Reclaiming in Scotland

sarahmoon_2

esmerellda wrote: »

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.

HI esme, I never signed a thing!! I served a small claims and they paid up, simple as that. And there was nothing in their letter to say full and final settlement, or that further charges would stand. I'm taking your advice and writing the Bank a letter, see if I get a reply (which I doubt). They gave me some rubbish last week about dealing with the Bank charge queries in strict date order. This is bu***hit. My friend wrote her first letter last week and they have settled already, same Bank!! I waited 8 weeks for a standard reply!

esmerellda

Okay which bank is it again.... some banks are using the fact you didnt return the payment as acceptance which is why the rejecting an offer letters have been amended over on CAG. Have a look if you get chance you might get some hints to help with your letter.

Stick to your timetables won't you - none of this 8 week malarky

mah_jong

SusQ wrote: »

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?

This is true

sarahmoon_2

esmerellda wrote: »

Okay which bank is it again.... some banks are using the fact you didnt return the payment as acceptance which is why the rejecting an offer letters have been amended over on CAG. Have a look if you get chance you might get some hints to help with your letter.

Stick to your timetables won't you - none of this 8 week malarky

The Bank is Haliprats, and the more I read about them the more I realise just how badly they have treated some people. I'm registered on CAG aswell so will have a look at their template letters.

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??

sarahmoon wrote: »

The Bank is Haliprats, and the more I read about them the more I realise just how badly they have treated some people. I'm registered on CAG aswell so will have a look at their template letters.

I phoned the Bank and pointed out that their letter with the first settlement did NOT state that payment was in full and final settlement. He looked it up on his records and agreed, he has passed it onto his team leader and they are looking into it again. Am I likely to get an offer now?? I did explain that I was writing to the ombudsman.

RONNIEJ_3

hi
i wondered if anyone can help i have recently requested bank charges reclaimed from the Halifax bank of 263pounds plus interest. They have offered me 117pounds as a good will gesture. I feel that this isnt enough as i am also reclaiming 885pounds plus interest on another account with them and awaiting to hear about that and if i take their offer of 117 for the one account then they will offer little for the second. I am unsure on what my next steps are to refuse the offer and what to do next. Will i only be able to claim up to 750 in scottish small claims.

regards ronniej

esmerellda

Of course it isnt enough, keep going until they refund you the full amount....

Yes scottish small claims is limited to £750 - you can try and get round this by either using a english address to claim from - or ask for a refund via the Financial Ombudsman Service.

mum_of_two_6

This Might Be A Stupid Question But I Am Going To Take The Bank To Court But I Dont Know How.? Do You Phone The Court Of Choice Or Do You Go In And Do They Give You The Forms To Fill In Or What. Also My Claim Will Be For £813 Before Interest I Know The Limit Is £750 On Small Claims But I Want To Know Whats The Difference Between A Small Claims And A Summary Cause Which Is Up To 1500 Pounds

Edinburghlass_2

Go in and ask at your local court, you'll find them very helpful and just ask any questions you might have.

Remember if you are going through the court system in Scotland you can only claim back for 5 years. Have a look at this website for help.

http://www.govanlc.com/chargescourtaction_scotland.html

mum_of_two_6

I HAVE JUST WENT TO http://www.govanlc.com/chargescourtaction_scotland.html
BUT IT DOESNT TELL YOU THE DIFFERENCE BETWEEN THE TWO OF THEM,
IT ONLY SAYS ABOUT SMALL CLAIMS.
I KNOW THE LIMIT IS FIVE YEARS I AM ONLY CLAIMING THAT BUT ITS JUST THE ACTUAL DOING THE COURT THING THATS WORRING ME? I JUST DONT WANT TO MUCK IT UP.