Urgent Attention Please Read - Claims in Scotland

[Bigmac versus]

Your action to me looks fine.

[tbell]

I'm Back

 

Still hangin on to this threads every word.. was about to post my second LBA..but LLoyds have given me £750...hmmmm £2, 900 short of total

 

Reckon I will send a "cheers... but want the rest" letter and let FOS deal with it...any thoughts??? cause they did say at last..(weyhey)..this is our FINAL response

 

tbell

[j1mgg]

You can now go to the FSO as you have aletter stating that it is their final offer. Be prepared for another wait to get the rest of the money as it looks like it can take another 2 months. I am still waiting for the final response from lloyds before the FSO will start my claim.

[RedDeath]

Seems I am now going to go down the FOS route. Can I push CI through the FOS and maybe even damages? Or am I stuck with just the charges and statutory interest?

[chelsey3]

I live in Scotland, I sent clydesdale bank a letter last week asking for my charges back (amounting to £1350) i got a letter back saying they werent going to pay me, I have sat tonight and wrote a 2nd letter and had a look around all the sites, but the more i look the more i am getting confused!!!! can anyone help me out plz n tell me what to mabye expect next. Thankx

[Bigmac versus]

An offer that wont come near to what you are owed.

In regards to claiming interest through the FOS, you may add what you wish to claim for but they may not award CI in my opinion.

[Seahorse]

Chelsey, your claim being under £1500 will allow you to chase this up through court if needed using summary cause. The cost for raising this will initially cost you £39.

 

I can't emphasise enough he need for you to READ, REAd and READ again the FULL procedure from start to finish,. Read all the FAQ's, everyone else's experiences with the Clydsdale, and above all KNOW WHAT THE NEXT STAGE IS BEFORE IT HAPPENS.

 

I'm assuming you have already sent your prelim letter complete with your schedule of charges, giving them 14 days to respond. OK, you've had a letter from them telling you no way. But this is standard, and total bolleaux. You need to stick to your timescale. Have your letter ready to print off in response as soon as the 14 days are up from the date they received the letter, then get it off to them recorded. This will be your LBA, and is the next stage in your fight, which will show them you are definitely NOT going to fall at the first hurdle. You'll be giving them another 14 days to respond.

 

At that point, you should be reading up on the process for starting your court action. You want to be clear in your mind exactly what this entails before you need to do it. It may not come to it, but best to be prepared anyway. Clydesdale are not known for making life easy for you, and will quite possibly reject your LBA or offer a reduced amount.

 

If you DO need to file, then don't hang about. Get it sorted at the appropriate time. This lot need to know that you are not intimidated by them, so you need to show a strong resolve.

 

Lastly, do start your own thread. It WILL help to keep your mind focussed, will allow Clydesdale veterans to offer help and encouragement as needed, and will give hope to other newbies who will be coming along in the same kind of daze that we all feel at the start of this.

 

Good Luck, and hang in there. It will all be worth it in the end.

[Seahorse]

Seems I am now going to go down the FOS route. Can I push CI through the FOS and maybe even damages? Or am I stuck with just the charges and statutory interest?

 

Afraid I have to agree with Bigmac. The chances of CI and beyond 5 years in Scotland is unlikely to be supported by the FOS.

 

However, I'm still waiting to hear back from them regarding my claim, so if by some miracle they DO agree it should be claimed, I'll be straight on here to let everyone know.

 

But don't hold your breath.

[Prosperity for Me]

Hi everyone. I want to claim over the £750 Scottish Small Claims court limit from each of a number of banks and I'm also thinking about credit card companies too while I'm in the mood (can't believe I'm in this deep). I'm thinking that it would be best to write to the companies with the first letter to ask for my charges back and then, after the knockback, contact the FOS for their help, but my question is this - should I contact the FOS and make several separate claims or should I just make one big claim on the one form? I'm finding this whole thing very confusing.

[Seahorse]

Hi PFM. Before you contact the FOS, you WILL have to have exhausted each financial institutions' complaints procedure. Basically that means you will either, need to wait until you get a This is our Final Say on the Matter, or if this is not forthcoming, wait out the 8 weeks from your first contact. If you involve the FOS before either of those things have happened, the FOS will probably not want to know.

 

I'd still give each one a timescale to reply to your prelim, followed by a letter before action after the first milestone is reached. What I did after that point was contact them to say that in an attempt to appear reasonable, I was sending a complaint to the FOS as a last ditch attempt to stave off court action. You WILL need to raise a seperate complaint to the FOS for each individual complaint made to the companies concerned.

 

However, if your claim for each seperate account is less than £1500, there is no reason why you can't go down summary cause. This is slightly more risky as you will be liable for costs should you lose. But as you WON'T lose, it's something to consider.

 

Do read ALL the procedures you will need to follow from strt to finish, understanding what you need to do and when WELL before you get to each point. Strt yourown thread, and ask about anything you're not sure of.

[greendykes]

Excellent thread..my eyes have went all funny but I am so glad I read right to the end. I am claiming from Lloyds,Natwest, MBNA, GE Capital all over threshold of small claims. Until I read this thread I thought it was straight forward..all accounts opened when I lived in England but now living in Scotland. Options opened to me are Mail Box in England is this a good option? or should I just wait until all final offers are made and go via FOS. LBA issued to Natwest, MBNA..Pre the others. I have threads on all of them so please drop by and say hello. I will be watching this thread with interest. Thanks to all who have given so much information and advice and made my head burl!!

[MNM]

Hi

 

I have just had a claim for 5 years worth of charges settled from the Halifax.

 

I have had this account for about 10 or 12 years, can I now enter another claim for the previous years on the same account??

[greendykes]

Just had a thought..what if the Account held with bank changed from Advantage to Classic (as an example) etc would that count as 2 different accounts? If so could you split the claims, even if they had the same account number, they have different charges etc..this would bring them into small and summary claims court. Just a thought!

[mrsem]

I am claiming just less than £750 from clydesdale (total from 3 different accounts)

Done LBAs about 3-4 weeks ago and they have replied saying they are investigating complaint!

Do I now proceed with court action?

Is a small claim ok as when I add interest and court costs amount will be over £750.

What do I put on court form for claim details?

Thanks to anyone who can advise

[frankbrown]

Ok, I'm getting really confused.

I am at the stage of sending my threatening letter to the A&L. I want to claim about £2000. Alot of these charges are from 6 years ago. Should I just say I'll refer it to the FOS,or try and find an English address,or get a lawyer???

[Bigmac versus]

Hi there i would suggest going through the FOS and request the judicial interest also this route would avoid

1/ Any court appearances or possible costs.

2/ Any travelling to and fro England.

3/ If going through a lawyer paying the difference between what if any costs you get and what the lawyer charges.

 

Hope this helps

[killbi11]

Non post

[JAMESYBOYHAIL]

what is a oa please

[mrsem]

please can anyone answer my post on this thread no.239. Feel I really need to get court procedure started now but need to be sure I'm putting the correct statement on court forms.

Some guidance would be really appreciated.

[sn00psmum]

what is a oa please

Ordinary Action (solicitor required) as opposed to a small claim or summary cause

 

HTH, SM:p

[sn00psmum]

Is a small claim ok as when I add interest and court costs amount will be over £750.

 

Small Claims are for amounts not exceeding £750 exclusive of interest and costs which means that you don't add interest into the amount on claim form. Are you claiming for CI? If so you put the rate of interest you wish to claim not the amount. I would also put the Judicial rate as an alternative for the Sherriff to consider. I believe costs are automatically added by the court clerk, someone please correct me if i'm wrong?

 

HTH

SM:p

[caro]

If you start your own thread mrsem you can post your questions and progress, rather than get it all mixed in with this thread.

[PitmanTheBRAIN]

what is this financial ombudsman??

[Bigmac versus]

Hi Pit the FOS you ask about will try to resolve disputes between the customer and the company, the customer needs to go through the company complaints procedure first and if they are not happy then the FOS would investigate and if they find the company to be at fault then they will force them to settle.

[PitmanTheBRAIN]

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.

Thats what i think! am i right in saying i can only get advise from them after 8weeks of sending your first letter to the bank or after the DPA Letter??

 

donk know if you are still keeping an eye on my thread but i am still waiting for all my charges after the bank failed to comply within the 40day limit under DPA, They did advise me they didnt think they would manage on time, but i found out its going to take at least another 3 weeks before i recieve any charges on paper through the door,(my bank said the leeds branch was dealing with printing off my statements -n so i called them, gave them my name and they said at least 3weeks!!!???) so i have filed a complaint, and sent an LBA To my bank giving them another 7 days to comply, i know my charges are going to be over £750 what do u recomend i do know? wait till i get all my statements then go forward with court action or carry on going to court because of them not sticking to the PDA's 40 days? xxx