Reclaiming in Scotland

MonkeySaving?

Have you sent your LBA? (Letter before action) If not then don't take them to court yet!! The general rule of thumb is to a) send a DPA request, then b) Ask for the charges back, then c) Write a letter before action notifying them that you will take them to court, then d) take them to court and win
I know the Scottish System is different as they only allow £1500 (i think) to be reclaimed via Small Claims. Maybe someone who has dealt with the Scottish claim system can help you out here

Edinburghlass_2

jakdunbar wrote:

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?

As the above post but read this website for help claiming in Scotland.

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

Scotsmoneysaver

Hi folks,

May I just say first of all that this site is fab and has given me all the help I've needed to get the ball rolling with my bank charges claim against Clydesdale bank.

I hate my first post to be on asking for help, but i'm now stuck! Anyway here's the story,

I already had bank statements so I skipped the first step and went straight to the next letter, which was ignored. Time's up so off went the next letter, giving them 7 days which ran out last Wed. They've replied today saying they're looking into it! Pah!

Now I'm determined to do the whole court thing, even though I'm scared witless! But...as the amount is over £900, I know (from this site) that in Scotland, this is over the small claims limit. So here's where I need help if you can.

1. Is it now a Summary Cause claim?
2. Which form do I use - there are loads
3. Where can I find help to fill it out - it all looks rather daunting!

I'd really appreciate ANY help you can give, as I don't wanna give them any more time!:rotfl:

P.s - For those of you not heard anything about success with Clydesdale - My friend got £2000 back from them after the 2nd Letter! (makes me even more determined.

Many Many thanks again.

Edinburghlass_2

Edinburghlass wrote:

As the above post but read this website for help claiming in Scotland.

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

Help to be found in this website.

Squeekyclean

Well here goes, It's been 11 days since i sent the LBA so I have given enough time for the bank to settle this.

I should have had the forms ready and put them in after the seven days were up but we were away for a while and thought I would leave it till we got back.

Anyone know how long you wait for a court date or do you get a date when you hand the forms in?

I would love to get to the court stage and have them call me to make an offer, just to be able to refuse and take it all the way.

I really can't wait for the day and don't feel nervous at all as I know what's going to happen, I'll WIN

Still got some problems to iron out with filling in the forms though, don't want to mess things up at this stage so if anyone has claimed around £5000 in the Scottish courts I would love to hear how they did it and what they put on the forms.

EvilEdna_2

Hmmm... I had to claim back £900 through the Summary Cause process but its upper limit is £1500. I had to use MCOL with an English address for my other claims

mety

I think I'm fairly intelligent however I am stuck with the forms on the govanlc site. It mentions the small claims summons and the statement of claim to be completed. Statement of claim is straight forward but the small claims summons is more confusing.

How do I find out which sheriff court it is?
Claim (form of decree or other order sought) - is that the amount???
Name and address of person against whom claim made (defender) - is that the address of my local branch???
Name and address of pursuers solicitor - eh, I don't have one?

Am I supposed to be filling in this form? Why can't we have an online claim system like England & Wales???

Help!

:mad:

EvilEdna_2

If it's the small claims court you want to be claiming through then it's form 1b you need to fill in. The sheriff court is your local sheriff court, there's a list of them on the website.
Claim: I had to put "summary cause" when I filled out a summary cause form, so I think you'd have to put "small claims"?
Put the address of the head office of the bank.
Leave the solicitor bit blank.
ETA: When I filed against A+L, I had to put in "the Bank has a branch in this area which puts it under the jurisdiction of this court". That's what the Sheriff told me

NotoriousLor

Hi,

I have just recived my second letter from the Nationwide refusing again to pay back the charges I have on my account. Just to let everyone know where I stand I have not been in employment for the past 2 years due to stopping work to look after my terminally ill father. Over these 2 years even though the bank knew of my situation I have been charged over £2000. I have sent them 2 letters now asking for them to pay these charges back and have been turned down twice. I also sent an complaint e-mail last night due to yet another £240 worth of charges added to my account yesterday which means my mortgage went unpaid again, I also still have over £1000 to pay towards a funeral and my electricity bill is overdue about £450. This bank is robbing me dry and I am now getting really worried about losing everything because of these rediculous bank charges. I have just started working again on Monday so at least I will have some money coming in again. But my main question is what can I do now, I am aware about going down the court route but am worried about having to pay for this and losing as I really can't afford any outgoings at the moment at all, as I live in Scotland I can only claim £750 at a time but have now idea how to go about this or where to start to make a claim?
I have already posted over on CAG but never got any response.
Sorry for the huge rant but any help would be great.
Stuart

Edinburghlass_2

You need to have a read of this website about claiming in Scotland...

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

and of course read Martin's article and start with the template letters there.

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip