Reclaiming in Scotland

mrcall1969

stinashoez wrote:

I'm sorry to be a pain but i'm still confused can any one tell me what the max claim is in scotland
Some people tell me they have claimed back over £2000 but now i read on the web site the max claim under scots law is £750
I dont have any friends or relatives in England I reckon I must be due around £1000-£1500 but dont know what to expect
Also can the bank close all your accounts with them or just the one you are claiming from as i have 3 accounts with the Bank of Scotland Thanks to all for your help

Im sure someone will correct me if I'm wrong, but I don't think there's any limit on claims as such, just a different procedure needed for varying levels of claim.

£750 is the limit for a small claim, which is cheap to file and has little risk should you lose. A Summary Cause has a limit of £1500 and is similar to a Small Claim. You can file both of these without using a Solicitor.

For claims of more than £1500 you can use an Ordinary Cause action. You need a Solicitor to represent you, and obviously the expenses are greater should you lose.

Of course the chances of you losing are slim but it is something that you would need to remember.

I don't know about closing your accounts. From what I've read they could close the account that you are claiming back on, but I think the Banks have been warned against doing this by the regulators.

fairmorn308

how long does it take from filing a claim to the bank paying up. whats the average time scale in scotland?

fairmorn308

I live in scotland and i have a address of a friend in england he is allowing me to use. would i beable to use MCOL due to the fact am away alot and unlucky unable to file a claim thru the scottish courts due to this.

I have already registered with MCOL with my scottish address and there is no problems and it only askes for a english or welsh address for the service address only.

do you ppl think i will beable to continue to make a claim?

lmeehan67

fairmorn308, people living in scotland have used MCOL with friends English addresses before and not had any problems. From what I have read, the Bank will still use your Scottish address and the court will use the English one.

fairmorn308

I need to make 2 claims and not sure which procress will be better for myself.

what do you guys recommend?

djalex

Firstly hello all..... my first post here on the forum

Im kinda goin of at a tangent here but.... my bank is pursuing me with some excessive bank charges regarding my savings account. The intial bank charge (£39!) put me overdrawn where i incurred another charge(£28!) ... you can see where this is going... Over a period of just 2 months its up to £108, they are really dragging me over the coals. Now its decided i must pay by 31st Jan, my question is do i pay and try and claim back....or hold out and take my chances in the samll claims courts?

please advise

Kind Regsrds

Alex

fairmorn308

hey guys

i have got 2 sets of court papers infront of me and i need a bit of help filling them out.

I need somone to copy and paste a paragraph worded correctly for section 7 on FORM ONE.

If someone could do this it would be gr8 as would like to get the cased filed before the weekend.

Edinburghlass_2

djalex wrote:

Firstly hello all..... my first post here on the forum

Im kinda goin of at a tangent here but.... my bank is pursuing me with some excessive bank charges regarding my savings account. The intial bank charge (£39!) put me overdrawn where i incurred another charge(£28!) ... you can see where this is going... Over a period of just 2 months its up to £108, they are really dragging me over the coals. Now its decided i must pay by 31st Jan, my question is do i pay and try and claim back....or hold out and take my chances in the samll claims courts?

please advise

Kind Regsrds

Alex

Try phoning the bank first and say that if they don't stop the charges before the end of the month you will take action, if they won't well then you need to start with the first letter asked for a refund.

Edinburghlass_2

fairmorn308 wrote:

hey guys

i have got 2 sets of court papers infront of me and i need a bit of help filling them out.

I need somone to copy and paste a paragraph worded correctly for section 7 on FORM ONE.

If someone could do this it would be gr8 as would like to get the cased filed before the weekend.

http://www.govanlc.com/jurisdiction.htm

russetred

I'm at the same point as Fairmorn308 and I went to the link above and got to the statement of charges but despite saving Ican't get the doc to let me put my name and details in the blue high lightd bits.I'm crap at the techie stuff, idiot proof instructions required please.