Reclaiming in Scotland

donaldtramp

Folks the Bank of Scotland has 7 days to reply to me before i lodge my court claim. I'm due £1680 (with statutory interest over 2K!).

I going to raise a summary cause for 1500 and a small claim for the rest.

My query is, I remember reading somewhere (can't find it now) that raising a summary cause is worse for the Bank because when I win, something is lodged against them that doesn't happen in a small claim.

Anyone out there know what this is? (Or indeed if I'm correct in my thinking!)

Cheers

DT

Edinburghlass_2

Have a read of this website...

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

funnywater

Hi there, I am having a similar problem in that my bank, The Royal Bank of Scotland, knows that it has charged me £157 in the last three months and yet had only offered £146 compensation. I am really disheartened by their offer and would like to take them to court. It does say however that the small claims court in Scotland only covers claims up to £750. I know that the bank have charged me well over this in the last 6 years. It is actually in the thousands.

What can I do? Should I try another route or is the small claims in Scotland the only option open to me? I cannot believe that I can only hope for £750 when THEY have broken the law!

Please help!

Edinburghlass_2

funnywater, I've moved your post into this thread as it relates to your query rather than the thread you posted on.

Have a read of the posts in this thread and look at the Govan Law Centre link above your post which is very informative for claiming in Scotland and NI.

Against a sum of £157 an offer of £146 is fairly reasonable but if you have more charges you would need to total up them all and then think about how you divide up your claims as this is a route you can take.

fairmorn308

How do i go about adding statutory interest to my claim?

I already got a spreedsheet for working out the 8%

Edinburghlass_2

Please read Martin's article regarding this...

While the calculator is based on ‘statutory interest’, some people do suggest trying to claim ‘contractual interest’, i.e. the interest rate the bank charges you for lending, which compounds the interest over time (see how interest rates work article) arguing that it applies as this agreement is reciprocal. It may be worth a shot but you’re more likely to be awarded the statutory amount, hence the calculator and template letters all assume you’re claiming this.

fairmorn308

Edinburghlass wrote:

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

thanks but am still not sure on exactly am wanting to put in as i only got till 2mo to put the court forms in before am away for 2 weeks.

any help would be gr8

donaldtramp

Well that's the 2 weeks passed that I gave the BoS to reply to my LBA. They have not responded.
I will be filing my claims in court next week.
My total charges amount to £1650. Plus over £400 interest at the statutory rate.
I'm looking for some friendly advice and assurance that I'm doing the right thing now

I am going to add up the first 1500 pounds worth of charges Then file that as a summary cause action and claim the interest on that 1500 pounds worth and stick that in at my local court.

The next £150 I will file separately as a small claim and add the interest for these charges at the statutory(court rate 8%) and file this at the same time.

Does this seem to be a sensible plan or should I split the summary cause further, into 2 £750 claims.
I can't really see why people would split further like this, looks better to me as one claim, is there any reason to split it into 750 lumps instead of 1500 lumps???

Cheers
DT

JohnR

I am in the process of re-claiming my charges from NatWest (just about to issue the LBA). For my main account the charges amount to £2454 with interest this rises to £3085.

At the moment we are living in England, but later this year will probably be moving to Scotland, where I understand the rules are different (maximum of £750 in small claims, for instance). What will happen to my claim when we move? I am reluctant to wait, as there are a large number of charges from 6 years ago, which I would be unable to reclaim if I waited until later this year, but I am unsure if my claim will fail if I move out of England.


Can anyone please advise? Thanks.

Edinburghlass_2

donaldtramp wrote:

I am going to add up the first 1500 pounds worth of charges Then file that as a summary cause action and claim the interest on that 1500 pounds worth and stick that in at my local court.

The next £150 I will file separately as a small claim and add the interest for these charges at the statutory(court rate 8%) and file this at the same time.

Does this seem to be a sensible plan or should I split the summary cause further, into 2 £750 claims.
I can't really see why people would split further like this, looks better to me as one claim, is there any reason to split it into 750 lumps instead of 1500 lumps???

Cheers
DT

Assuming you've read it all carefully and it works, carry on.