Reclaiming in Scotland

angelwillow

Hi James
You can use a summary cause action through the scottish courts as that allows you to claim up to £1500 or you could claim via the FO - I've done both with success. FO won't cost you anything but it will take longer and if you don't get an offer that you are happy with then you can still go down the court route if you want.
Hope this helps.

mummyyummy_2

i am really confused...have been waiting on my statements for weeks and weeks now if they ever come i take it i cant go forward and try and claim?

Beate

Yes you should at least try and get your claim in the system, even if it gets stayed, as you have to observe the 6 years rule for any claim.

Twinkly

Yes it is definitely worth putting in a court claim until there is a definitive statement from the courts regarding ALL claims. Some individual cases have been reported on the forum in the last few days as being stayed but it seems to be up to the individual judge so far.

As Beate suggests it is well worth starting the claim even if it is stayed as the courts will observe the usual 6 year Limitation Act regarding claims. However they will backdate to the date of claim filed at court regardless of how long it takes to actually get to a hearing.

biffbiff

jazmac wrote: »

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.

Hi James, I have been to the hearing at Hamilton Sheriff Court with the Summary Cause Summons on the 12/07/07 Mine is for £1195 now I have to go back to court on the 13/09/07 and it was ok with that amount ( form 1 and 1b ) also I have been to see a in-court advice service and everything is ok just to keep my fingers crossed it will go ahead in Sept.
Summary cause Summons is Form 1 and 1b also when I got the paper work back from court I got a Sheriff Officer to send the paper work to A & L. Court fee was £39 and the Sheriff Officer was £15 but you will get them all back with your intesest.
Hope this info will help you , as it is this site that has gave me the info I needed there is so many names i could not name them.and GOOD LUCK :money: :money:;)

Edinburghlass_2

jazmac wrote: »

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.

Your claim is for £714, not £714 plus the interest so you will be okay with the £750 limit.

allanstubbs

Sorry if this is asked elsewhere, but what does this test case mean in Scotland? Have all cases been suspended here too? If so, are they currently having a test case in Scotland as any result in England shouldn't influence law in Scotland.

honeymum_2

I am totally confused to where I should be filing my claim. I live in Scotland but Cap 1s head office is in England, can anyone help? Its for a small amount <£400

irn-bru_5

boabitis wrote: »

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Next step would normally be to go to Financial Ombudsman, unfortunatly all claims have been put on hold by the FO and the until the outcome of the "test case".

I am in the same boat as you and I am claiming back just under £5k, guess we have to wait...

ps... Caps hurt my eyes and is considered as shouting, please dont create posts in all capitals...

Flyboy_3

Although - with the aid of this site - I was successful in reclaiming charges, my wife's claim is now being stalled by the bank. It's not that much - only a few hundred quid - but it's the principle behind it that's driving all of us. I know that the courts will not rule upon this until next year and the bank is saying it's asked the FSA to suspend the normal timetable for dealing with refund requests, so this is a stalling tactic.

their letter states they have asked the FOS not to proceed with any case until the test case is resolved (next year) and that they will immediately apply to the Scottish courts to put a hold on the case if I go that way; which I intend to do.

Any further advice, folks?