Urgent Attention Please Read - Claims in Scotland

[Bigmac versus]

Just lately Clydesdale bank have changed their defence and have had success from this and been awarded costs, this has been tried and tested so please be aware and move carefully.

 

Advise had been given not to run smallclaims at the same time to avoid the action being moved to OA and quite rightly so, however after claiming an earlier smallclaim for £750 i had my second smallclaim case thrown out today as incompetent due to having claimed earlier.

The ruling was that i should have claimed all the charges at the same time and not to return at a later date and claim again for other charges as i knew or should have known at the earlier smallclaim that these charges were to be claimed also.

 

So in Scotland against CB only at the moment as i expect other banks to use this soon, if your charges are say over £1500 then you will only get one claim at it so decide if it is worthwhile raising an OA or accepting the £1500 (summary cause) if you are not the much over it.

[Bigmac versus]

This will be wide spread but maybe best to update locations as they happen.

EDINBURGH

KILMARNOCK

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I am a little miffed by the CB but fair play they have came up with a good one it seems, only means the goalposts need moved slightly and if this helps others then that has cost the clydesdale something, spread the word. An OA i feel could only be raised from the outset, if you claim a smallclaim first then it seems all the legal routes are effectively barred for you.

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Maybe for claimants who havent filed a second claim, however for someone like myself who has had a ruling against them on the second claim i feel that CB would advise them that it has been dealt with through the legal route, would love to be wrong but doubt it.

If peeps have put a single claim in and then found out that to raise a second claim would be foolish then they may have some hope doing this route. Unfortunately when i tried to contact the CB after my first claim was settled they refused to discuss the complaint saying it had been passed to legal who will be dealing with it from now on.

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That is the point Robertxc and they have unlawfully taken money from me for years and now use the law to stop paying it back, (The corporate way) as cascade said they would eventually get their way and this looks like the start of it.

Now the waiting game to see what costs, i would rather have known how much there and then as its the not knowing thats worse.

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Another point this action i raised was because they refused to settle since JUNE 06 and i had exhausted every avenue before taking the legal route.

I believe they have known this all along and have waited until the situation came about then played their ACE card.

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Summary cause and the fact the case was incompetent is that still the case?

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Good luck Sneaky Pete, hope you get them good.

And my 1000 post will be to say that the CB are going to get their up and comings just shortly.

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The cases were thrown out on the basis of being wrongly pursued we need to remember that ruling dosent mean the charges/penalties are lawfull.

 

Just a thought and anyone please comment on this, what do you think the Clydesdale Banks response would be to another complaint in regards to the outstanding balance of charges owed, i think they would make an offer, although i want it all and will fight my corner im just curious as to what they would now say,lol.

[Bigmac versus]

Hi mungo11, in order to assist you how much are you claiming for?

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Hi Robert there is some doubt as to the FOS in regards to asking them to resolve the case when you have been to court.

FLASH " You can't however, use the FOS if you have taken court action."

This is not true, every case is different and they ask if legal action has been taken when filling out the complaint form, and to what extent it went.

Im going to send in complaint to FOS on Monday morning, will see what comes from it, i feel sorry for CB as they will be charged for each complaint that is made to the FOS about them to the tune of £600, breaks my heart eh Robertx.

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Glasgow herald spread in relation to CB and the throwing out of 2nd claims in interest im told will be out next sat 17th, have given my history of claim and the throwing out of my 2nd claim in Kilmarnock court and the way CB have dealt with complaints in general, they are by far the hardest to claim from.

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Gargoil, winky this is CB only at the moment as far as i know who have used this defence, although as you are probably aware it wont take much manual intervention between the bankers to spread the word, this will be the only manual intervention they will have done in relation to charges.

[Bigmac versus]

Hi smoorach you aint butting, everyone is entitled to their opinion.

 

if you split a £1500 claim into two seperate claims to get them into the small claims bracket then it is right and just that you are penalised for abusing the court services.

This is not what the discussions here are about and certainly not what i had done, if a claimant has say over £1500 to claim therefore the summary cause wont cover it and the recent defence being used stops more than one claim.

 

my local judge advised me at the outset of my claim that if i used sumary cause to claim £2100 by splitting it into one sumary cause case amounting to £1500 (this had to go through first) and one small claims case ammounting to £600 he would allow it as he saw it as meeting the court halfway. while i cannot speak for other courts he was good to his word and allowed both my claims to go through.

 

A little curious as to how you managed to be advised by the judge of what action to take that he would allow, some of us have not had that luxury and others like yourself have had the benefit of not coming up against the defence that CB are now using that is unequivocal.

Wonder if your local judge would have allowed your 2nd case if this had been their defence against you.

[Bigmac versus]

Hi smoorach, yes the thread jumps about a bit, and by adding your own personal experiences it can only help others decide what action to follow, as you know the discussion was in regards to claimants who wish to claim more than £1500 and from the CB who at the moment are having the 2nd claim thrown out as incompetent, this leaves no judge in doubt of their defence as mine had said it is unequivocal. The discussions are how to get around this now, which appears to be.

 

A/ Claim in England if possible.

B/ Complain to the FOS after the bank make their final offer.

C/ Raise an OA.

 

Yes thats prob best for the moment Caro until we get a clearer picture of things, also it is may be worth complaining through the FOS after the bank has made their final offer, as i said in an earlier post though this will cost the bank. (£600 per complaint)

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Hi nellie looked for you thread but cant see it, you said you were settled before prelim, so are you now claiming fresh charges?

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Hi nelliedean sent you a pm

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KATIEROSE: Each account is different therefore a claim for each account is NOT seen as an abuse of the court.

 

QUIDSINN: You can use an english address to claim in england but you have started your process using a Scottish address, pitfalls would be having to appear in court if it got that far, yes you could use MCOL. I have found that a simple phone call to them can sometimes avoid the need to take court action, the person you would need to speak to would be the name on the offer you will more than likely receive after sending the LBA, always worth a try.

 

PENNYWISE: OA would require you to have a lawyer, the link to complaining through the FOS is below.

Financial Ombudsman Service

 

MUNGO: As your claim is for two accounts could you tell me the amount for each one, if one is under £1500 then you could raise a summary cause, if both are over this amount then an OA for each to avoid the possibility of throwing out due to 2 or more claims on each account, you would require a lawyer and risks of costs go up, in regards to the above link i would wait until the bank make their final offer and then if it is not acceptable make a complaint.

[Bigmac versus]

Hi stevokenevo no apologies required.

BAROBALTI: Yes the FOS looks the route for now, remember though you must first go through the banks and have their final offer before doing this, good luck.

MIKEB1: Answered in your thread.

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Hi needrevenge, i know what your saying but the answer is defin NO, i said this to the BIGYIN at court and was told that i should have waited until i had all my statements before raising court proceedings as i KNEW or SHOULD have KNOWN that there were other charges to be claimed.

Hope this helps.

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OA but beware this would involve costs.

KEVMCFAD: In regards to your reply from HBOS it does sound suspicious, although if you decide to drop the case and pursue the rest through the FOS before doing this PLEASE give them a call and see if they are prepaired to settle, if they are adamant they arent then it certainly sounds like they are to defend your case on the grounds of multiple claims.

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Well where do i start, Robertxc phoned me last week asking if id like to speak to a reporter from the Glasgow Herald who were putting a spread in relation to CB and their having 2nd cases thrown out of court, i pondered over this as when its out its out but feel that with or without a case study they would go to print anyway and it would be best in the long run for people to be aware of this as the banks appear to be, i have given details of my case history and had some photos taken, (I hate photos) but if it raises awareness to the general claimants so as to avoid the pitfalls of this and create some bad PR for the not so friendly CB then i will sacrifice that gladly, the CB have as i see it pushed people into court action through not seriously attempting to correct their wrongdoings or to address the findings of the OFT and im sure many more people feel the same.

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Yes i think at the moment with the uncertainty the FOS would be the best move.

 

Financial Ombudsman Service

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Yes Caro is spot on, wise to follow her advice, unfortunately to go through the FOS you do need the banks final offer after you have went through their complaints procedure which they normally say will take up to 8 weeks.

Contractual Interest claims most likely will be defended against by the banks.

[Bigmac versus]

Hi nelliedean very interesting idea that, in certain circumstances that may work.