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Tallcmp

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  1. Hello All, I sent my prelim last weekend so the 14 days is up next weekend. I have a couple of questions re planning what next and any advice gratefully received: 1) I claimed £5143 for six years before discovering the limit in Scotland is five. Should I adjust my claim amount in the LBA to make it completely ligitimate or stick to the £5143 and see what happens? 2) Martin Lewis' LBA template letter offers 7 days before filing and I notice the CAG template is 14 days. Is 14 days generally seen as more reasonable on our part and more likely to be looked upon as good practice by a court (if it comes to it), rather than trying to rush through a claim after 7 days? 3) I'm thinking about making a 'without prejudice' offer to settle for £4000 in the LBA. Any advice on whether I should? I could do with a quick settlement now because I need the money. Because of the size of the claim it's going to have to be split into £1500 summary actions. I'm worried that the bank might try to force a full and final settlement of £1500 on the first one, and £4000 now seems like a safer bet than the possibility of £5143 some months down the line. All help and advice gratefully received. Thanks!! Chris.
  2. Posted this on HBOS thread, but wondered if anyone here had any views: Hello All, I've just sent off my letter asking for a refund and it's a pretty heft £5143. So I'm thinking about what to do next. Assuming I get a 'pat on the head and go away' letter, I'll send a letter before action. My question is: what action? Me and the bank are in Scotland, so I think I'm stuck with the £1500 Summary Action limit. I don't want to file four separate claims one after the other as I've read a couple of things about the banks insisting that the first £1500 claim is final and/or petitioning the court about the pursuer abusing the small claims system. So the next step up is an Ordinary Action, which really needs a solicitor, could incur hefty fees and carries the risk of losing and paying the bank's costs. I read in The Independent today about the Financial Ombudsman Service and that the bank have paid up in every claim the FOS has intervened in. My understanding is that it will take longer and they don't have any enforcement powers - but it is free. Does anyone have any experience of using the FOS to arbitrate/win a big claim? Or does anyone have any advice about the 'no win no fee' solicitors that are springing up to deal with this? I'd consider sacrificing a 25% commission most of them seem to be asking for if it means getting £4K in one action with a solicitor to do all the complicated court stuff. Thanks for any tips!!
  3. Hello All, WOW! What a supportive bunch! Just been tipped off about these threads in a general post and really enthused by the other HBOS postings. I've just sent off my letter asking for a refund and it's a pretty heft £5143 I'm asking for from BOS. So I'm thinking about what to do next. Assuming I get a 'pat on the head and go away' letter, I'll send the LBA. My question is: what action? Me and the bank are in Scotland, so I think I'm stuck with the £1500 Summary Action limit in Scotland. I don't want to file four separate claims one after the other as I've read a couple of things about the banks insisting that the first £1500 claim is final and/or petitioning the court about the pursuer abusing the small claims system. So the next step up is an Ordinary Action, which really needs a solicitor, could incur hefty fees and carries the risk of losing and paying the bank's costs. I read in The Independent today about the Financial Ombudsman Service and that the banks have paid up in every claim the FOS has intervened in. My understanding is that it will take longer and they don't have any enforcement powers - but it is free. Does anyone have any experience of using the FOS to arbitrate/win a big claim? Or does anyone have any advice about the 'no win no fee' solicitors that are springing up to deal with this? I'd consider sacrificing a 25% commission most of them seem to be asking for if it means getting £4K in one action with a solicitor to do all the complicated court stuff. Thanks for any tips!!
  4. Hello All, I've just sent off my letter asking for a refund and it's a pretty heft £5143. So I'm thinking about what to do next. Assuming I get a 'pat on the head and go away' letter, I'll send a letter before action. My question is: what action? Me and the bank are in Scotland, so I think I'm stuck with the £1500 Summary Action limit. I don't want to file four separate claims one after the other as I've read a couple of things about the banks insisting that the first £1500 claim is final and/or petitioning the court about the pursuer abusing the small claims system. So the next step up is an Ordinary Action, which really needs a solicitor, could incur hefty fees and carries the risk of losing and paying the bank's costs. I read in The Independent today about the Financial Ombudsman Service and that the bank have paid up in every claim the FOS has intervened in. My understanding is that it will take longer and they don't have any enforcement powers - but it is free. Does anyone have any experience of using the FOS to arbitrate/win a big claim? Or does anyone have any advice about the 'no win no fee' solicitors that are springing up to deal with this? I'd consider sacrificing a 25% commission most of them seem to be asking for if it means getting £4K in one action with a solicitor to do all the complicated court stuff. Thanks for any tips!!
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