Reclaiming in Scotland

Edinburghlass_2

Edinburghlass wrote: »

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.

Due to the amount of your claim you will be better advised to put your claim to the Financial Ombudsman now, link to FAQ here...

http://www.financial-ombudsman.org.uk/faq/answers/bank-charges_a1.html

scottishtaffy

Aaaaaarrrrrggggghhhh!!!!! Ever think you are beating your against a wall? sent the first letter off in april, never got reply even after giving them 8 weeks. so sent off the second letter ( by recorded delivery so they could not say they did not get it ) on the 12 of june and still not got a reply. my claim is £4995. as i live in scotland then not sure about court as max claim can only be £750. any ideas please?

tarves

<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 was appalled to discover Abbey had taken £5703 off me in charges in the past 5 years. Used the letter templates and received an offer of compensation for £285. I am unhappy with this and am about to threaten with court action, my question however is regarding the court system in Scotland. Can any one advise me on this? Do i use the same template threaten court action as can be found on this site. Thanks for your help.
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Edinburghlass_2

As the limit for small claims in Scotland is £750/1500 the best way forward for you is going via the Financial Omubudsman. They will take your claim on once you have been dealing with it for 6/8 weeks or have been given a definate no from the bank and are very helpful to deal with.

Have a read of Martin's article regarding using the FO and this thread from users who have or are using the FO.

http://forums.moneysavingexpert.com/showthread.html?t=434244&page=6

scottishtaffy

AAAAAAARRRRRRGGGGGGH!!!!! already posted this but seem to have lost thread somewhere in here. just a re cap sent away second letter on 12 june by recorded delivery and still not heard anything back.is this a good thing? they never replied to the first one eithier. my claim is for£4995 and not sure about court claim here in scotland as max claim through the court is £750. heelllpppppp. am holding on to the though that no news is good news.

daviecam

I am a new member of this Forum and am looking for advice/assistance on what I should do next. ffice:office" /><?XML:NAMESPACE PREFIX = O /><O:p></O:p>
<O:p></O:p>
I have sent the various letters to Nationwide to reclaim my bank charges which amount to £3629.50 + interest of £1068.30, giving a total of £4607.80 over the last 6 years.<O:p></O:p>
<O:p></O:p>
I have just received Nationwide’s response to my claim, which is summarised as follows: -<O:p></O:p>
<O:p></O:p>
“After careful consideration of your request, we’re sorry that we can’t agree to your charges being refunded. Only in exceptional circumstances do we refund charges and on this occasion we feel it would be unfair to other members who find themselves in a similar situation and whose charges still remain. We realise that our answer will disappoint you however we trust that we have clarified the Society’s position.”<O:p></O:p>
<O:p></O:p>
My next logical step would appear to be to threaten to take them to the small claims court.<O:p></O:p>
<O:p></O:p>
On carrying out a web search to identify which court I should use, I found the following article dated ffice:smarttags" /><O:p></O:p>
http://www.theherald.co.uk/news/other/display.var.1217267.0.scots_lose_out_on_claiming_bank_fees.php<O:p></O:p>
<O:p></O:p>
This article states that in <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:date Month=[/IMG]24 February 2007</st1:date>:<O:p></O:p>
<font color=" /><st1:country-region><ST1:place>Scotland</ST1:place></st1:country-region>, claims are restricted to a maximum of £750 and over a period of only 5 years.<O:p></O:p>
<O:p></O:p>
Julia Clarke, Scottish spokeswoman for the consumer association Which?, said: "We cannot get redress in <st1:country-region><ST1:place>Scotland</ST1:place></st1:country-region> the way English and Welsh consumers can. And we know there are cases where Scots are going across the border to access their legal system in claims because our legal system is so poor.”<O:p></O:p>
<O:p></O:p>
Can anyone advise how I, a resident in <ST1:place>South Lanarkshire</ST1:place>, <st1:country-region><ST1:place>Scotland</ST1:place></st1:country-region> can further progress my claim through a county court in <st1:country-region><ST1:place>England</ST1:place></st1:country-region>?<O:p></O:p>
<O:p></O:p>
Daviecam<O:p></O:p>

IZZY01

daviecam wrote: »

I am a new member of this Forum and am looking for advice/assistance on what I should do next. ffice:office" /><O:p></O:p>
<O:p></O:p>
I have sent the various letters to Nationwide to reclaim my bank charges which amount to £3629.50 + interest of £1068.30, giving a total of £4607.80 over the last 6 years.<O:p></O:p>
<O:p></O:p>
I have just received Nationwide’s response to my claim, which is summarised as follows: -<O:p></O:p>
<O:p></O:p>
“After careful consideration of your request, we’re sorry that we can’t agree to your charges being refunded. Only in exceptional circumstances do we refund charges and on this occasion we feel it would be unfair to other members who find themselves in a similar situation and whose charges still remain. We realise that our answer will disappoint you however we trust that we have clarified the Society’s position.”<O:p></O:p>
<O:p></O:p>
My next logical step would appear to be to threaten to take them to the small claims court.<O:p></O:p>
<O:p></O:p>
On carrying out a web search to identify which court I should use, I found the following article dated ffice:smarttags" /><O:p></O:p>
http://www.theherald.co.uk/news/other/display.var.1217267.0.scots_lose_out_on_claiming_bank_fees.php<O:p></O:p>
<O:p></O:p>
This article states that in ></O:p>
lace>Scotland</ST1:place>, claims are restricted to a maximum of £750 and over a period of only 5 years.<O:p></O:p>
<O:p></O:p>
Julia Clarke, Scottish spokeswoman for the consumer association Which?, said: "We cannot get redress in <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:date Month=[/IMG]24 February 2007</st1:date>:<O:place>Scotland</ST1:place></st1:country-region> the way English and Welsh consumers can. And we know there are cases where Scots are going across the border to access their legal system in claims because our legal system is so poor.”<O:p></O:p>
<O:p></O:p>
Can anyone advise how I, a resident in <ST1:place>South Lanarkshire</ST1:place>, <st1:country-region><ST1:place>Scotland</ST1:place></st1:country-region> can further progress my claim through a county court in <st1:country-region><ST1:place>England</ST1:place></st1:country-region>?<O:p></O:p>
<O:p></O:p>
Daviecam<O:p></O:p>

Davie,
If you know someone with an address in England, who would allow you to use their address for correspondance, you can do it that way, or you can pass your claim on to the Financial Ombudsman who will claim on your behalf. Their service is free of charge,
Izzy

mummyyummy_2

I am still awaiting my list of charges from halifax. I live in scotland but my charges will be over £2000. Is there already a thread posted on this somewhere? I know beacuse of the amount I cant do it through small claims, but am confused as to what to do. Ive been reading about not going to court and instead go through ombudsman. Would this apply to me? thanks for your help x my x

angelwillow

Yes I think your best bet would be to go with the ombudsman - I did as I had a claim with Lloyds which was over the small claims limit and was successful.

Good luck!

jazmac_2

HI

i am currently claiming back my bank charges here in scotland, but i know from the site information that the maximum claim for the scottish small claims court is £750, i have currently have bank charges amounting to £714 this would be fine to proceed via the small claims court if required to do so, but i was wondering if i wanted to claim intrest this would take it over the £750max, what would the process be then as i could not use the small claims and is it worth my while claiming the additional intrest as i have charges dating back to feb 05??

thanks for your help.
james.