Reclaiming in Scotland

Edinburghlass_2

I've no idea what happens next but have a look on this website...

http://www.scotcourts.gov.uk/library/publications/index.asp?dir=library&grp=CivilCourts&open=CivilCourts#civil

and see if there is a FAQ and good luck for next week!

armitage_2

Really do hope that someone can help, we are just about to fill out the MCO, after sending the three letters to our local branch of HBOS, we have arranged to use an address in England due to the amount being over 2000, which is fine, but we are unsure if we should use the local branch address (which we had sent the other letters to) or use the head office address?. hope someone can help.. Many thanks

Edinburghlass_2

Use the Halifax registered address as it has to be in England for MCOL.

HALIFAX PLC
TRINITY ROAD
HALIFAX
WEST YORKSHIRE
HX1 2RG

armitage_2

Edinburghlass.... Once again thank you so very much for your speedy reply, you really are a very helpful person.. :j



I have just been talking to hubbie, even tho we sent the other three letters to our local branch in Scotland, would it be ok to use the Halifax address for the MCO? sorry for sounding crazy, but I just want to be sure before I go ahead.. Once again many thanks

donaldtramp

Thanks for all the help folks especially EdinburghLass:rotfl:

Received a letter and a cheque from the BoS this morning for nearly £1900!!:beer:

The standard letter said not worth our while going to court blah blah blah here is cheque for £1900.

Over the moon!!!

I have a question though I still have a small claim being heard next week for a couple of hundred quid. I take it if i don't cash this cheque for the summary cause win before I hear back from the court on the small claim, I have not accepted full and final payment? And therefore the small claim can progress?

I want ALL my cash back!!!!

Any thoughts?
DT

Edinburghlass_2

armitage wrote: »

Edinburghlass.... Once again thank you so very much for your speedy reply, you really are a very helpful person.. :j



I have just been talking to hubbie, even tho we sent the other three letters to our local branch in Scotland, would it be ok to use the Halifax address for the MCO? sorry for sounding crazy, but I just want to be sure before I go ahead.. Once again many thanks

Sorry I missed your edit here. Yes, apart from the fact you need to use an English address for MCOL its the bank you are suing not your branch. Although as Rex says in the Reclaim Help Thread there is some merit in suing your branch as if you need to send in the bailiffs to get your money it would then be your branch they would go to rather than the banks registered office which makes for a better story for the media

Edinburghlass_2

donaldtramp wrote: »

Thanks for all the help folks especially EdinburghLass:rotfl:

Received a letter and a cheque from the BoS this morning for nearly £1900!!:beer:

The standard letter said not worth our while going to court blah blah blah here is cheque for £1900.

Over the moon!!!

I have a question though I still have a small claim being heard next week for a couple of hundred quid. I take it if i don't cash this cheque for the summary cause win before I hear back from the court on the small claim, I have not accepted full and final payment? And therefore the small claim can progress?

I want ALL my cash back!!!!

Any thoughts?
DT

Well done you, I'm so pleased :j

Have they asked you to sign anything? If so then yes I'd file the letter and cheque at the bottom of the pile for a few days

donaldtramp

The letter says;

Dear Mr Tramp,

donadtramp -v- Bank of Scotland
Claim No XXXXX

I have received and have been dealing with the proceedings, which you have issued against Bank of Scotland in the Aberdeen Sheriff Court.

Your claim relates to bank charges debited to your account. These charges were debited to your current account in accordance with the account terms and conditions which you agreed to accept, and by which you are bound.

However, on a purely commercial basis, it will cost bank of Scotland money to defend your claim in terms of the legal expenses that will be incurred. it is unlikely that BoS will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

For this reason, but without admission of liability, BoS is willing to reimburse £1500.00 in respect of the bank charges incurred, together with £350 in respect of the approximate interest that BoS has calculated was charged on your account as a result of these charges. The BoS will also reimburse £39.00 in respect of the court fee. This amounts to £1889. A cheque for this amount is enclosed.

I will write to the court to let them know that your claim has been settled and would be greatful if you could do the same.

We are keen to help you avoid any unnecessary charges in the future by providing various ways to manage your account. blah blah blah

Ultimately it is your responsibility to manage your account. If you incur any future charges the BoS reserves the right to withdraw your banking facilities; full details of this are explained in the terms and conditions of the account.

Yours Sincerely

BoS


So they haven't asked me to sign anything.

And as for:

I'd file the letter and cheque at the bottom of the pile for a few days

It's going on the mantelpiece!!!:j :j

That is unless you think it's ok to cash it now! From reading the letter again it looks like it should be.

DT

Edinburghlass_2

donaldtramp wrote: »

It's going on the mantelpiece!!!:j :j

That is unless you think it's ok to cash it now! From reading the letter again it looks like it should be.

DT

If your branch is open today, I'd get down there now and then you can be back in time to watch the rugby :j

donaldtramp

I'm off now bank is open. Might even have a cheeky pint or 2!!!:beer:

Thanks again EdinburghLass. An absolute star!!!