Reclaiming in Scotland

lmeehan67

Hi armitage, have a good read through the previous threads - there is loads of people in the same position. There are some options available to you.

Probably the easiest would be to split the claim up, maybe do a summary cause, where the limit is £1500 in scotland then do a small claim for remainder. Just split it up date wise to suit your claims. Do one first, then when thats finished do the next one.

or

You could use an English address of a close friend/relative and use the online MCOL court. Only letters from the court would be sent to this address, all corres from the bank etc would still go to your home address. Or if you didnt know anyone you could "hire" a PO box in england - for about £65 for 3 months.

Hopefully youll get a good offer before it gets to this stage !

Good Luck

armitage_2

Thank you so very much Imeehan, we would never of thought of using an address down in England, really is such a good idea and once again many thanks..

Also before I forget to ask the third letter we will be sending mentions we will be proceeding through the county court, would we use the same wording if we were to go ahead and use the online MCOL court, sorry for asking a silly question, but this really is all new to us both

Edinburghlass_2

Yes as you will be allocated a court near to you, should it come to that. The bank won't know at this stage that you are going to use Moneyclaim.

Initially the claim will start at Northampton which is the nearest court to MoneyClaim but it will then be transferred to the court nearest to whatever address you are using.

armitage_2

Edinburghlass many thanks for answering our question, you really have helped us, yesterday we spent most of the day trying to find answers (very stressful) then came across these forums, which has in fact turned it from being stressful to yes we can do this :j

GOKITTY

I Sent My Bank(ASB) A Letter To Reclaim My Charges But Was Advised Under Scottish Law I Can Only Claim Back Up To 5 Years.Is This True ?.many Thanks

Edinburghlass_2

This is true. Have a look at the links above to Govan Law Centre and other peoples posts regarding claiming in Scotland.

AngryHaggis_2

Hello all, im about to send my first letter to the Royal Bank Of Scotland, hoping to claim £2200 back from the last 6 years. However from reading through the guidelines ive discovered that the Scottish small claims courts only supports claims of up to £700. I was wondering what are my options here? Do I have to lodge through the main courts and risk paying legal fees, or is there a better way to get my money back form these shysters? :-)

Thanks in advance all!

armitage_2

Hiii Angry Haggis (Great name btw):j
We asked the same question, please see the top of this page, and have decided to use an address in England, for all court actions.. We are just about to send our third letter to HBOS for £2128.00.. We feel so much more confident after getting advice of this forum, we do not feel alone anymore in fighting, for what is legally ours, so fingers crossed...

daddy323

I am with Lloyds TSB in Scotland. There seem to be some minor differences on reclaiming in scotland, i.e. amount that can be reclaimed through sherriff court. Has anyone got a success story in Scotland or can anyone elaberate on the situation here. I would like to begin my claim but would like some advise first. They must be owe me thousands over the last 5 years.

\thanks

McGeek

Hi guys/girls.

I have though about going through and reclaiming the bankcharges my bank so generously has charged me over the past few years. However in Scotland I understand that a small claim can only be up to £500.

My fees come to a slightly higher figure at 1400 ex interest.
They are from three accounts however within the same bank.

- So first of all. Do I submit it all into one claim or can I split it in three claims?

- Should it be that the bank forces me into a court, is there a way around the small claims limit?

//Martin