that you knew the money was from them?

 

it just appears on my statement as 'cash'.

[woolfie]

Yeah but that assumes you check your statements which i dont think your are obliged to do?

[marko2002]

Guess it wouldn't be worth the risk trying to argue that point in court as they would probably think it "reasonable" you should know that £xxx appearing in your account isn't Santa come early!.

 

Swings and roundabouts on both sides of the coin I think, although the fact is if you have spent some or all of the money or just even withdrawn it, then they will be quick to note that and will no doubt take great pleasure in letting the judge know this if you did decide to go back and challenge them about the 8%.

 

The only way out of that I reckon could be to say that you were expecting a deposit from somewhere else and you thought that was it, though this could just open up another can of worms so to speak!.

 

End of the day fruitycar, I guess you have to decide whether you can take the court on in their decision which is a tall order to be honest, though if you can possibly quote other similar cases which have went to court and successfully won their case with 8% interest (although I don't know of many which have actually went to court!) then this may be enough to convince a judge to rule in favour of you - unless of course you get the same judge as last time :???:

 

Cheers

Marko

[Vital Spark]

Hi folks,

 

I'm confused. When a bank owes us over £750 are we doomed to lose out ebcause our small courts (in Scotland) don't allow us to pursue larger sums in such courts? Can we break teh claim down into separate claims for 1)returned DD charges; 2)unpaid SOs charges; 3)fines for goign over agreed overdraft etc? Sure it would take longer but can it be done to enable us to recoup all our losses?

 

I definitely want to reclaim such charges btu do we reclaim all such penalty charges or just the unfair part (over £12 as OFT has suggested that sum is fair)?

 

Having great difficulty here following instructions and finding my way around the forums.

 

Unfortunately, you're dealign with a dyslexic.

[Jamboray]

Hello vital, don't forget you have the option of doing a summary cause, upto £1500? What you have suggested would be okay, but would take longer.

[Vital Spark]

Oops! What exactly is a "summary cause"?

 

I understand that breakign the claims up would take longer unless they could maybe be "run" at the same time but surely it would be worth taking that time (having waited 6 years already it's all relative isn't it?) to get every penny back from the banks.

 

If the courts don't allow us the same redress as it does customers in England, maybe we can pursue the judicial system for racial discrimination. LOL!

 

Only kidding.

 

So what if the calculated charges owed add up to over £1,500, as they may well do, and we don't break it down into separate claims? Does the bank keep the difference?

[Giveitback]

you can break them down, and yes it does take longer.

 

Other options include bringing the case in England, as most of the banks HQs are actually there. This means though that if it goes to court you have to attend in England.

 

Summary cause is similar - I don;t know, but read this site and you will find it. In fact you'll find these have been covered many many times before.

 

Check out the FAQs, and the Scotland section.

 

http://www.consumeractiongroup.co.uk/forum/scotland/

 

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

Above all, read, and ye shall find the answers ye seek

[Vital Spark]

Thank you Giveitback, I will preuse the site you give at some point when my head is clearer. I wouldn't understand a word it said tonight. Need a good sleep first.

 

I'm exhausted. Had no more than a couple of broken hours sleep per night for last fthree weeks or so.

 

I think these matters are best attended to when the mind is clear.

 

Thanks to yourself, Caro, Mairi and Martin, I am feeling more confident and positive this evening. You really are truly good, generous people and I hope you all know that your help and time really is so much appreciated.

 

I'm sure I speak for many when I type in the above acknowledgement.