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Reclaiming in Scotland

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  • can anyone advise me on the next step on reclaiming my bank charges iv'e written the final letter threatening court and gave them 14 days to reply but heard nothing from them 18 days on i live in sutherland scotland

    Your next step is to file your claim, either at your local county court or via MCOL, good luck

    Kez
    Member & fundraiser for Meningitis Research Foundation
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Depending on the amount of your claim you are probably better putting your case through the Financial Omubudsman rather than the court route because of the restriction on how much you can claim in Scotland.

    I'll pop your thread into the Reclaiming in Scotland thread where you can read of other user's experiences and please have a read of Martin's article regarding using the FO.
  • <TABLE id=HB_Mail_Container height="100%" cellSpacing=0 cellPadding=0 width="100%" border=0 UNSELECTABLE="on"><TBODY><TR height="100%" width="100%" UNSELECTABLE="on"><TD id=HB_Focus_Element vAlign=top width="100%" background="" height=250 UNSELECTABLE="off"></TD></TR><TR UNSELECTABLE="on" hb_tag="1"><TD style="FONT-SIZE: 1pt" height=1 UNSELECTABLE="on">
    </TD></TR></TBODY></TABLE>
    <TABLE id=HB_Mail_Container height="100%" cellSpacing=0 cellPadding=0 width="100%" border=0 UNSELECTABLE="on"><TBODY><TR height="100%" width="100%" UNSELECTABLE="on"><TD id=HB_Focus_Element vAlign=top width="100%" background="" height=250 UNSELECTABLE="off">I am trying to reclaim £2,427.89 in unfair bank charges from Clydesdale Bank plc and I have followed the process through to the Court Letter. However, I received a letter from their solicitors stating the usual Terms & Conditions guff and saying they would not accept liability but that they were willing to offer me £200.00 as a "goodwill gesture" - Ha!

    What is my next step? I live in Scotland so the maximum I can claim in the small claims court is £750 which isnt even half the amount I believe I am due.

    Should I seek legal advice and take them to the Sherrif Court or would I be better complaining through the Financial Ombudsman?

    Any advice would be gratefully appreciated.

    Cheers.
    Mellsbells :beer:

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    </TD></TR></TBODY></TABLE>
  • send them the letter before action of refusal of there goodwill payment. you can also go down the road of the financial ombudsan which is free. you can use a summary court papers were you can claim you full amount. I have these papers on pc if you would like them sent I also live in scotland
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    mellsbells wrote: »
    <TABLE id=HB_Mail_Container height="100%" cellSpacing=0 cellPadding=0 width="100%" border=0 UNSELECTABLE="on"><TBODY><TR height="100%" width="100%" UNSELECTABLE="on"><TD id=HB_Focus_Element vAlign=top width="100%" background="" height=250 UNSELECTABLE="off">I am trying to reclaim £2,427.89 in unfair bank charges from Clydesdale Bank plc and I have followed the process through to the Court Letter. However, I received a letter from their solicitors stating the usual Terms & Conditions guff and saying they would not accept liability but that they were willing to offer me £200.00 as a "goodwill gesture" - Ha!
    What is my next step? I live in Scotland so the maximum I can claim in the small claims court is £750 which isnt even half the amount I believe I am due.


    Should I seek legal advice and take them to the Sherrif Court or would I be better complaining through the Financial Ombudsman?


    Any advice would be gratefully appreciated.


    Cheers.

    Mellsbells :beer:
    </TD></TR><TR UNSELECTABLE="on" hb_tag="1"><TD style="FONT-SIZE: 1pt" height=1 UNSELECTABLE="on">

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    In Scotland, the Financial Ombudsman is an alternative. It is free of charge and handles everything for you. However, they cannot force the bank to pay up, set the level of the settlement or award interest like a court. Despite this, a formal investigation by them is something a bank will do almost anything to avoid, and their success rate is good.

    However, if the Financial Ombudsman is unsuccessful or the settlement is unacceptable, you can still start court proceedings.

    It obviously depends on the amount involved, but getting professional help, if possible on a "no win, no fee" basis, could be an investment.
    The acquisition of wealth is no longer the driving force in my life. :)
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    mellsbells wrote: »
    <table id="HB_Mail_Container" unselectable="on" border="0" cellpadding="0" cellspacing="0" height="100%" width="100%"><tbody><tr width="100%" unselectable="on" height="100%"><td id="HB_Focus_Element" unselectable="off" background="" height="250" valign="top" width="100%"></td></tr><tr unselectable="on" hb_tag="1"><td style="font-size: 1pt;" unselectable="on" height="1">
    </td></tr></tbody></table>
    <table id="HB_Mail_Container" unselectable="on" border="0" cellpadding="0" cellspacing="0" height="100%" width="100%"><tbody><tr width="100%" unselectable="on" height="100%"><td id="HB_Focus_Element" unselectable="off" background="" height="250" valign="top" width="100%">I am trying to reclaim £2,427.89 in unfair bank charges from Clydesdale Bank plc and I have followed the process through to the Court Letter. However, I received a letter from their solicitors stating the usual Terms & Conditions guff and saying they would not accept liability but that they were willing to offer me £200.00 as a "goodwill gesture" - Ha!

    What is my next step? I live in Scotland so the maximum I can claim in the small claims court is £750 which isnt even half the amount I believe I am due.

    Should I seek legal advice and take them to the Sherrif Court or would I be better complaining through the Financial Ombudsman?

    Any advice would be gratefully appreciated.

    Cheers.
    Mellsbells :beer:

    </td></tr><tr unselectable="on" hb_tag="1"><td style="font-size: 1pt;" unselectable="on" height="1">

    </td></tr></tbody></table>

    Have a read of the previous posts and Martin's article regarding using the FO, there have been many Scottish claimants using the FO with great success for some time.
  • marco1com
    marco1com Posts: 18 Forumite
    I've been waiting since 09/01/07, although I've had a reply from the bank they still haven't sent me my statements. They sent me a letter saying that they could not deal with it in the required time and they will do it as soon as possible and they also pointed out I was within my rights to contact the information commisioner if I wanted too, I did but as yet I've still not heard from the bank. What can I do now????:confused:
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Clydesdale? Camp on their doorstep somewhere until you get the statements/information you need.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Actually when I think about it, phone the Financial Omubudsman now and see what they say as you have been waiting so long.
  • Hi All Please help, I'm new to this. I am trying to reclaim £1500 (includes interest) from the Halifax in Scotland. I have read that I can't go through the small claims for this as the max you can claim is £750. Can anyone tell me where I go from here.. its seems that the message from others is GO FOR IT.. but does the same apply to Scotland??
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