Reclaiming in Scotland

Dusary

mussgo wrote:

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.

If banks (HBOS / Clydesdale) are claiming that multiple claims are an abuse of the system - should we not be writing to our MSPs pointing out the anomaly between Scots' Law and English Law? This is all the more obvious now - since HBOS is a merger of an English Bank and a Scottish one and it would appear that the address for HBOS dissatisfied customers to write to is:

HBOS PLC
PO BOX 548
Leeds
LS1 2AP

Such being the case (and if I remember my geography aright:eek: ) Leeds being in England - then maybe we stand a better chance!!!!

I wonder what The Court of Human Rights would say about this anomaly as well - after all, we have just *celebrated* (sic) the anniversary of The Union of Scotland & England!!!!!:rotfl:

mussgo

Dusary wrote:

If banks (HBOS / Clydesdale) are claiming that multiple claims are an abuse of the system - should we not be writing to our MSPs pointing out the anomaly between Scots' Law and English Law? This is all the more obvious now - since HBOS is a merger of an English Bank and a Scottish one and it would appear that the address for HBOS dissatisfied customers to write to is:

HBOS PLC
PO BOX 548
Leeds
LS1 2AP

Such being the case (and if I remember my geography aright:eek: ) Leeds being in England - then maybe we stand a better chance!!!!

I wonder what The Court of Human Rights would say about this anomaly as well - after all, we have just *celebrated* (sic) the anniversary of The Union of Scotland & England!!!!!:rotfl:

I wrote to my MP a couple of months ago about the ..... perhaps we all should.

Go on,everyone, write to your MP .... you can do it online, I seem to recall I googled my MPs name and up came the chance to contact him! If by doing something en masse gets things moving then so be it!!


He raised the question with the the whoever it is at the Scottish Exec and there are plans sometime in future to update this. Not soon enough though!!

The bank in question here is RBOS, so its as Scottish as it could be!

donaldtramp

Richkid,

Watch what you are doing. I'm sure all the banks will be well aware that some banks are now using "abuse of process" to get out of paying multiple claims. I think the way forward is to try to claim it in one lump. I would hate for anyone else to get caught out by the banks playing the legal process like this.

£5250 is a substantial amount of money! Surely it would be worth at least consulting a lawyer on such an amount. You can get free first meetings with lawyers and then their fees will be picked up by the bank if you win the case. I wouldn't go for a no win no fee lawyer.

Can you imagine if you put in multiple claims, got the first £750 back then the bank sent lawyers to defend any further cases and cried "abuse of process" and you got nothing else?

Just my thoughts, I certainly don't want to to anyone off claiming. But I don't want to see anyone else losing out to this ploy by the banks.

For further reading on this have a look at the link I posted earlier on in this thread about a guy on the CAG forums who was caught out by the banks.

There must be a way round this surely? Anyone got any ideas?

Hope you all get your cash back!
DT

DX

Hi all
I'm at the first stage, still to request details of my charges from Bank of Scotland and Halifax. From what I hear I better get a move on.
I have lived all my life in Glasgow but have family in Cardiff. I expect the charges to be in the thousands rather than hundreds so I have a choice to make. I've read conflicting advice on this forum but the possible problem with multiple claims sways me towards using the Welsh address.
Is this definitely possible and, as I would be requesting details for the last six years rather than five, would I be safer having the information sent to Cardiff rather than my home address?

donaldtramp

Just to let everyone know HBOS have not used this abuse of process lark yet. As far as I have read it has only been Clydesdale that has used this. I was just bringing this to your attention.
Better having all the facts eh? I'm sorry it has made some folk worry. Don't worry the underlying fact is THESE CHARGES ARE ILLEGAL! They have still been taken illegally. Just a case of getting the court process applied properly to make sure the banks can't weasel out of repaying them.

It might be easier to apply in England if it is possible for you. Depends on each individual case I suppose.

DT

nicky1312

Just To Let Anyone Know That Are Chasing Banks In Scotland I Went To The Local Sheriff Court And I Was Able To Claim Up To £1500 You Must Ask For A Summary Cause Form And It Costs £39.
Hope This Helps Anyone

alan_lindsay

hi i too am just at the first stage of having written to Lloyds TSB asking for my charges although I have now found I can search using my internet banking.
Is there a definitive answer for the best approach to a claim that will be more than £750 in Scotland?
Should I split it into multiple claims?
Should I do this through the English sytem?

DX

Hi. I'm a Taxi Driver and was telling one of my passengers about my plans for reclaiming bank charges. Turned out that he was a lawyer. He knew nothing about reclaiming bank charges but made an interesting point.

He said that if it was possible to split a large claim up into multiples of £750 then everyone would do it to avoid possible court costs in the eventuality of losing the case. Without claiming to know what the definite ruling would be, his opinion was that it could easily be regarded as an abuse of the system. To be honest, I could see his point.

I've noticed that some people have decided that travelling down to England wouldn't be worth it but surely anyone claiming a few thousand could travel down in style (taxi, maybe?), stay overnight and still be in profit?

nicky1312

as i explained i have took bank of scotland to court
my charges are £1444. so i was informed not to go
for a small claims as u can only get up to £750 in
scotland u must go to your local court and ask for a
summary cause which lets u get up to £1500 back
this still only cost me £39.and then they give u the
forms to take along too a sheriff officer and u just pay
them so much mines was £31.but u can claim that back
from the bank too

nicky fae scotland

donaldtramp

Well folks

Just phoned the court today. (return date was yesterday) No response from BoS to both my summary cause and small claim.

I'll get my decree against them in about a week and a half. The court hearing is next Friday.

Thanks to this site!!!:beer: :beer: :beer:

When I get my decree I take it I have too write to them on 2 occasions then send in the sheriff officers? I hope they don't settle up straight away.

I would love to send the bailiffs in!!! Unfortunately I think they might pay up now.

What happens next??

DT