Small Claim against HSBC in Scotland

Smoogles

I had recently, before the outcome of the case in England’s High Court, made a small claim against the HSBC for an amount of £2127 with interest regarding penalty charges for amounts exceeding the bank’s arbitrary credit limits.The defendant has not made an offer, and the case is due on the 5th January 2010 at the Orkney Sheriff’s Court in Kirkwall. The return date is the 29th December 2009.Following the outcome resulting from the OFT’s failure to protect consumers from usurious theft of monies from clients of banks (cynically called “interest charges”), please advise how I may proceed. The local Citizens Advice Bureau have been totally at loss as to how to advise, which had also resulted in my claim having been submitted at such a late stage.The local Sheriff’s Court has also ignored my correspondence regarding the viability of my proceeding with my claim.

Premier_2

What's the basis of your claim?

If it was based on the templates that MSE made available the case will probably be thrown out. You may want to consider the expenditure that you may incur in proceeding with such a claim to a hearing stage.

Otherwise plan for getting nothing and keep your fingers crossed.

This, and further advice available here:
http://www.moneysavingexpert.com/reclaim/bank-charges

Courts wont answer questions in advance over the viability of any claim filed; that's for the judge to decide

esmerellda

The OFT will be making an announcement on Tuesday morning as to their views on the continuance of the investigation into unfair charges - keep an eye on that and announcements which will, depending on what they decide, help you decide how to proceed.

natweststaffmember

Smoogles wrote: »

I had recently, before the outcome of the case in England’s High Court, made a small claim against the HSBC for an amount of £2127 with interest regarding penalty charges for amounts exceeding the bank’s arbitrary credit limits.The defendant has not made an offer, and the case is due on the 5th January 2010 at the Orkney Sheriff’s Court in Kirkwall. The return date is the 29th December 2009.Following the outcome resulting from the OFT’s failure to protect consumers from usurious theft of monies from clients of banks (cynically called “interest charges”), please advise how I may proceed. The local Citizens Advice Bureau have been totally at loss as to how to advise, which had also resulted in my claim having been submitted at such a late stage.The local Sheriff’s Court has also ignored my correspondence regarding the viability of my proceeding with my claim.

Can you post up excluding your details the particulars of claim. Not all POC's included UTCCR 1999 s.6.2(b) so there may not all be lost. Did you use UTCCR and penalty charges argument because you should still be fine on that point?