8% interest in Scotland, what I've done this time...

[fruitycar]

For this 2nd claim against BoS I have made the 8% interest part of my claim, so that my claim is for charges and 8% on each of those charges added together upto £750, on which sum I have claimed 8% judicial interest from date of service, plus costs.

In the Particulars of claim (using Scotias template) I added

'The Claimant claims from the Defendant a sum equivalent to the amount unlawfully debited from the Claimants account from xx-xx-xxxx to xx-xx-xxxx along with 8% interest for being deprived of the use of these monies, along with the costs of bringing this claim'

 

My thanks to Robertxc for his help with this.

[charlieho]

Fruitycar,

 

Best of luck ,this time I think you'll get your 8%

 

Charlie

[fruitycar]

Fruitycar,

 

Best of luck ,this time I thing you'll get your 8%

 

Charlie

 

yes , but unless BoS see the light and cough it all up next time, its going to take another 3 claims... sigh.

[EKELSEY]

Fruitycar,

 

Take it HBOS didn't pay the interest for your first claim? I have the same problem, got charges back but no interest. Sent them a letter the other day asking if I was less important customer than those in England as they seem to pay interest to English claims but not Scottish. Should be interesting to see what they say, hopefully a nice deposit in my account soon!

 

Good Luck

[gargoil]

I've been wondering what to do about this as well. My first claim with BOS. I expect them to cough up the charges but been wondering the best way to get the 8% as well. Thought of writing to them once I have received the charge money back saying I except this as part payment but it is still my intention of going to court to get the 8% back. May end up in court but its worth a go. I'm in the same position as you fruity, my total claim is over £3.5k so may have to go through the whole procedure several times.I do hope they know on th e2nd or 3rd go that I am not just messing about. If they don't caugh up it all on the second go I think its time to go summary cause!!!

[fruitycar]

Thought of writing to them once I have received the charge money back saying I except this as part payment but it is still my intention of going to court to get the 8% back. May end up in court but its worth a go.

 

my trip to court was unsuccessful. Under Scottish law the 8% paid out on a claim is judicial interest, i.e. 8% from the date of service, hence my inclusion of 8% as part of the claim.

[EKELSEY]

Yeah, wasn't sure about going to court for interest. Got the feeling I'd be told to go away!

Will let you know if HBOS get back to me though.

[seaweasel]

According to another thread, Judicial Interest in Scotland is only applicable between the date of a judgement and the date of payment by the bank. If I'm wrong, that's great, but it would be useful to get some legal clarification on this.

[lynseyf]

Hi,

 

I used basically the same wording as you to claim my 8% , ie. made it part of my claim ( thanks to robert as well if i remember right). The bank still didn't pay it but I phoned them and said I would be continuing with my claim in court if they didn't pay up if its part of your original claim then they haven't settled in full if they don't pay it so you are perfectly entitled to go to court. The only suggestion I would have is to include the amount of interest in the wording of your claim as this was one of the things they tried to use in their argument against me even though I had stated 8% from the date of each charge and attached spreadsheets.

 

Keep at them and they will pay up

[fruitycar]

Hi,

 

I used basically the same wording as you to claim my 8% , ie. made it part of my claim ( thanks to robert as well if i remember right). The bank still didn't pay it but I phoned them and said I would be continuing with my claim in court if they didn't pay up if its part of your original claim then they haven't settled in full if they don't pay it so you are perfectly entitled to go to court. The only suggestion I would have is to include the amount of interest in the wording of your claim as this was one of the things they tried to use in their argument against me even though I had stated 8% from the date of each charge and attached spreadsheets.

 

Keep at them and they will pay up

 

Yes I also included it in my particulars of claim. 'The Claimant claims from the Defendant a sum equivalent to the amount unlawfully debited from the Claimants account from xx-xx-xxxx to xx-xx-xxxx along with 8% interest for being deprived of the use of these monies, along with the costs of bringing this claim'

So they should pay out charges plus 8% plus 8% judicial interest plus costs.

[vikkijeffrey]

Hi Fruitycar,

I just want to say i.ve been reading your threads and they,ve been great help.Good luck with your latest claim!!

I'm in Scotland too and just away to start my first £750 claim (1 of 3!) against the woolwich/barclays.

From what i've read am i right in saying that the £750 claim includes charges and 8% interest on each charge up to that amount, and that the further 8% judicial interest your claiming and costs is on top of the £750 (i.e the judicial interest and costs does not have to be included in your £750 claim limit.

1 other question, dont know if im being daft, i've just printed out all the small claims forms from Scotias links, do i fill in and send away form 1, 1a, 1 and 1b? Or is it just 1 and 1b, PLEASE SOMEONE HELP:confused:

Thanks for any replys, i feel like i'm reading too much info, you can get lost in this site!! I just need to start claim and be confident i think!!

Thanks Vikki

[gargoil]

Just form 1 and form 1b! Attach a copy of spreadsheet to each!!

[ehstevie]

Hi folks, great site and advise from you all. I'm looking for a bit help. I am preparing my claim for refund of charges from Lloyds TSB for unpaid d/d and o/d excess fees which total £3,805 since 2003. Am I entitled to claim interest? and should i have to lodge a claim with the court, how would i do this given that the small claims court limit is £750, would i require a solicitor?

[vikkijeffrey]

Hi ehstevie,

You will just have to do your claims in the chunks of £750. its up to you how you do this, from what i've read some people are doing it in date order or you can put charges into groups such as unpaid dd then unpaid cheques, i'm just going through the dates.

Not sure what stage your at, when sending preliminary approach letter, then LBA you can ask Lloyds for the full amount(£3805), just when it goes to court you break it down.

Yes you can add interest, have a look at the sample spreadsheets vampiress has created in the library section, there is one especially for scotland. You only add the interest when it goes to filling out small claims form, not before. only have 1 claim running at a time though (ie when you have won the first start claiming for the second amount).

Have a look at the sticky Scotia has created in the scotland forum, that tells you exactly what forms you need to fill in.

This is the stage i'm at!!

Good luck!!

Vikki

P.S All the information i've given is just what i've picked up from the reading round the site.

[ehstevie]

thats great vikki, thanks very much.

[fruitycar]

result: £629 cxharges plus £101.15 plus £39 costs

[Piggy bank]

Great news!

[stevokenevo]

Hi Fruitycar, my first claim was for £740+ 8% interest, making my total £910 + £39 costs. The interest doesnt count in the £750 limit, hope that helps.

[bandonbhoy]

Please can you or someone help?

 

Say one year ago I had a charge of £700 from my bank to my account.

 

Would my claim to the court be:

 

1) 700 + 56 + 39

 

OR

 

2) 756 + 60.48 + 39

 

Which?

 

or some other illustrative example

[EKELSEY]

Hi Fruitycar,

 

Might be worth sending letter to BoS about interest for first claim. I've just received the interest on my claim after asking whether as a Scottish customer I was less imporrtant to them. They even added some extra money on as sort of apology.

 

Worth a go

[fruitycar]

Hi Fruitycar,

 

Might be worth sending letter to BoS about interest for first claim. I've just received the interest on my claim after asking whether as a Scottish customer I was less imporrtant to them. They even added some extra money on as sort of apology.

 

Worth a go

 

good idea, nothing to lose but £200 odd to gain

Thanks EKELSEY