Urgent Attention Please Read - Claims in Scotland

[daviet1976]

k

 

Will check Dundee tomorrow also.....

[daviet1976]

Called at Dundee Sheriff Court earlier today.

 

They have not been presented with any new cases for a while, but they will be looked at on a case to case basis (i.e. no "blanket" sisting).

 

They have not been approached, as yet, to lift any sists already in place but will look at these if and when they come up.

[rrfcfan]

Hi there, I am at the stage of filling in my court forms, and I thought I will take a look at how other Scottish courts are dealing with sists.

 

My local sheriff court is in Tain, Ross-Shire. Looking at the court rolls , there seems like there has not been a case of this type listed. Has anyone had any joy with Tain Sheriff having their stays lifted?

[stivis]

looking at the daily lists......there is nothing, best to phone up or better still go in,usually the clerks are quite helpful ,if you can given that court is quite near Inverness SC (relatively), it may well be that the cases are not sisted, or a sist can be fought

[weeladycat]

Can anyone help me? I have unsuccessfully tried to claim back bank charges from Nationwide. I started by claiming back in May of 2007 but have been fobbed off with letters about awaiting test case results and my last leteer was just a standard bank charge letter about terms and conditons. I have no idea what do do next! Please help. xxxxxx

[weeladycat]

Can anyone help me? I have unsuccessfully tried to claim back bank charges from Nationwide. I started by claiming back in May of 2007 but have been fobbed off with letters about awaiting test case results and my last leteer was just a standard bank charge letter about terms and conditons. I have no idea what do do next! Please help. xxxxxx

[stivis]

I am assumming you've only sent a standard complaint leter,and have completed spread sheet,and have all your statements

You have 2 choices .complaint to FoS ...or sent of a LBA letter , then follow that up if they don't refund with Filing a claim via the Sheriff court, the information the Bank have provided is not strictly true as the terms of the test case are excluding Scotland,

 

the link is here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

remember that it will be Sheriff Court and not a County Court in the wording,

If stuck just ask

[greypusscats]

Hi there was on Martin Lewis website which led me here please help am having difficulty following this forum.I put in a complaint about bank charges through my local Clydesdale bank 8 weeks ago.They have just sent me a letter saying they are still reviewing my claim.I am now wondering if I should have gone through this process another way as I am sure my charges amount to more than £750 !! Please could somebody help me with the process and letters I should write sorry this is so long but am confused Thanks Louise

[greypusscats]

Hi there was on Martin Lewis website which led me here please help am having difficulty following this forum.I put in a complaint about bank charges through my local Clydesdale bank 8 weeks ago.They have just sent me a letter saying they are still reviewing my claim.I am now wondering if I should have gone through this process another way as I am sure my charges amount to more than £750 !! Please could somebody help me with the process and letters I should write sorry this is so long but am confused Thanks Louise

[stivis]

If after 8 weeks they havn't replied,or told you when you will receive a reply

You have two alternatives submit a complaint to the FoS ,but the better option would be to file a claim at the Sheriff court,It's not scarey,

first you need to list the charges on a spread sheet, then submit a LBA (letter before action)to the bank

 

You will find this link helpful

 

http://www.consumeractiongroup.co.uk/forum/scotland/94302-updated-scottish-procedure.html

[greypusscats]

Thanks that was helpful but could you tell me as it is in Scotland should I make small claims eg.year 2004-2005 etc as the full amount will be over £750 ? Would I be able to get any free advice from the Citizens advice bureau ? Thanks

[stivis]

There should be no problem as the 750 limit on small claims was lifted over a year ago, and the new limit for Small claims is £3000, and the previous Summary Cause limit went from £1500 to £5000.

So you are within the Small Claim bracket

You are within the 5 year time limit so you can go back 5 years from the date of you first complaint leter.

If you did have some beyond this time scale then with the FoS , you can go back 6 years.

 

Most if not all the stuff you need is here ,I have never found CAB very helpful, well intentioned to a point..........your local one may be better

[caro]

Hi greypusscats and welcome.

 

This site can be awkward to navigate until you get used to it, but once you get into it there's stacks of information, and stivis has given some good advice.

 

I suggest you a thread of your own in the Clydesdale, Yorkshire, Northern Bank forum, and read some of the threads in there too, including the stickies at the top of the forum there. We know the true amount of costs for each "transgression" .is well under £2 for Clydesdale so their charges are plain greedy IMO.

 

Yorkshire Bank and Clydesdale Bank and Northern Bank - The Consumer Forums

[Vital Spark]

Hi,

 

I haven't been able to access Consumer Action Group for a long time.

 

Recently I THINK I caught a snatch of news stating that the courts had ruled that cutomers cannot make claims against the banks' unfair charges. Is this correct and, if so, does it apply to Scotland as well as England?

 

Having been trudging through Local Council mire for years now, I am just about, thanks to Scott McDonald, to emerge (shouldn't speak so fast,) into a new life with a home fit for residence. That's a long distressing story into which I will not go right now.

 

This emergence should have meant that I would have the time, clarity of mind and the energy to pursue Lloyds TSB (Scotland,) plc and perhaps The Clydesdale plc Just my luck, if we are no longer able to chase and regain bank charges.

 

I would very much appreciate the expert advice of those on this site.

 

Thank you

Bo)

[stivis]

Recently I THINK I caught a snatch of news stating that the courts had ruled that cutomers cannot make claims against the banks' unfair charges. Is this correct and, if so, does it apply to Scotland as well as England?

 

the ruling generally applies both north and south of the border,note the word generally.......however new PoCs will emerge (it would be fair to say that all forums are working on this as a matter of urgency) ,based on the actual ruling as opposed to what the banks have interperated it to say

[caro]

Don't despair VS. There's more than one way to skin a cat, the fat lady hasn't sung yet, and Mike Dailly of the Govan Law Centre is flying the flag for Scotland. ;-)

 

Check out these announcements. Scotland - The Consumer Forums