Anyone Who Can help with Scottish Law!!!

[Mairi]

Hi Nicola

You will be able to get a new account even if it is just a basic one, as they don't need to do a credit search.Get your salary and your d/d re set up on new account.

Then for your 2nd claim go for a summary cause which has a claim limit of 1500. That should pay off most of your o/d. You will probably have to pay something towards it while your waiting on your case going to court.

[charlieho]

Nicola

 

have a look here Scottish courts also take a look at the Govan Law Centres Info -very helpful-

Charlie

[nicola]

Thanx, has anyone ealse had the bank saying they were going to close their account??

[CJ&theBOS]

I have gone for six years worth!

 

 

hrmm ive gone for 5 years thought i wouldnt be able to claim more. Anyone managed to claim 6 years no problem in scotland? Ill adjust my claim if necessary

[Giveitback]

Nicola, I haven't been told by my bank that they want to close my account (yet), but here's my thinking.

 

When it's overdrawn, if they try to close it, it's not as if they take your money away, you have theirs anyway.

if they decide they want to try action against you for it, then come back here and we;ll help you out, but you owe them, they owe you, they won't gain from it.

 

But the first thing I did was open a parachute account, and get on good terms with my bank account manager.

 

And she's been great - mistakes have been made, but they've put in the time to fix them.

[nicola]

Thanks, I did apply to open up another account yesterday, but it's to late to change my bank detail for this months wage so I'm going to wait until the end of the month then start the court proccess again.

[Harry Burt]

Which court action is necessary in Scotland for a claim of £5000.?

[debt_mountain]

Harry Burt

 

only info I can give is what you probably already know. upto £750 is low risk if you were to loose (noone ever has I don't beleive), 750-1500 is higher risk as you pay costs for both if you loose so I guess that anything above 1500 is high risk.

 

As I have said in many other posts, I plan going after the banks in england and using their head office address in England. Others have successfully done this and you can go for upto 6 years and £5000.

[HRB]

hello Debt Mountain,

Tks for the contact. I am going ahead with a biggish hit on Scottish based bank(s) and will use whatever court action is necessary to get the result.

HRB

[debt_mountain]

Good luck, I think the £750 or above will need a solicitor which will obviously cost.

[nicola]

I've been out of action for a while as I had a baby and never had the time to follow up my claim. I'm back and ready to start again... 1 question when I started this it was 2000 when I had the most charges, do I have to start from 6 years from now or 6 years from when I contacted the bank, so far had to take them to the small claims court, they settled before and I got around £775. Still oweing over £3K

[stevokenevo]

Hi Nicola, have had a read through your thread, At the time of your first settlement you were told by the bank if you raised any more claims they would defend them on the grounds that you missused the small claims procedure, as you knew there were more charges to be claimed.

Very Similair to what has happened to George here ~~> http://www.consumeractiongroup.co.uk/forum/scotland/19737-george-mcm-clydesdale-bank.html

 

You should have a look at this thread to give yourself an idea of the latest ~~~> http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

I reckon you could still reclaim the balance of your charges, but you may have to go down the F.O.S route.

 

Good Luck

 

S

[nicola]

When I agreed to take the money I did tell them I was going for the rest. Put in another small claims summons and have a date for the 14th of April. In the letter Judith Carrie wrote back to me she did say that about the court but I phone the court and they said at the end of the day it was up to the court not the bank to decide this. Do you think the will appear at court.

[nicola]

Just been on the phone to the FO, think I have shot myself in the foot here, if the small claims court throws this one out I have no where to turn as they won't touch it. I think the RBS will attend court and thios will get thrown out as I have already been through the court. Has anyone out there taken them to the small claims court more than once, where can i go from here???

[Jaybabes]

What about if you were to drop the claim and then take it up with the FO, would that not work or does the fact that you've already submitted it to the court already mean that thats the way it has to go ??

[stevokenevo]

I dont think you should panic........ yet ;-)

As you said, its up to the court to decide, and IF they decide to defend the action on those grounds, It would be up to the judge to decide.

I would sit it out now, and prepare your argument for why you should be entitled to bring the action (just in case)

You never know, it could slip through the net, and they offer to settle out of court like they always do, if you get a settlement offer of any description you know your onto a good thing!

 

Good Luck

[nicola]

It just means I mite only get another £800 instead of the £3500 still oweing to me!!

[cazzba32]

Hi can someone please clarify for me I live in scotland but the two banks I am going after are both registered in England - can I go through the Englich court system? or do I have to stick to raising the action in my local court

[Jaybabes]

You can go through the English courts if you have an English address you can use failing that you have to go through the Scottish courts, Im in the same situation and I'm having to go through the Scottish Court but they guides and support on here are fab so it's not as scary as it looks.

 

Jaybabes

[stevokenevo]

Caz, you can use the scottish system, as the bank will prob have a registered office here too, depending on how much the claim is for you may be better claiming in england anyway.

You would be better starting you own thread in the scotland forum, detailing your claim, and there you will be able to ask questions and receive advice better.

Good Luck

[nicola]

Ok i'm in a right muddle now!!! Is it true you can claim for more than 6 years, is that in Englandor in Scotland too?

[stevokenevo]

It is 5 years in Scotland and 6 years in england. Its not the banks who decide, its the courts. The statute of limitations in Scotland basically 'time bar's' claims of this nature over 5 years old.

Hope that clears it up ;-)

[stevokenevo]

although, i suppose in theory, if you have the information, there would be no harm asking for 6 years in your prelim or lba letters, just in case they do refund you before the court.

Its just when it comes to court it matters.

When you did your first claim did you not claim the oldest charges first anyway?

[nicola]

although, i suppose in theory, if you have the information, there would be no harm asking for 6 years in your prelim or lba letters, just in case they do refund you before the court.

Its just when it comes to court it matters.

When you did your first claim did you not claim the oldest charges first anyway?

 

I claimed for 2004, it just I read somthing about the Yorkshire bank and it says you can claim for over 6 years. I posted on that forum and a mod came back to me and said you can claim on however long you have been getting charged.

 

Told them I was with the RBS.

 

Do you think I should put another letter into the bank?

[stevokenevo]

I think the best thing to do, would be wait till your current claim is dealt with, then take it from there. I wouldn't send them any more letters in case it rocks the boat.

Once your claim is over next month, you will have a clearer picture.

I can tell you are stressing out, with all the conflicting information.

one step at a time, lets see what happens with the current claim first ;-)