Reclaiming in Scotland

Julesie_2

Would appreciate that will check thread now

many thanks

Julesie

Edinburghlass_2

Basically to use MCOL, the online system, you need to have an address in England and if you live in Scotland you file your claim at your local Sheriff Court.

You can claim up to £1500 using the Scottish court system and the limit on the bank charges is 5 years but always start your claim off by asking for 6 years working on the assumption that the bank may offer before you need to think about court.

If there is no offer and your claim is large you can pass your claim to the Financial Ombudsman to handle for you.

Taysider_2

For those living in Scotland follow the link to get the form to fill in.
https://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp

mrscliff104

brilliant Taysider thanks - I am hoping I dont have to go that far but you just never know
x

eben_3

I guess I'm just looking for some encouragment!!! I'be been in corrospondance with Barclayard for a few months now I'm due £525 including interest. They offered me £151 I wrote back and said I wanted £400 now they've written back and said no chance!! I guess I now have to go through the court process. Because I'm living in Scotland I'm slightly confused! My claim was back 6 years when I'm completing the court forms can I now only go back 5 years? Also its recommended to use moneyclaim, can you use that for Scottish claims as well? Do I have to pay initially for the court procceding and then I'll get them back? Its all getting a little scarry!! but I'm not going to give up. Some answers on these questions would be much appreciated.
Good luck everone!!!

Edinburghlass_2

Right, first of all as you live in Scotland you can't use MCOL but would have to claim via your local court and yes you can only go back 5 years. The cost of the court is only £39 and would be added to your claim.

If you have an address you could use in England, friends or family, you could then claim back the 6 years and use MCOL alternatively you can pass your claim to the Financial Ombudsman who will take it over for you.

Sheila_Chapman

Hi

I have got to the stage in my claim against A&L whereby they are refuting that they are due me any charges because they reckon I knew they charged when I opened my account. I am now at the stage of going to the court but as I live in Scotland how does this affect my claim if it is over £750. Can someone help me please?

Sheila

Retnuh_2

Hi,

I have charges totaling over £1000 (not including interest) for the past five years with the Royal Bank of Scotland.

Looking throught the guide I noticed that I could only claim up to £750 under the Scottish small claims court.

Does anyone know the best steps to take in this case?

Should/can I claim in two halves to make sure I keep under the £750 limit?

Any help would be great!

Thanks!

lswither

Hi there

well, first send out the letters as per martins site and if it gets to the stage whre you may go to court advise them that you will raise a summary cause action at your local sheriff court. Summary cause actions deal with claims over £750 and under £1500. If the amount is greater than £1500 you would raise an ordinary cause action. Hope this is useful.

Retnuh_2

Just the info i was looking for.

Thanks!