Reclaiming in Scotland

smilesimon

Hi, Thanks edinburghlass, I have read the article and it says to follow up with a phone call and then report to Information Commissioner. What I wasn't sure about was who I should phone! The link that gave me the address for the first letter was just an address and did not supply a phone number. Should I just phone up my local branch?

Edinburghlass_2

Ah right so its your statements/information you don't have yet? Give your branch a call tomorrow and see what they say and ask if they have a department set up to deal with reclaims that you could get a number for. Also have look in the Lloyds thread.

donaldtramp

Folks just been reading up on another forum (Consumeractiongroup) about a tactic the banks are now using to defend against multiple claims.

See here:

http://www.consumeractiongroup.co.uk/forum/scotland/19737-george-mcm-clydesdale-bank-6.html

The Clydesdale bank have successfully defended a court case against multiple claims. The argument they presented was that using multiple claims on the same account was an abuse of process. i.e. all charges should have been claimed at the same time.
The judge came down in favour of the bank with costs awarded against the man in the street.

Just thought i'd make you all aware of it as I am one of these claim splitters with my return date on Thursday this week. Obviously I'm a bit concerned.
I have 1 summary cause claim for 1500 and 1 small claim for £130ish going through. The return date is Thursday this week for both of them.

Is there any way i can drop the small claim before it gets heard? I would hate the bank to pay out on this case for £130ish and then use this decision to defend the Summary cause action by claiming abuse of process. I don't really want to wait till Friday that they have used this tactic meaning I will lose out on my main claim(£1500)

Any thoughts or opinions out there??? Thought I'd better pass this info on as all the banks will probably use this tactic soon. They now have a court judgement to back them up after all.

Thoughts?
DT

Edinburghlass_2

I've had a quick read and have to go out at the moment but I'll come back to this later.

donaldtramp

Cheers EL.

donaldtramp

I've been reading up more on this claim splitting. The unfortunate georgemcn guy on the CAG forum was going to file case after case. He won the first case and Clydesdale bank claimed abuse of process on the second which was a summary cause action.

Now my case is different. I have a Summary cause action and a small claim with the same return date.

I have been reading up on the Scottish Courts website and you can withdraw your action at any time during the process. The worst senario for me would be that the bank was to pay the small claim(£130ish before costs and interest) and fight the Summary cause and claim abuse of process. Not sure if this is possible for the bank(my circumstances are different from georges)

I think the smart thing for me to do would be to drop the small claim and take the couple of hundred hit(my small claim) in order to get a definate win in my summary cause.(about 2 grand including interest and court fees)

I'm now unsure of what to do. My return date is on Thursday(4 days away). Should I wait to see what the banks response is or go ahead and cancel the small claim?
It's certainly not boring now!!

Thoughts, opinions, anyone been through this???

Thanks
DT

Edinburghlass_2

I only read from the point you linked to on rather than how he got to court, I'll go back and read it all when I have time.

Who are you claiming from as a matter of interest, is it Clydesdale as well?

Certainly worth phoning the court and asking them the latest time you could cancel the one case. Do you think there is a chance of your bank offering before Thursday or do you expect to be in court?

mussgo

It all seems so easy at first ...... then you find out that by living in Scotland dealing with a Scottish bank, it aint that simple!!

a you can claim only 5 years
b you can only claim 750 in small claims ( I read that some courts are now stopping multiple small claims)
c you cant use the online moneyclaim

I am helping a family member (I offered when it seemed so very easy:D ), as the amounts total just over 2k for the five years we thought summary cause followed by small claims. I have heaps of info in the small claims but next to nothing on the summary cause. I was told initially that this was not really for the lay person, more for your legals. However folk are obviously using it so would like any info of the process and how it works.

donaldtramp

I'm claiming against Bank of Scotland.

I will phone the court tomorrow and ask. As for the bank offering before the return date, I doubt it. They are still sending me letters saying that they will contact me within 8 weeks to "deal with my complaint" . They have never called me once during all this time. So I doubt it.

My question is that I don't know if the bank can pay out on the return date of court on 1 case and fight the other. The return date is just to find out how the bank is going to respond to the case. I have to phone Friday to find the Banks response to my claim. My ideal scenario would be no response from the banks to both cases and to win by default. Thing is I don't know if I'm taking a huge 2 grand gamble to win £200 extra. I don't know enough about the court process.

Edinburghlass_2

I do know that Rex_Mundi has done a few cases for friends and has always done it through the courts rather than Money Claim and says the court people are always very helpful so all I can say is phone them and I hope they can help, and don't watch Deal or No Deal until its all over:)