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Reclaiming in Scotland

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  • dc240969
    dc240969 Posts: 70 Forumite
    Hi all , my first post on this forum. l originally sent my Subject Access request on 22/2/07 and the 40 days have expired. l did send a reminder about 7 days ago. On both occasions l received no reply. As of now, 40 days, l have not received any statements that l requested, 5years. l read that l should complain to the Information Commissioner, which l have looked into. l would really like to know what l should do if l still have no reply from HBOS.
  • cloth_ears wrote: »
    The £750 limit in scotland - is it inclusive of interest and court costs?

    I phoned Hamilton court and was advised that the maximum they can deal with is £1500. Anymore and you need a solicitor, which I think could become quite costly!!

    I just got off the phone to the ombudsman and the girl I spoke to was very helpful. She has sent a letter to the bank backing up my request for charges to be refunded, however she did say that the bank have8 weeks to respond regardless of the 14 day timescale I gave them. She did also say that I can still claim back 6 years which brings my total to £7500. and the banks are coughing up!!:T

    I am still looking into the court process though, Best to keep every avenue open!!!
  • With the maximum you can claim in Scotland being £750, I am due about £1000. Is it worth trying to claim it all back (If so, how do I go about it?) or should i just claim the £750 through the small claims?
  • Newmoney_2
    Newmoney_2 Posts: 24 Forumite
    Hi there,

    you seem to be the expert here and I am very confused and hoped you or someone else can just reconfirm to me that I will be fine claiming in England when:

    1) My BoS branch is still in Edinburgh
    2) but I have in England for the last 10 years

    I also think about changing my branch quickly to a London one before starting with my claims? Would that make a difference?

    also, I hear that you have to go through your local court, which clearly would be an English one in my case.

    It's just that I will have claims most like ly over £5000.00 and one can only claim 3 times the maximum of £750.00 in scotland.

    Looking forward to hearing from any of you!

    Thanks
  • eejut
    eejut Posts: 6 Forumite
    Hi,

    I'm about to actually start the legal part of proceddings, after writing them 3 letters that have gone unanswerd.

    I'm originally from the midlands, moved to Scotland six months ago. So, while i live in glasgow, my barclays account holding branch is in west bromwich, andi was in england six and a half of the seven years ive had the account.

    My question then, is do i claim it on the english money claim website i've seen mentioned on here, or do i need to go through a seperate route because i'm now based in Scotland?

    Thanks
  • clearskies
    clearskies Posts: 20 Forumite
    Hi everyone, I'm sure this point will have been raised before but I can't find the thread covering this. :confused:

    My problem is the bank charges that the Royal Bank of Scotland has charged over the last five years is well over £1500. But as far as I can make out the upper limit for the small claims court in Scotland is £750 -is this correct and if so, what should I do if I have to threaten court action? (which I have no doubt I will) - would be grateful for any advice on this.

    Thanks, and good luck to everyone currently claiming! ;)

    Clearskies
    The person who says it can't be done is likely to be interrupted by the person doing it :D
    DFW Nerd 480
    Proud to be dealing with my debts
  • hi ilive in scotland and i am in the process of taking my bank to court and the small claims in scotland are a maximum of £750 when my charges are over £1500!!! can i reclaim some charges for the first 3 years then start court proceedings for the next 3 years or are you allowed just one claim:confused::confused::confused:
  • gimfunk
    gimfunk Posts: 38 Forumite
    Ring up the courts and ask them.
  • PaulW922
    PaulW922 Posts: 1,039 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As your account is domiciled in England that is where you should issue your claim. Go via the bulk centre initially (Northampton) at moneyclaim.gov.uk
  • chuckles1066
    chuckles1066 Posts: 2,670 Forumite
    PaulW922 wrote: »
    As your account is domiciled in England that is where you should issue your claim. Go via the bulk centre initially (Northampton) at moneyclaim.gov.uk

    Yep, that's right.

    I imagine the terms and conditions of your account will state somewhere that English law governs it's usage etc etc.

    Northampton is where you need to be :D
    You'll always miss 100% of the shots you don't take - Wayne Gretzky

    Any advice that you receive from me is worth exactly what you paid for it. Not a penny more or a penny less.
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