Reclaiming in Scotland

Gentle_Knight

I am in England but I have a student loan from an organization in Glasgow. Moneyclaim online requires only addresses (both of them) in England or Wales. How would I go about claiming from this institution that has no English presence. I assume that charges can be claimed from any financial institution not just banks.

TIA

wilkster5

Hi there,

I'm trying to get back over £1300 from the bank of Scotland and have followed all the right steps. They're still not paying and now I am taking them to court. Thing is, a Scottish small claims court only deals with claims up to £750. How do I get my £1300 back or are us Jocks losing out here due to our courts and will I only get £750 back.

Thanks in advance

SusQ

I have just started the process of claiming back my bank charges. My bank have advised that in Scotland you can only claim back 5 years charges and not 6. Does anyone know if this is correct?

Edinburghlass_2

Edinburghlass wrote: »

You can't use the online system in Scotland but have a good read of all the posts in this thread and check out the links such as this one...

http://www.govanlc.com/jurisdiction.htm

This is correct, have a look at the above link though for help.

sarahmoon_2

Hi all, I was looking for some advice. I have reclaimed Bank charges back twice now (on two separate accounts) successfully after using the Small Claims Court process (Scotland). One one of the accounts I split the claim as the limit for small claims in Scotland is £750. After Court action the Bank paid up just before christmas. I started the whole process again, i.e. first letter, letter before action for the second half of the charges off that account. I have now received a letter from the Bank stating that they will not refund any further charges as the last payment was in full and final settlement. I have looked out the letter I received with the settlement cheque and it doesnt state anywhere that it was full and final settlement, nor have I signed anything accepting this as full and final settlement. I am now at a loss as to what to do. I understand that some claims that have been split are being thrown out of Court as abuse of the Court process. I don't know whether to risk taking it to Court or whether to contact the Financial Ombudsman. I cannot afford to lose the £39.00 fee. Our tax credits have been stopped and OH is currently out of work so its a big risk for us. Any advice anyone??

esmerellda

Hi Sarah

I think the current advice over on CAG is to go through the FOS for any second and subsequent claims with the same bank in scotland to negate the risk of being struck out for abuse of process.

I would write back to the bank and say you did not accept in full and final on your account, only of that specific claim and detail the ACTUAL wording which you signed to them...tell them you intend taking it to the FOS, giving them 14 days to respond.

sarahmoon_2

Thanks, I've typed up a letter similar to what you've said and will be phoning the FSO tomorrow for advice.

Mongoosier

Hi there,

I'm claiming back £3,500 from Halifax. I've read through all the posts and it seems that if I use my parents address in England I can use the English court system to claim it back.

Is that right? If so, I'm just about to send my "you have 14 days to pay or I'll take you to court letter" - which court should I refer to in that? The one nearest the address I'm using?

Finally, would I have to send all correspondence to the bank from that address and have them reply to me there? Or can I just use that address at the end if I go to court?


Thanks for all the help,

M

esmerellda

yes thats right and will save you a load of hassle. use the address for your correspondance but note in the letter that its your correspondance address at the moment not your account address.

HariboJunkie

I am still waiting to hear from FOS who I e mailed last week.
I want to send off my second letter today to CB and LLoyds (who didn't respond to the first letter)
Can I just make sure that it is ok to threaten court action when I am actually going to claim through FOS? Or should I make this known in this letter. It's just that there is a small chance they might make me an offer when they receive my letter.
Also .... The CB account is a closed business account. Is there a different letter I need to send for this.

Thanks

Haribo