Reclaiming in Scotland

Edinburghlass_2

fiona2kids wrote: »

Can anyone advise? I live in Scotland, and am claiming from Northern Rock bank - they are an English based bank with branches in Scotland. Anyway, Martin's advice for Scottish courts is for small claims court - the amount I am claiming is well over the £750 limit for small claims court. The bank has written after my initial claim, refusing to pay, stating the charges were fair. What can I do now? The download letter is not appropriate. HELP!!

As above Fiona but continue with the letter threatening court, just use the template, before asking the FO to take over your claim at 6/8 weeks.

DH60

Does the £750 and 5 year limit only apply in court?
i.e. Can the FOS claim back 6 years charges?

timnjack

scoobydootmadooby wrote: »

seen this on a few threads if so it sounds as though it aint worth the hassle,the amount im due is over £5000 i know the scots have been gettin shafted for centuries but this just takes the biscuit!!

can anyone help

I am also in Scotland, claiming from BoS. My claim was for nearly 7 thousand and I just recently received an offer from them for the full amount including interest. As like yourself I could not go through small claims or summary clause I went through the Financial Ombudsman. Send your initial letters to the Bank to get your statements and work out what they owe you. Send in the letter claiming your charges back and give them 8 weeks to do this from the date of your first letter as the Financial Ombudsman will only take your claim on after you have been dealing with the Bank for 8 weeks as they feel this is a fair amount of time for them to deal with your case. The FOS will then take your claim on for you and it will cost you nothing but a few extra weeks for them to deal with it. Do not give up, go for it. You will get your money back. I Did. Just pop onto the FOS website and that will tell you everything you need to know. Hope this helps.

rhen

Sorry if i'm going over old ground, but can anyone advise if you can contact FO 6/8 weeks after sending request for statements or 6/8 weeks after asking for reclaim of charges?

Kurt_Hamster

rhen wrote: »

Sorry if i'm going over old ground, but can anyone advise if you can contact FO 6/8 weeks after sending request for statements or 6/8 weeks after asking for reclaim of charges?

8 weeks after making your complaint. Asking for your data isn't classed as being part of a complaint.

rhen

Kurt_Hamster wrote: »

8 weeks after making your complaint. Asking for your data isn't classed as being part of a complaint.

Thanx. Will get a move on with complaint then

fiona2kids

Edinburghlass wrote: »

As above Fiona but continue with the letter threatening court, just use the template, before asking the FO to take over your claim at 6/8 weeks.

Thanks. I have just looked at the FO website, and although I am within the 8 weeks, the letter I have from the bank states it is their final position, and this still entitles me to go through FO route. Think I might be best trying this first, and then threatening with court if unsuccessful? The FO won't look at a case that has court action pending.

Edinburghlass_2

Ignore what the bank say about the FO, send off the second letter saying that you are now taking them to court and they have fourteen days to respond. If they don't then contact the FO as "court action pending" is only when you actually start the court action which in fact you won't be doing, merely threatening, if you see what I mean.

fayemairi

Scottish small claims allows up to 750.00 but i am claiming 2800.00. Has anyone else been in this position and how did they handle it? I have just sent my second letter asking for a refund but have reduced the amount by 15%, therefore, I may have to go to court after all and desperately need advice on anyone in same position. Has anyone ever claimed more that 750.00 through a higher court than small claims??????? Thanks very much in advance xxx

Edinburghlass_2

You'll find all the information you need in this thread, with your total you would probably be better going through the FO, links above.