Reclaiming in Scotland

gizzajob

hi can anyone help me i am recovering my bank charges for the last 6 years they total over £1500 and have not received any response from the bank.in scotland small claims is limited to £750 why i don't know. can i take the bank to court twice say for the first 3 years charges so say june 2001 to june 2004 then take court action again for june 2004 to present day .please help i am confused as to what to do if this is legal or not
thankyou

Edinburghlass_2

Edinburghlass wrote: »

Have a read of this website...

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

and the Scottish Courts website...

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

and if you want to use the Financial Ombudsman rather than go to court...

http://www.financial-ombudsman.org.uk/faq/answers/bank-charges_a1.html

No longer advised to put in multiple claims but don't let that stop you threatening the bank with court in your second letter.

Charges can be added to your claim up until you start your claim at court.

Just merged a few threads together regarding claiming in Scotland so please have a look at the links above for assistance.

If you live in Scotland you can't use MCOL unless you have an address in Scotland that you can claim from as MCOL won't accept an address outside of England and Wales.

Newmoney, you would claim though MCOL as you live in England but make sure you use an English address for BofS, such as one in London, but you don't actually need to transfer your account before starting the claim.

Don't be put off starting your claim if you think the amount will be over £750/1500, just send off the first letters and wait and see what happens then if it comes to actually having to think about court action there is always the option of going through the FO.

Newmoney_2

Thank you Edinburghlass,

just to clarify, where do I send the letter to to request my money?

To any branch in London / England? Or to the headquaters in Halifax, Yorkshire?

And you think I should claim my whole amount in one go?

THANKS!!!!!

clearskies

Thank you Edinburghlass - I spent ages on the site last night looking for this info. Very informative and much appreciated!

Clearskies

gjmclean

As the maximum you can claim through the small claims court in scotland is £750, how do you go about claiming more than this amount, and is it worth the hassle? I am due around £1000, would I be better just putting a claim in for £750 through the small claims court?

katierose

Hi have bumped the scottish thread up for you to have a look at especially edinburghlass,s posts

Big_aki

Hi I need help, Im resident in Scotland, trying to claim 5 years charges from lloys tsb but so far they have ignored every letter i have sent them, sent 3rd letter requesting settlement or court action on March 8th.
Now had letter saying "we do hope you can see that we are making our charging system as fair as possible - and why we cant agree to cancel your charges".( I asked them to repay)

I have two bank accounts and i was trying to claim £2331.27 on one and 155.74 on the other I even offered them a settlement figure of £2000. The problem I now have is I know i will have to raise court action in the Sheriff court in Scotland however because of the sum of money i am not allowed to represent myself - has to be under £750 apparently so will need a solicitor!!

Can I get legal aid for bank charge reclaiming,if not ive had it before i begin will i be left paying banks and lawyers fees? . Should I just go with one of the companies that take a percentage of the settlement? I havent got a clue what to do know any help would be appreciated thank you

moonriver

Edinburghlass wrote: »

Just merged a few threads together regarding claiming in Scotland so please have a look at the links above for assistance.

If you live in Scotland you can't use MCOL unless you have an address in Scotland that you can claim from as MCOL won't accept an address outside of England and Wales.

Newmoney, you would claim though MCOL as you live in England but make sure you use an English address for BofS, such as one in London, but you don't actually need to transfer your account before starting the claim.

Don't be put off starting your claim if you think the amount will be over £750/1500, just send off the first letters and wait and see what happens then if it comes to actually having to think about court action there is always the option of going through the FO.

I have read over the advice given on these links and would like to know if anyone reading this has used the Financial Ombudsman route to get their charges back in Scotland? Has anyone succeeded in Scotland with a claim over £5500?
Thanks for any help.

LJMET

Hi

Sent letter to BOS 2 weeks ago re £1400 bank charges to reclaim.
Just received letter back from Bank of Scotland stating that complaint handling rules set by their regulator, the FSA gives them 8 weeks to investigate and respond. Should I just write back and say not happy about this and threaten court action, or just start proceedings with Summary Cause??
Any help much appreciated!

Edinburghlass_2

Big_aki wrote: »

I havent got a clue what to do know any help would be appreciated thank you

Have a look at the links given above as to alternatives you can use and check out the Financial Ombudsman website as well.