Reclaiming in Scotland

timnjack

singet75 wrote: »

Hi, im new to this forum so hello first of all and well done to you guys.

my question is, my charges against the TSB have amounted to over £2k and as im in Scotland and the small claims court here only supports claims up to £750 i was a tad confused as to my next move, ive reached step 4 in that i have re-sent the letter demanding the total charges + interest be re-paid or i will start court proceedings. im unsure as to what my next move is if i here nothing back like i did after the initial letter asking for the charges back.

any hep / advice?

Cheers

Hi there, I was in the same position, claiming thousands and hearing nothing back from the bank but delaying letters even after threatening court action so I put my case in the hands of the Financial Ombudsman Services. They have their own website that will give you all the information you need if you still hear nothing back from the Bank. Hope this helps some. http://www.financial-ombudsman.org.uk/faq/answers/bank-charges_a1.html

donaldtramp

Alright folks. It's been another good Saturday!! (It's always Saturdays when I receive my cheques)

I've just received a letter from my sheriff officers

http://www.stirlingpark.co.uk/
(In case you need them)

It states,

Dear Sirs,

Donaldtramp -v- Bank of Scotland

We refer to your instructions in connection with the above case and report that having proceeded to the premises of the Bank of Scotland at The Mound, Edinburgh on the 1st May 2007, we obtained £285 in full settlement.

In addition as the attachment was not executed our fee in this regard is reduced to £46 you have therefore overpaid by £38.

We enclose our cheque herewith for said amounts that total £323, together with a note of our receipted fee note for your attention and trust that you will find this satisfactory

Yours faithfully

Stirling Park

WOOHOO!! :j :j :j
That's me now over 2 grand back from the BoS! Didn't take that long and everything went fine. Stick to your guns guys and everything will be fine.

Just to show you guys that there are positive results and you will get there in the end. 4 months ago I was sitting in the same boat as you guys asking the first questions. Now I'm all settled up and I'd like to thank all the guys on here who helped me along:T :T :T

threejs

hi there can any one advise us re rbs we have read on the details re taking tocourts that in Scotland you can only claim back charges for 5 years and a max of £750, is there a way around this please.

donaldtramp

threejs,

Yes, there are ways round this.

You can either go Summary Cause (allowed to claim up to £1500 with interest on top of that)

Or you can go down the Financial Ombudsman route. It would seem that this is the recommended route for claims above 1500 in Scotland from what I've been picking up from the various forums.

All the Best
DT

From_Scotland

Ropey wrote: »

It should also be noted, for the Scottish based claimants, that a small claim may be made at a court in England if the bank has an office there. The choice is yours to make, not the bank's.

Certainly something to consider. You can also claim the full six years as opposed to only five in Scotland.

Read with interest your post.

I live in Scotland, and my RBOS branch is in Scotland. On Wednesday of this week (9th May) I issued a letter to their Edinburgh Customer Relations Department that I intended to initiate court proceedings giving them 14 days to respond - if they don't respond can I use the Money Claim online and use an English address for ROBS? - my claim is approx. £6k (including interest)

From_Scotland

timnjack wrote: »

Hi there, I am also in Scotland, Bank of Scotland and have just received an offer from them this morning for all charges and interest totalling £6,429.00. I too was unsure of how to go about the court proceedings as taking them to court for this amount may have been expensive to me so I did as was suggested to you by Edinburghlass and put my claim in the hands of the Financial Ombudsman Service. They took just over three weeks to get me a successful offer which was the first offer they made and was for the total I was claiming so you will definitely be in good hands if you go by that route.You can also print off the appropriate form for them to start this claim for you on their website. I doubted I would get anywhere near my total amount but I was successful so stick with it.

Thanks I will check their website to familiarise myself with the procedure - I have about 10 days before taking RBOS to court

Edinburghlass_2

From_Scotland wrote: »

Read with interest your post.

I live in Scotland, and my RBOS branch is in Scotland. On Wednesday of this week (9th May) I issued a letter to their Edinburgh Customer Relations Department that I intended to initiate court proceedings giving them 14 days to respond - if they don't respond can I use the Money Claim online and use an English address for ROBS? - my claim is approx. £6k (including interest)

To use MCOL you also need to have an address in England for yourself.

From_Scotland

Edinburghlass wrote: »

To use MCOL you also need to have an address in England for yourself.

Thanks, just checked out the FO website, this seems to be the best way forward for me !

ch3000

timnjack wrote: »

Hi there, I am also in Scotland, Bank of Scotland and have just received an offer from them this morning for all charges and interest totalling £6,429.00. I too was unsure of how to go about the court proceedings as taking them to court for this amount may have been expensive to me so I did as was suggested to you by Edinburghlass and put my claim in the hands of the Financial Ombudsman Service. They took just over three weeks to get me a successful offer which was the first offer they made and was for the total I was claiming so you will definitely be in good hands if you go by that route.You can also print off the appropriate form for them to start this claim for you on their website. I doubted I would get anywhere near my total amount but I was successful so stick with it.

Hi, i have just received a letter saying that the bank charges I wish to claim back are fair because I was aware of the conditions of charges when I entered into my contract with the Bank of Scotland. However I feel this is something that probably applies to most people. I still feel the charges are unfair and I have drafted a letter threatening to take BOS to court. Should I send this letter and if I have no joy after that should I then take my complaint to the FOS. Your advice would be appreciated

Edinburghlass_2

The FO will take your case on once you have been dealing with the bank for 6/8 weeks but to be honest in fact RBS are pretty good at coming up with a full offer if you give them time.