Reclaiming in Scotland

gav2000

Hey all. New to this claiming thingy. I am trying to claim 80 from my credit card and got back the usual "we are not paying" letter. Then I sent the second letter giving them 7 days, they have replied saying that they will give me a resolution or update in 2 weeks. I phoned them up and said that was not acceptable. They said they needed that time to talk to "agencies" (what agencies!!). I said the deadline still stands and if I don't hear back I will start court procedings. I did tell them I am trying to save them the court costs to try and help them move along.
My question is, the time limit is up on Thursday, should I start the proceedings or just wait the two weeks and then start? Cheers for the help.

Tallcmp

Hello All,

I've just sent off my letter asking for a refund and it's a pretty heft £5143. So I'm thinking about what to do next. Assuming I get a 'pat on the head and go away' letter, I'll send a letter before action. My question is: what action?

Me and the bank are in Scotland, so I think I'm stuck with the £1500 Summary Action limit. I don't want to file four separate claims one after the other as I've read a couple of things about the banks insisting that the first £1500 claim is final and/or petitioning the court about the pursuer abusing the small claims system.

So the next step up is an Ordinary Action, which really needs a solicitor, could incur hefty fees and carries the risk of losing and paying the bank's costs.

I read in The Independent today about the Financial Ombudsman Service and that the bank have paid up in every claim the FOS has intervened in. My understanding is that it will take longer and they don't have any enforcement powers - but it is free.

Does anyone have any experience of using the FOS to arbitrate/win a big claim?

Or does anyone have any advice about the 'no win no fee' solicitors that are springing up to deal with this? I'd consider sacrificing a 25% commission most of them seem to be asking for if it means getting £4K in one action with a solicitor to do all the complicated court stuff.

Thanks for any tips!!

wostok02

Hey GAV2000,
I had a similar claim and people told me not to bother about such a 'small' amount. But for some it is small for me it was out of principle and I took it as far as issuing a claim through Moneyclaim and here you go, 3 weeks into the process the bank sent me a letter including a cheque of the demanded amount plus court fees (£30) asking me to stop proceedings.

So hang on there and they will get back to you but stick to your deadlines!

edinguy43

i'm in the process of claiming around £3000 from the woolwich. Have just been looking around and discovered that, as the bank (barclays t/a the woolwich) is based in england ( head office for anyone needing it: 1 churchill place london e14 5hp) i am entitled to raise the action their!! p.s will keep u posted, their deadline expires tues next, and has been a pillar to post job so far. (ps. anyone with the woolwich/barclays after digging around, their local court is bow county court, 96 romford road, london, e15 4eg). Good luck all

edinguy43

mummyyummy wrote:

after reading through other posts, i am just wondering if i should claim initially for 5 years charges or 6? and should i claim for the thousands(prob apprx 2/3 but ive still to determine that) I am owed or just £750? Is it the case that they (halifax) may refund all my charges, or will they be clever and say they can only give me back £750? Or is the £750 just an amount that you can claim in court, i.s. can an out-of-court settlement in scotland be over £750? thankyou for your help.....aaah so confused but really want to do this as they have often made my families life so hard by taking all our money and leaving us overdrawn with nothing and still bills to pay, and we have 2 small children....one more question, halifax closed my account last year because so many charges, can I still claim??

First - are you dealing with the halifax or hbos ? the registered office address is on your letters / statements. If you are dealing with the halifax/ or head office is registered in england, i'd advise you using the english courts if you have access to an english address to have mail sent to, thus wiping out the £750 limit. (£5000 in england). Next claim the full amount with interest (theirs a good calculator on this site), no need to tell them anything at this stage. An out of court settlement has no relevance in law and can therefore be for any amount. Don't be put off by them or what seem to be confusing laws, it really is quite simple you just have to be determined and patient. Go for it and good luck, you can always pop back here for advice and moral support.:beer:

baileywoos

Need lots of advice and I'll try to keep this as uncomplicated as poss.

Up until about 4 years ago we had a business account (In England) with Lloyds TSB that we got into a real mess with and was charged astronomical amounts in charges for overdraft, letters etc. We've since moved to Scotland and are now paying of these charges (amounting to about £4,000 - although obviously not all this is charges). Are we able to make a claim for the charges in this instance? The debt we owe them has gone through a debt collection agency.
I have another personal account with Woolwich that I was getting charged alot of money for for bounced cheques (people to me), letters etc. I've not had any charges in a long while and although this account was started in England many years ago, I now live in Scotland, so is it 5 years I can go back or 6?
Next, We had 3 - 4 credit cards at one point that we stupidly got into debt with for thousands and which we're still now paying off, does it work the same for credit cards that are now being paid through debt collection or is it just banks?

Finally, What exactly do I claim for? Charges for unpaid direct debits? Or the overdraft fee they give you when they take bank charges out of your account even though the money isn't there and this action puts you into an unagreed overdraft? Letters for bounced cheques?

Any help really grateful.

Edinburghlass_2

baileywoos wrote:

Need lots of advice and I'll try to keep this as uncomplicated as poss.

Up until about 4 years ago we had a business account (In England) with Lloyds TSB that we got into a real mess with and was charged astronomical amounts in charges for overdraft, letters etc. We've since moved to Scotland and are now paying of these charges (amounting to about £4,000 - although obviously not all this is charges). Are we able to make a claim for the charges in this instance? The debt we owe them has gone through a debt collection agency.

You can make a claim but any monies claimed is likely to go to the DCA.
I have another personal account with Woolwich that I was getting charged alot of money for for bounced cheques (people to me), letters etc. I've not had any charges in a long while and although this account was started in England many years ago, I now live in Scotland, so is it 5 years I can go back or 6?

5 in Scotland, 6 in England
Next, We had 3 - 4 credit cards at one point that we stupidly got into debt with for thousands and which we're still now paying off, does it work the same for credit cards that are now being paid through debt collection or is it just banks?

Same as above, you can claim (late payment fees and/or over limit fees) but the DCA will take any monies claimed.

Finally, What exactly do I claim for? Charges for unpaid direct debits? Or the overdraft fee they give you when they take bank charges out of your account even though the money isn't there and this action puts you into an unagreed overdraft? Letters for bounced cheques?

Any help really grateful.

Check the Reclaim Help Thread, link in my signature, post 4 for what charges can and can't be claimed.

If you do have a claim to make check this site regarding claiming in Scotland.

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

baileywoos

Thanks for that reply.

With reference to the 5 or 6 year time limit, I'm still a tad confused.
I live in Scotland now but the banks were joined in England and the Lloyds one actually ended in England. Do I get the 6 year limit with this one or just the 5 year limit as I've since moved to Scotland?

Is this limit the time limit you have to claim or the furthest you can go back?

Thanks again

Edinburghlass_2

The 5 years for Scotland/6 years in Edinburgh is dependant on where you live when you take out court action, not where the bank lives Although if you read the above link about jurisdiction you'll find there are ways round this.

See Martin's article regarding the 6 year time limit.

brownowl_2

EdinburghLass,

Is there any exemption path or help available for court cost, for people on low incomes/ benefits?

Fiona