Reclaiming in Scotland

donaldtramp

Well I've spoken to the sherrif Clerk and she has advised me to wait till the return date to find out what the banks responses are. I can apparently drop the cases at any time if i wish. But best to wait and see what the banks response is first to my claims. Then I can make a decision whether to drop the small claim or not.

I'll post what happens on Friday when I call the court.

Cheers
DT

jimb5522

I am helping my son to claim £2,600 from above bank, as small claims in Scotland is £750 any help out there on which way to turn would be much appreciated.

mussgo

Hi posted yesterday on a long thread about reclaiming in Scotland but I didn't get any reply .....

Like you I am helping someone else, again like you the charges are around 2K. We thought that the summary cause and claim 1500 then small claims for the remaining part.

However I would like to read of feedback with regard to using the summary cause. i was told it was mainly for legals but lay people are doing it!

I dont want to go down the multiple small claims route as that can be seen as an abuse to the system ( was told this ) and I see that some courts are now stopping claims were the same person ithat s claiming against the same bank!

Please dont suggest an address in England (for us, anyway) this is just not feasable for the person concerned. It would be easier but we are Scots living and banking with Scottish banks in Scotland!

It seemed so easy at first..... :eek:

Sorry I cant offer any help, but as you can see you are not alone!

M

Gilos1179

I sent the first letter to the Bank of Scotland and I got a reply saying that they would take up to 4 weeks to reply, the 4 weeks were just about up (by 1 day) and they sent me another letter saying it would be another 4 weeks. I then sent them the letter threatening to take them to court, the 7 days is actually up today so I now need to go to the court and get a date sorted. Can you please help me as I'm not sure about what to do next.

The amount I am claiming for is £910, it says that a small claims court can only deal with an amount up to £750, what do I do???

Do I go down to the court and set a date?, is there a website I can complete the court form on? I need help!



Thanks

donaldtramp

Gilos

What you need is a Summary Cause. It's pretty much the same as a small claim except the limit goes up to £1500 that you can claim. You also need a sherrif officer to serve the court papers on the bank. It costs about £15 to do so. Don't worry this goes in as part of your claim for costs.

DT

machiner

Hi All,

I am in the same position as Gilos but I have just received my "it will be another 4 weeks" letter. So I guess that I should send the court letter now but I was wondering if anyone has had any success with the Bank of Scotland yet? I don't see any success stories?

Edinburghlass_2

Check out the HBOS aka Halifax Bank of Scotland thread as to how other users are progressing.

I haven't particularly noticed a trend the way I have noticed that the Royal Bank are paying out quite easily.

richkid316

I have written my third letter from Nationwdie and got my third response saying that they are not willing to refund my charges. I'm now at stage whereby i need to take thing to court. I live in Scotland and i'm claiming £5250 in charges.

Now i know the most i can claim through small claims in scotland in £750 so do i break down the total ammount into seperate charges of £750 or under and claim that way?

If this is the case can someone point me in the right direction as to where to start the process?

Thanks in advance,
Chris

nicky1312

hi all hope u r all getting plenty of money back lol
this is just an update to tell u all i took my court
summons in today and its all set for 10th of may.
didnt realise when i payed the court i then had to
take the papers to a sheriff officers and pay them
too was a bit shocked there, but not too worry thats
it all done now so hope i hear from bank of scotland
soon. good luck all.

mackers8923

I would think your probably right to split them down into blocks of £750 however when starting your claims I would split them by date.

ie.

Jan 06 to Jun 06 - £x
July 06 to Dec 06 - and so on....

Therefore your case is built around the fact you are claiming charges between a and b rather than a simple block of £750. It will also help to keep a track on what part each case is fighting...

I maybe wrong, hopefully an MSE will pick up on this thread and give you the expert answer you need.

Good Luck!!!