Urgent Attention Please Read - Claims in Scotland

[RedDeath]

Oh well, back to square one then.

[cascade]

Think about it. If they really had any "Goodwill" they would settle the whole amount, not a portion of your claim. It's not as if they need to pay you in instalments. They're a bank, hardly short of cash.

[Mike R-F]

If FOS is the route to go re claims against CB in Scotland, at what point can you approach FOS to act on your behalf? If FOS don't accept complaints if you have gone to court at what point do we accept that we aren't going to get any further? I'm about to claim for £3,500 ex interest but am nervous about the OA route given the consensus of opinion here. The series of small claims i was going to use now appears to be a non-starter. If the banks start playing the game on the basis that they know any claim above £1500.00 either has to go to OA or go down the FOS route, they can reasonably ignore any threat of court action.

[Robertxc]

If FOS is the route to go re claims against CB in Scotland, at what point can you approach FOS to act on your behalf? If FOS don't accept complaints if you have gone to court at what point do we accept that we aren't going to get any further? I'm about to claim for £3,500 ex interest but am nervous about the OA route given the consensus of opinion here. The series of small claims i was going to use now appears to be a non-starter. If the banks start playing the game on the basis that they know any claim above £1500.00 either has to go to OA or go down the FOS route, they can reasonably ignore any threat of court action.

You can go to the FOS once you have a 'final word' from the bank. If they write to you and tell you to get lost, you can take it up with FOS. In your case, I think this is the correct course of action.

[Dusary]

After much deliberating and research I think the concensus among the CAG team at the moment is for claims over 750.00 in Scotland to be claimed through the Financial Ombudsman.

 

 

AHA! It sure does pay to read through threads before doing anything rash!

 

My claim (excluding interest) is for 2 accounts (the 6 -year stretch at this point - though I'm visiting a branch of HBOS this afternoon to get ALL my statements) totalling:

£10k+

£5+

 

What I found very interesting was the business of Scots' Law being different and acting differently. I had thought about pursuing HBOS through the English Courts (Head Office being in Leeds now).

 

But this thread has been MOST helpful - and I haven't got to the end yet.

[pedro4]

when you talk about multiple claims do you mean claiming more than once on the same account to get round the £750 limit in scotland or several diferent accounts my wife and myself have 4 seperate accounts with the BOS which i was going to pursue seperately should i put them together as one claim problem here is it would probably total about £10,000 including interest help confused......

[Bigmac versus]

Hi pedro4 the multiple claims only counts against the SAME account, seperate accounts seperate claims.

[pedro4]

have got first lot of statements back from BOS approx £1700 in excess O/d charges and a further £500 in maintenance charges Over six years should i reduce the figure to a five year sum (this is one account) what is my best plan of action ... need help been reading this site now for about 2 weeks all seems a bit confusing

[Bigmac versus]

Hi pedro it is best to stick to your own thread so you can find these answers easily when you need them, have noticed you have 5 threads in the HBOS forum, will get these threads merged for you and any questions ask away there and peeps will help you.

For the moment have you looked into complaining through the FOS or alternatively claiming in England? due to being over the small claim threshold of 750 quid.

[lilacvera]

Well, as a newbie who has finally decided to try to reclaim charges, I have been reading various posts since 4.30 this morning! Bit of an insomniac! I guess I am going to have to study the options for a bit longer as I still have no plan. At the start of this thread someone mentioned a new set of guidelines for Scotland, have they been developed yet?

I am also confused by the abbreviations, maybe a glossary would help?

Is FOS the same as FSO or just tired typing?

I want to reclaim credit card charges, on behalf of my partner who has a very 'relaxed' attitude to finance! But we work too hard for our money to let the financial institutions continue to get away with [edit]. So I am taking up the crusade on his behalf. With some financial education and a lot of perseverance Im sure we'll succeed.

So what I need is a little advice on the best way forward. There are five credit card companies involved. (Why do some people feel the need to have a card in every space in their wallet!!)

Thanks in anticipation. LV

[Bigmac versus]

Hi lilacvera it is wise to read up for a while before starting as this will help you in your claim, when you start your thread keep it updated so peeps can see your history when you require help. The guidance need further work and will be out shortly.

[lilacvera]

Thank you for that Bigmac. I have been reading a lot of posts, Im sure the more I read the more it will become clear.

[change-it]

I was offered full amount of claim but Halifax won't pay out now because I sent them a 'no -conditions' letter, so am I right in that FOS is the best way forward?( and hopefully interest on top.)

 

Although I'd love to say there won't be any more charges from now on.........I know me!

[Bigmac versus]

Hi Lynn YES TO ALL, LOL.

[change-it]

Hi Lynn YES TO ALL, LOL.

 

LOL Just checking:rolleyes:

[edinburghbeerbucket]

Hi folks,

 

I just had my first claim settled (750 quid, small claim - started before this all happened!). I'm trying to decide what to do for the rest (just over 750 quid again).

 

I emailed Edinburgh sheriff court, and their response was:

 

"I can confirm that guidance was given by Sheriffs in Edinburgh on Small Claim/Summary Cause actions in respect of bank charges. It was decided we would welcome only one action regarding the same customer account (whether Small Claim/Summary Cause/Ordinary Cause) ."

 

The rest of the email just detailed how much you can claim in each type of action, and advised me to seek legal advice.

 

Just thought I'd share the info!

[Bigmac versus]

The rest as i see it would be best dealt with via the FOS.

[tbell]

Hi All

 

Been hanging around for new info... Read in the daily Mail yesterday that labour have decided to raise small claims limit in Scotland to £5000.. woohoo

 

Have decided not to go for contractual now.. am doin' a new LBA droppin the Contractual as a goodwill gesture...lol .. (and to stall a bit more)

 

Read another thread on here, someone done a second LBA to Lloyds and got an offer of the full amount.. wish me luck

 

tbell:)

[sn00psmum]

Read in the daily Mail yesterday that labour have decided to raise small claims limit in Scotland to £5000

 

This is interesting, do you have a link to where you read it?

Good Luck!

SM:p

[caro]

I couldn't find anything in the Mail but I found this.

 

| | Small claims

[sn00psmum]

Hi Caro,

 

Same here, this is all I could find- scoured the Daily Mail website. Here's hoping it happens soon!

SM:p

[tbell]

Hi all

 

Bn at work..partners put the newspaper in the bin..thankfully the blue recycle bin... but its at the bottom..and I nearly fell in tryin' to get it!!

 

Neighbours givin' me funny looks too...lol

 

Was the Mail on Sunday...partners popped out..will ask him nicely when he gets back to go into the bin and retrieve it :grin:

 

tbell:)

[Giveitback]

I read it too, but they're only 'considering it'.

 

The maximum amount consumers are able to claim in compensation through sheriff courts could rise to £5,000 in a "top-to-bottom" review of the justice system by the Labour Party.Currently, there...

[Dusary]

Hi All

 

Been hanging around for new info... Read in the daily Mail yesterday that labour have decided to raise small claims limit in Scotland to £5000.. woohoo

 

Have decided not to go for contractual now.. am doin' a new LBA droppin the Contractual as a goodwill gesture...lol .. (and to stall a bit more)

 

Read another thread on here, someone done a second LBA to Lloyds and got an offer of the full amount.. wish me luck

 

tbell:)

 

 

Yeah! But it's not coming in with "immediate effect" - so WATCH OUT!

[dingwalldemon]

Just want to know if anyone disagrees with what i'm doing?.

I live in Scotland but have an English bank (Nationwide) and am owed over £7000!.

What i've decided to do is use a relatives address in England and claim through MCOL.

I'm assuming i can do this as MCOL states all im required to have is an address for correspondence in either England or Wales it does not say i'm required to live there.

Anyone know of any reason this wont work? (bearing in mind i'm willing to travel to England if required to appear in court, it would be worth it for 7k!)