Reclaiming in Scotland

owengregory6

Or are the banks likley to get a stay in the scottish courts?

GC-Scotland

Edinburghlass wrote: »

As regards what is happening in Scottish Courts regarding the test case, please read the Govan Law Centre for legal information and in particular this on Grounds to Opposing Sisting...

http://www.govanlc.com/sisted.pdf

As regards starting a claim at your local Sheriff Court, you'll find most of the information you need in the Reclaim Help Thread, linked in my signature, where you'll find a link to court costs and details of your Particulars of Claim. Your local court will help you with the forms.

Any older charges from 5 years before the time you file your claim will be time barred and as the interest is only awarded by the court it does not form part of your claim.

Please read Martin's article regarding "goodwill gestures" here...

http://www.moneysavingexpert.com/reclaim/oft-bank-charges

Edinburghlass, thank you for your reply.

However could you (or anyone else who may know the answers) please answer a couple of more questions for us?

1. As we have decided to go ahead and raise an action, should we raise one (ordinary or summary cause) action, or raise several small claims actions (one for each year that the banks took unfair charges from us)? I know that there is a possible benefit of going down the several small claims actions route because this minimises our potential liability for the bank's legal expenses but can we do this? And can we raise them all at once or do they have to be raised one at a time (i.e. only when the one before has been concluded)?

2. Whether raising one action or several, should we sue for the whole amount or just the outstanding amount (deducting the partial payment already recieved from the bank)? The outstanding figure is over £2000.

I have tried to contact the Govan Law Centre to obtain advise from someone directly (via telephone) but I was told that because I lived out with the Govan postcode they could not speak to me or give me advise. I also tried to email them via their website to answe the questions above (and some from my most recent posting) but I have not recieved any advise or answers, despite my email possibly prompting the most recent article to be released, advising on the issue of whether a Scottish case can be sisted pending the outcome of an English test case. Is there anyone I could speak to or contact directly if you are unable to answer my questions above?

I really appreciate the help!

Thanks

GC-Scotland

Superly_Vince

I don't have all my bank statements to hand, from what I have been able to total up between two accounts is £2226 or there about (05/05 to 08/07), one account has approximately £660 betwen May 2005 and Aug 2007 and the other has £1566, Oct 2005 to Aug 2007. How would i go about claiming them?

I am unsure as to what I am calculating, what I have done is looked at the following:
Maintainance Charge plus fee (around £43.00)
Overdraft Interest
Unpaid Items (£38.00)

Am I totaling up the right charges? I haven't a clue where to start.

caanca

can anyone tell me what the position is in scotland. i followed threads and am now at the stage where i have raised action against halifax / bank of scotland (BOS) in the small claims court.
a sheriff officer visited me yesterday to inform me that at on friday, tommorrow, BOS are craving the court to sist (or put a hold on in laymans terms) the action pending the outcome of the test case in London.
should i go to the court to object to this? what reasons would i need to give? PLEASE HELP!

owengregory6

Hi.

Your not the only one who would like a reply to this one. Scottish folk seem to be ignored here.

sossage

I think this document shows the grounds for such a stay being rejected.

www.bankcharges.info (link at the top)

Stokey125

caanca wrote: »

can anyone tell me what the position is in scotland. i followed threads and am now at the stage where i have raised action against halifax / bank of scotland (BOS) in the small claims court.
a sheriff officer visited me yesterday to inform me that at on friday, tommorrow, BOS are craving the court to sist (or put a hold on in laymans terms) the action pending the outcome of the test case in London.
should i go to the court to object to this? what reasons would i need to give? PLEASE HELP!

I would argue that as this would be a decision of the High Court of Engalnd the decision would not be binding on the scottish courts and is only of persuasive value therefore a sist should not be granted as it would not be determinative of the issues

Stokey125

owengregory6 wrote: »

Hi.

Your not the only one who would like a reply to this one. Scottish folk seem to be ignored here.

Owen you have to remember that the law in Scotland is not the same England and most of the people who post are I believe English so would not know the position under scottish law there are only a few exceptions to this. So the reason has more to do with ignorance than anything else

Edinburghlass_2

Edinburghlass wrote: »

As regards what is happening in Scottish Courts regarding the test case, please read the Govan Law Centre for legal information and in particular this on Grounds to Opposing Sisting...

http://www.govanlc.com/sisted.pdf

As regards starting a claim at your local Sheriff Court, you'll find most of the information you need in the Reclaim Help Thread, linked in my signature, where you'll find a link to court costs and details of your Particulars of Claim. Your local court will help you with the forms.

Any older charges from 5 years before the time you file your claim will be time barred and as the interest is only awarded by the court it does not form part of your claim.

Please read Martin's article regarding "goodwill gestures" here...

http://www.moneysavingexpert.com/reclaim/oft-bank-charges

..................

owengregory6

Stokey125 wrote: »

Owen you have to remember that the law in Scotland is not the same England and most of the people who post are I believe English so would not know the position under scottish law there are only a few exceptions to this. So the reason has more to do with ignorance than anything else

Thanks very much mate!!