Reclaiming in Scotland

Edinburghlass_2

JohnR wrote:

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.

Obviously it depends on how later in the year that you move but this is likely to be finished in a couple of months. Worst comes to the worst and it ends up in the court and you are in Scotland you would need to go down to England to attend.

donaldtramp

Originally Posted by donaldtramp
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

Been thinking about this further and am drafting up my small claims and summary cause action.

My next question is;
When you take the forms into court they ask for copies of all correspondence I've had with the bank on the claim along with recorded delivery stubs.
Does it matter legally that I asked the bank initially for over £1600 in the preliminary demand letters along with interest and am now splitting it into 2 claims? I will attach copies of the original letters to both small claim and summary cause action, Does this matter?

Cheers DT
(not the best fun I've had on a Saturday night doing spreadsheets, but determined to do the banks over)

JohnR

Edinburghlass wrote:

Obviously it depends on how later in the year that you move but this is likely to be finished in a couple of months. Worst comes to the worst and it ends up in the court and you are in Scotland you would need to go down to England to attend.

Thanks, Edinburghlass, but I have heard of these proceedings taking several months, and we are probably going to be in Scotland before the summer. I don't mind travelling down if need be, but the small claims process seems to require an English address, now can I start it with an English address, and then tell the court my address has changed half way through? If I can, do I give them an "accomodation address" in England, or my new address in Scotland?

Edinburghlass_2

The sooner you get started the sooner it will be over

Use your current address as you are starting this now and if it goes on for a while you give the court your new address when you notify everyone else your change of address.

silvine_3

Had a look through this thread and others but....

Can anyone confirm the address to send the first letter to The Bank Of Scotland? I have seen 2, one in Halifax and one in Edinburgh? Does it matter?

Also, the account I am claiming on closed nearly 3 years ago, since then I have changed address, do I need to mention this anywhere on the initial letter?

Thanks!!

S

Edinburghlass_2

Thats because the Bank of Scotland is now HBOS aka Halifax Bank of Scotland. If you are in Scotland use the Edinburgh one.

Give them both your address.

EvilEdna_2

silvine wrote:

Had a look through this thread and others but....

Can anyone confirm the address to send the first letter to The Bank Of Scotland? I have seen 2, one in Halifax and one in Edinburgh? Does it matter?

Also, the account I am claiming on closed nearly 3 years ago, since then I have changed address, do I need to mention this anywhere on the initial letter?

Thanks!!

S

Is this the SAR requesting the list of charges? If so I would imagine for the bank's verification purposes you should state your previous address on the SAR. I believe Martin has advised for all letters to be sent to the branch who will forward it to the relevant department. I personally sent my correspondance to the Edinburgh office and used the Halifax address on my MCOL.

mety

I've just received my standard letter saying they are looking in to my complaint - only 2 days to go before I start court action. I've checked the next step in Martin's advice and it states

Use the Moneyclaim website in England and Wales (there's also the Northern Ireland Courts online) which can be used for starting most county court money claims,

I just wondered how I go about it in Scotland? Is there not an online process up here?

I'm just going to go ahead even though they've (Abbey) asked for four weeks to look in to it!

Edinburghlass_2

You need to read this website if you end up going to court in Scotland.

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

jakdunbar

Ive received my bank statements and sent a letter (and copies) claiming my charges and given them 14 days to respond.I have received a letter saying they will deal with my 'complaint' in 4weeks. Do I go ahead and take them to court? Can I claim £4000 in Scotland and how do I go about it?