Scottish small claims procedures

[Robertxc]

well another twist.. On Sat just received another offer letter (very overdue) of £270 which is obviously still short of the full amount, is the standard thing to write to say we accept this as an interim payment but will pursue you for the rest? or do we just straightforward decline, dont want to lose this money obviously??

Just repeat the same letter as before and fill in the claim form for the court. The fact that they've made an offer means that there's little chance of them suddenly changing their minds and defending it.

[Sarrahk]

ok... i am still pursuing this but I have been side tracked lately (see my other thread!)

 

.. i have just completed forms for HBOS.. just wondering where i put the interest figure on the form 1 and 1b?? Do i attach separate tables to the forms with details of the total charges and charges with interest .. ??

 

there does not seem to be place to put total sum of claim (inluding interest) on the form apart from box 4 where you specify the amount and simply say you want the 8% on that.. should i actually just put the amount including interest or not bother at all..

 

hope this makes sense..

[Sarrahk]

also is it right in scotland limitation period is 5 years for money claims?

[Sarrahk]

also where has the interest calculator gone on the site.. could do with some guidance on the interest malarky...i might just have to give up otherwise. Also do you know where you put specify the expenses for the action on the court forms...

 

so many questions..... help much appreciated, thanks! x

[charlieho]

Sarrahk,

Noticed Your Location: east london -If your boyfriend lives with you (even some of the time) it may be easier to claim through moneyclaim using your address.Believe some Scots are doing it this way with friends address etc.

[Sarrahk]

yeahi did consider this but he lives in edinburgh (although visits a lot and is moving down in next couple months!) and his account is registered to his address in scotland.

 

I have pretty much cracked the scottish forms and managed to complete, just a few wee points with interest etc as above but actually i had a look at the useful small claims guide and i think i know how to do rest of it now..

[Sarrahk]

is the legislation to be quoted in my small claims form for scotland same as in england.. i.e. unfair contract terms act etc?? (as in scotia's template??)

 

would appreciate quick reply on this one as planning to send forms off today...

[charlieho]

Sarrahk,

Take a look at Scotias post Scottish Procedure.

The schedule of claim I used (mainly from the Govan law centre but bits from Scottias ,is in my CharlieHo V Nationwide post).Vampiress has a spreadsheet to attach which you can find in the templates library

 

charlie

[Sarrahk]

wow! thats an impressive statement of claim! i have just done mine as Scotia has to keep it simple.. i think i will just leave it like that for now. With the interest i looked up in the small claims guide and it just says you can only claim 8% annually from date of service (judicial rate) so i have just written that in the claim. I have just attached basic spreadsheet listing the charges and dates they were applied.. fingers crossed that will be ok. I have also specified amount of expenses £49 for court fee and data protection request..

 

what do you think will happen once forms served?? do you think they will pay up or go all way to court.. scary stuff!

[Giveitback]

Did mine as Scotia and filed on Tuesday. Nothing yet, but if you keep an eye on my thread, it'll be posted about things.

[Mairi]

Hi Sarrahk,

I copied Scotias claim almost to the letter, against BoS. In Scotland they give you a return date then a prel hearing date about 7 days apart. My return date was 18/8/06, BOS waited till 11 days before return date then s##t themselves and paid up. lol

Mairi

[give_me_it_back]

Sarah, I don't think you can claim for the DPA request, as it is a 'service'... Not sure though. I'm sure the court will keep you right.

[Sarrahk]

Hi Sarrahk,

I copied Scotias claim almost to the letter, against BoS. In Scotland they give you a return date then a prel hearing date about 7 days apart. My return date was 18/8/06, BOS waited till 11 days before return date then s##t themselves and paid up. lol

Mairi

 

Ha ok! thanks! Well fingers crossed thouugh i have to say we are not backing down on this one, am ready for a court battle if needs be,they have had enough time!

 

I am down as my boyfriends "authorised lay representative", I am actually a trainee solicitor but for crime in England & Wales, but i am just down as a lay rep so all the paperwork will come to me (& i checked with the court & even if he has a lay rep they will still arrange the service) so lets see what happens..

[Sarrahk]

Sarah, I don't think you can claim for the Data Protection Act request, as it is a 'service'... Not sure though. I'm sure the court will keep you right.

 

thanks for this, well lets see if i can get away with it or not.. i should have also added all the special delivery costs and postage on too as thats probably cost me over a fiver!

 

I will keep an eye on your post givemeitback!

[seaweasel]

Doesn't the SAR template state that you're claiming back the statutory fee if they charge it? From what I've read on here, everyone claiming seems to have included their SAR fee of £10.

[give_me_it_back]

It does.. that's a new addition though... muct remember that when claiming! Thanks for pointing it out.

[Sarrahk]

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group