Reclaiming in Scotland

Rex_Mundi

Martin lays out the steps in his article. If you get no reply to the two letters to your bank. Issue a court claim. If your amount is over that allowed in court. Split your claims into different dates so that each amount is under the court limit (i.e. claim 2001-2003.... £698, 2004-2006.....£704 ). Work out which dates fit the limits best for you.

Stuart56

Rex_Mundi wrote:

Martin lays out the steps in his article. If you get no reply to the two letters to your bank. Issue a court claim. If your amount is over that allowed in court. Split your claims into different dates so that each amount is under the court limit (i.e. claim 2001-2003.... £698, 2004-2006.....£704 )

So its a case of going to court asking for a court summons, think its £39 last i checked (6 months ago) submitting it and leaving it to the court and bank to get back to me?

Rex_Mundi

Stuart56 wrote:

So its a case of going to court asking for a court summons, think its £39 last i checked (6 months ago) submitting it and leaving it to the court and bank to get back to me?

Exactly. The cost is £39 currently.

Clare11

My daughter was a student at a scottish university and I know she had lots of problems with the bank on being overdrawn and so was hit by many penalty charges.
Thankfully she now has a good job and has no financial problems and has just recently left the Bank of Scotland!.
I am almost certain that her total penalty charges would well exceed £750 in the 5 years.

Does this mean that she CANNOT claim for anymore than £750 which seems most unfair.

Or......is there a way of getting around this.....legally of course.....smiles

I would appreciate your advice

Kind regards
Clare

Rex_Mundi

She can always split her claim in court........

i.e.......... One claim 2001-2003 for £698, one claim 2003-2005 for £714.

Obviously she would have to work out the best dates for her so her amounts are under the £750 limit.

Edinburghlass_2

Where does she live though?

Clare11

hi Edinburghlass
She lives in EDINBURGH.....smiles....

Edinburghlass_2

Oh I could have sworn she lived in Ireland with you

jockaroo

I have filled in the Moneyclaim Online Forms this afternoon, after reading many of the posts about living in England, claiming in Scotland etc. which is what applies to me.

When you fill the form in, it's format is like all these things are in that if you miss a bit out or enter the wrong info, it won't let you proceed. When I entered the Defendants address, which is in Scotland, it said they would have to have an address in England but I could override this and proceed anyway BUT my claim would be rejected by the Court...

Can anybody advise/ reassure please?!

Regards. Jockaroo.

OverlandLandy

As per my previous post ...thats where I ended up! the court officer advised me that they could go through the legal process up here....but it was not enforcable in England.

The advice to me was to go through the English small claims court closest to the company I was claiming against.

Wait until tomorrow then call the court. I found them very helpful, and they saved me wasting my money.