Reclaiming in Scotland

wee_jeanie

Hi there, im new to this game so im hoping someone may have been through something similar and be able to offer some advice!
I asked for my a copy of all my statements from the HBOS in October and they finally came in March (!),after which i followed the steps from the web site and asked for my charges to be refuded. i got a letter from them saying they will deal with my request in 8 weeks but,from my past experiences i do not trust them AT ALL and have now threatened to take them to court.
my concern is that the charges im asking back total £3100.00 and the upper limit in the Scottish small claims courts is £750. i asked my friend (who successfully took the bank to court and they settled for the full ammount the day before he as due to go to court) and he said i should break it own into 4 claims of £750 and take them to court 4 times. i dont konw wether that would be the best thig ot do or whether to wait and see what the bank offers. I am aware that it is very unlikely that HBOS will stick to the 8 week deadline they promised and i feel ive been waiting so long for these charges i dont want it to be delayed for much longer. so basically if anyone knows what would be the best way to go ahead from here id be really grateful as im fed up with the whole process!!
any help you could offer will be really appreciated. thanks for taking the time to read this, my rant is now over!!!

dc240969

lve just sent a complaint to the FOS. As l havent yet received any bank charge list l dont know if lm over £1500, might not have any charges to claim back but l doubt it.

Hendrix_lennon

Just wondering if someone can clarify what the sisuation is with reclaiming charges in Scotland.
I heard yesterday that in this country you can only reclaim 5 years of charges.
Is this the case ?
Also - in Martin's third template letter the threat to the bank is that you're going to take them to the County Court.
Is this Sheriff or District court in Scotland ?
Thanks for any help.

PINKEY_2

Hi wee jeanie
I've just spoke to my local court in dumfries today and thery were very helpfull seemingly we can use a summary clause to claim back £1,500 at a time [my bank charges are in excess of £4,239.00 plus intrest] so girl at court advised me to go for summary clause through court in instalments she said quote once bank has paid 1st £1,500.00 they will not argue over the rest and will pay out unquote. Im going in tommorrow to start proceddings costs are £39 for court papers and roughly another £35 for a judge to serve them to the bank which we are entitled to claim back. My bank is HBOS and they have not been reponding in the time limits set also keep getting fob of letters from them saying i shouldnt have let my account slip in to debt ha ha . Dont give up phone your local court and ask for advice they are inundated with these type of calls and very helpful.
Good Luck
PINKEY

Hendrix_lennon

I'm still a bit confused about how we do things in scotland as well.
I sent of 6 years worth of charges - totalling £360 - to Lloyds TSB a few weeks ago and got the letter back saying that they're going to take 8 weeks blah blah blah.
My next step is to send them the letter threatning court action but apparently we can only claim for 5 years of charges.
Should i re-calculate my charges or just claim for the 6 ?

wee_jeanie

Pinkey-you are a god send!!!my bank are less than impartial and,like you, pretty much said its my fault my account got into this state!your advice is so helpful and exactly what i was looking for!thank you so so much!!
Best of luck with your claim and enjoy the money when you get it!!
wee jeanie

wee_jeanie

Hi Hendrix_lennon,
thanks for your reply, i think we are all in the same boat in Scotland coz the majority of advice on the web etc is for England and the Scottish banks are less than helpful on the reclaiming front!!you should read what Pinkey says, its v helpful. im unsire if i'l get 6 years worth back but thats what ive calculated and thats what im going to ask for so fingers crossed!!
good luck with yours!

Edinburghlass_2

Be very wary of splitting up cases with the Clydesdale bank as the Clydesdale will turn up to court with solicitors and a judge recently allowed the first claim but refused subsequent claims as "abuse of process"

However, read back through this thread for donaldtrump's success with HBOS in Scotland and other users' claims and experiences.

Read this website for options... http://www.govanlc.com/jurisdiction.htm

and you can always put your claim through the Financial Omubudsman if you don't want to take it through the court system.

Hendrix_lennon

I think what I'm going to do in my case is stick to the original figures I've claimed for.
I'll give them two weeks out of the eight that they want and then send the letter threatning court.

Does this seem like a reasonable action plan ?

By the way, Edinburghlass you must have the patience of a saint to answer all these queries and keep threads tidy.
You deserve a medal.

Edinburghlass_2

Yes I would always advise to start the claim with the 6 years and if it comes to having to go to court we can look at your claim again then.

I don't always have the patience of a saint, its just that you can't hear me muttering at the screen