Reclaiming in Scotland

Edinburghlass_2

cherrywaters wrote: »

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??

Still send off the letter threatening court action and then if you have no joy from that letter you can then take your case to the FO. You need to have been dealing with the bank for 6/8 weeks before they will take it on but you'll find a lot of Scottish users have had good success with the FO, please read Martin's update in his article regarding this.

Edinburghlass_2

dillanddodge wrote: »

<hr style="color: rgb(102, 0, 0);" size="1"><!-- / icon and title --><!-- message -->I sent my letter off today asking for charges/statements. Then found this thread. I now have a few questions!!!

1. Because I live in Scotland, doeas this mean I can only claim back 5 years charges, not 6?

2. The limit in the Scottish courts is £750(roughly I think) and my claim is likely to be more than that, how do I claim through the English Small Claims Court (Nationwide HO is in Swindon, although I am sure i don't need to say that!)

3. I didn't send my letter requesting statements RD. Would I be better to cancel cheque and resend RD?

4. I have VERY big overdraft on my Flexaccount - have NW stopped closing accounts where people have claimed? If they haven't I will be in trouble!

I really appreciate any advice anyone can give me. :heartsmil

Do your claim for 6 years, its only should it reach the court stage that you need worry about the 5 years and as your claim is likely to be more than the £750 limit for Scotland you will, at that stage, be better taking your case to the Financial Omubudsman. Please read the update in Martin's article regarding using the FO.

jimlouise

I am at the stage of taking bank to court but in scotland small claims are limited to £750 as my claim is considerably more. I need some advice

:beer:

Jim

irn-bru_5

*** UPDATE ***

HI guys, after what has seemed an age, I finally got a letter from LLoyds TSB. Unfortunately this is just the standard "these charges are legal and lawful" guff.

What is my next step??

Do I print out the "I am taking you to court" letter(I have NO intention of going to court as my charges are well above the £750 limit on scottish claims) or do I write another telling them I am going to the FO?

Thanks in advance for the further advice!

PS On a related note, My girlfriends grandmother just recieved a settlement from LLoyds. They wrote to her offering about half her claim, she phoned saying she wasn't willing to accept their offer and they then upped the offer to 90% of her claim over the phone(which she accepted) and has been told the funds will be in her account within 14 days(why the delay??). I will update when I hear of her actually recieving the money.

Edinburghlass_2

SEnd the court letter now but if your claim has been going 6/8 weeks you can at this stage pass it over to the FO.

boabitis

<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">HI I LIVE IN SCOTLAND THIS IS MY 1ST TIME ACTUALLY ON WRITING SOMETHING. I AM CLAIMING BACK 3 GRAND AND WAS LOOKING AT THE NEXT STAGE IN MARTINS STEP BY STEP GUIDE AFTER STEP 4 YOU GET IGNORED TO TAKE THEM TO COURT BUT THE MAX IS 750 QUID. SO WOT DO I DO ANYONE????
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Edinburghlass_2

You would still send out the letter threatening court but at the court stage you can then pass your claim over to the Financial Ombudsman for conclude for you owing to the amount you are claiming.

Have a read of Martin's article regarding using the FO and the posts in this thread, a lot of Scottish users have used the FO very successfully over the months.

A lot of course depends on which bank you are with, read the Reclaim Help Thread where you'll find links to all the main banks.

PINKEY_2

hiJust to try and keep us scots happy Ive tried for 6 months fighting with bank of scotland and finally used Financial Ombudsman and today recieved word that bos will pay me my money £5013.23 please dont give up i claimed 6yrs plus interest and they didn't argue with F O. please dont give upgood luck

rudolph_3

Hi can you tell me how long the FO took to get you an offer, just received a letter confirming they have received my paperwork
cheers Sam

Villeneurve

Hi i was wondering if anyone could advise me. I have already won a case through using the template letters when claiming my charges from the Royal Bank of Scotland at my local branch. That was for £1200 an they didn't seem to bat an eyelid. However my second attempt to reclaim on my student account in glasgow has left me without a reply. My student account the charges total £1599, now i haven't claimed interest either time. i have been into my local court to enquire about taking it further obviously I am above the small claims threshold. They have given me forms for a summary action which enables me to claim upto £1500, has anyone used a summary action, or would anyone advise me to proceed in a different manner,
any ideas would be fantastic
Andrew