Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 4763 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Phone the sheriff clerk to check, but they may want you to serve it on the bank yourself. To do this, look up 'Sheriff Officers' in the phone book and get them to serve it for you. They will charge about £15. All you do is take the form b in to them and they'll do everything else (don't forget to include the statement of claim if it's on a seperate sheet). Alternatively, the sheriff clerk might tell yoiu just to serve it yourself by recorded delivery. This is very straight forward.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Share this post


Link to post
Share on other sites

thanks Robert, little bit of a wobble there ! I will phone first thing in the morning(obvious really). I have read through the small claim stuff at

http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp

and understood that the claim can only be served by a solicitor or a sherriff officer, thats what threw me when form 1b came back.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

oops, their mistake. Just spoke to very helpful (young) man at Sherrif's Court and they should have served the claim. He thinks it was not realised that I was an individual pursuer not a company. So its everything back in the post to them and they will sort it out.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

Just received letter from Halifax saying that they have acknowledged claim and intend to defend, but on commercial basis will cost more to defend claim so with without admission of liability they are willing to reimburse my charges plus court fee. Money is in account already.

However, no mention of the £200 odd pounds of interest on claim. I feel i should maybe pass this by as I still have a further 3 claims to make.

Comments?


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

...they have'nt refunded the interest. What do I do now?


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

I thought they owed you £1400? Presumably you r claim was for £750. How much have they refunded?


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Share this post


Link to post
Share on other sites

£740 plus £39 costs, but no mention of the 8% interest. Total owed is £2,910 although I think there might be another charge to add on.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

If you do accept their offer you need to be very careful to make sure you're doing it in respect of this particular action only. They may try to word it in such a way that you will be prevented from going back for the rest. If in doubt, PM me with the text of their offer letter and I'll get some opinions from the other moderators as well.

 

By the way, did you have any difficulty getting your statements out of them?


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Share this post


Link to post
Share on other sites

no problems getting statements, free of charge :-) I used DPA template in library, deliverd by hand to branch, asking for a complete list of transactions and charges, note not statements. What I received were photocopies of statements upto April 2004 and computer print outs from then upto present day, although I did have most bank statements.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

Ok, glad we moved to here - it means no more hijacking!

 

At what stage was this in your action - had you issued court proceedings?

 

How did they settle? i.e. a letter that states "not our fault but here's £XXX"

 

John


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Share this post


Link to post
Share on other sites

yes, claim had been served, letter states they were going to defend but on commercial basis of cost to them they are reimbursing charges and court fee, settling without admission of liability.

Monies have already been paid into my account, but as I say there is no mention of the 8% interest claimed (£209).


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

I would write to them saying that you accept this part-settlement but will not close the case till it has been paid in full, stating that the £209 interest is still outstanding.

 

 

 

Edit typo

  • Confused 1

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

Share this post


Link to post
Share on other sites

Agree with the above - there is no reason not to get the interest from that point in your claim.

  • Confused 1

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Share this post


Link to post
Share on other sites
I would write to them saying that you accept this part-settlement but will not close the case till it has been paid in full, stating that the £209 interest is still outstanding.

 

This is what I am going to do, I just want to be sure that I had filled in the claim forms correctly.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

I wrote to HBos thanking them for their part settlement but stated I would consider the claim settled once the outstanding interest was paid. Letter was sent 29th May. No reply yet, just phoned Sherriff court to confirm return date and hearing date, Bank have sent letter to them stating the claim is settled !

Wondering what to do now, do I send another letter to BoS, recorded delivery this time to make sure they get it? sit tight, do nothing and assume they have received my letter? Sherriff court said to phone back day after return date 15th June.

 

 

p.s. how do I get this thread merged with my original one (newbie...hand-holding) and get the title changed?


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

Probably the best thing to do right now is absolutely nothing. I presume you've told the clerk that as far as you're concerned the case is NOT settled? If so, then it should call as planned. If not, then you should do so, in writing. you don't need to go into the details of why it's not settled, just a nice brief statement will do. If the bank think it's settled then they won't bother to turn up, in which case you'll Minute for Decree (win by default).

 

Once the return date has come and gone, you could write to the bank and tell them that you've informed the court that the matter is not settled, and that the case is going to call as planned. Expect them to cough up the rest of the cash imediately at this point. If it's getting perilously close to the date of the hearing, PM me.;)


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Share this post


Link to post
Share on other sites

still nothing from HboS re- outstanding interest, they have told the sherriff's court that the claim is settled. I guess my concern is that they have not received my letter, considering faxing a copy through to them to make sure they have received it (should I have sent it recorded delivery?).

Return date is this Thursday 15th June, and calling date is 22nd June.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

Fruitycar, have you told the court that it's not settled? If not, you should do so imediately.


Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

Share this post


Link to post
Share on other sites

yes, have just spoken to them, letter is in post as we speak.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

Nothing from BoS, I have just spoken to Sheriff court and the case is calling on Thursday as planned. It will be up to the judge whether or not they pay this 8% interest. I think I need a buddy !

I will write to BoS tomorrow to let them now its going ahead.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

Letter in post, recorded delivery, to let the bank know the claim is not settled and is going to call in court this Thursday (22nd June).


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

another day passed, nothing in todays post, nothing put into the bank account, day in court is looming.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites

I am due in court tomorrow to claim the 8% statutary interest on my claim against the Bank of Scotland. The court clerks have advised me that it will be up to the judge whether I am entitled to this, the bank have told the court the claim is settled and have paid the charges and costs but not the interest.

 

I have not been able to find this specific Act, only examples of cases, can anyone help? I know its a straightforward "they had my money for all this time, during which I could have been using it/making interest on it" , but I would feel more comfortable with some legalise to back it up.

 

mods I have put this as a new thread rather than following on to my existing one to reach a wider audience, rather than just my bank forum.


Bank of Scotland round 1: £740 + costs settled, still sore over the 8% grrr

Bank of Scotland round 2: £629 +101.15 interest +£39 costs settled.

Share this post


Link to post
Share on other sites
Guest Alison82

Are you sure you have to go and get it in person? shouldn't it just be added onto your refund or is your bank just being difficult. Surley you are the only one who can end the claim and accept their settlement!

Share this post


Link to post
Share on other sites

did you apply for it on the original claim form?

Share this post


Link to post
Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 4763 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...