advice about claim

[msneddon]

I have posted on the Abbey site but so far I am still not sure sure if I should be claiming my branch or English based head office. I would also like to know if I should claim in amounts of 750 and do court fees be included in this amount or do they get added on over and above. £1867 is the amount I am owed.Sorry if I have missed the answers to any of these questions

[gb050573]

I too would be interested in the answer to this post. I have also posted on the Abbey forum but am in Scotland. It seems as though from what I have read so far that it may be better to take them to court in their 'own patch' as it were. I think people have had success using both methods?

[give_me_it_back]

Hi there! I have been searching for fellow Abbey Scots! Can we please add each other to the buddy lists (although I'm not actually sure how that works!), as I too need some hand holding.

 

I have been asking, and so far have the following information (all from the very helpful Woolfie)

 

My understanding is that to file a claim in England you must have an address in England. Now I am fairly sure this can be a friend or relative as long as you have someones address for them to serve papers.

 

The main benefit of using the County Court is that the small claim limit is £5000 a huge jump from the £750 in Scotland. If your claim is for less than £750 then I dont think there is any real benefit at all.

 

Also you can sever or split your claim to keep it under the £750 threshold in Scotland if that suits you better.

 

 

As far as I can understand up here in Scotland the situation is that if your claim is for over £750 to one bank then you are advised to split up or sever the claim. Then you go through the court process with one claim at a time waiting till you get your money for the first claim before starting the second.

 

This is because if you were to run several claims concurrently then there is the possibility that the bank would try to consolidate them which would then take you over the £750 limit and out of the small claims track.

 

Now the general opinion is that the bank is still unlikely to fight the case but the danger is that once you are out of Small Claims then every thing has to be done correctly and if you made a mistake the bank could get the case thrown out of court. You would then potentially be liable for costs etc.

 

If you do a forum search on the word 'sever' there is a lot more information.

 

 

Does that help?

[give_me_it_back]

Also see this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6077&highlight=abbey+scotland

 

For some helpful advice.

[meagainstrbs]

Hello,

 

The limit is £750 - NOT INCLUDING court fees and interest.

 

Mine was £743 + £39 court fee + 8% interest from date of each charge - making it £884.62.

 

meagainstrbs

[give_me_it_back]

Thanks very much for that. Hope all is progressing for you, and that you don't have to face the 'Haddington Horror' again soon!!

[meagainstrbs]

Thank you!

 

Been crazy at work - but full update coming on my thread very soon! Watch out for it!

 

meagainstrbs

[msneddon]

This topic was closed on 10 March 2019.

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