Confused teuchter v HBOS

[FMacInnes]

Hi,

I'm about to begin a claim against HBOS, but am unsure about the different routes to go down. I'm claiming just under £1500. Should I split this into 2 x £750 small claims? What is a Summary Cause? Am I correct in thinking I might be better using this method, thus claiming it all at once? If so, how does the procedure differ? I'm probably being really thick here, but it all gets very confusing - especially when you try to find something you read previously!!

[bs58]

Hi,

If you're caliming £1500 then a summary cause is the way to go. There isn't a great deal different from a small claims except that your claim, once raised with your local sherriff court, must be served by a Sherriffs Officer which does cost a little bit more. You can find all you need to know about Summary Cause here:

 

Summary Cause Guidance Notes

 

Splitting your large claim into multiple smaller claims is not recommended, as some courts have seen this as 'overloading the system' and wasting their time, and the case thrown out.

 

Personally, I would raise a summary cause, as the extra you have to pay for the Sherrif's Officer will be paid back to you by the bank when you win.

 

Hope this helps.....Brian

[cascade]

I'm not too sure, but I believe if you pursue a summary cause and you loose you will have to pay the Banks costs. This is Highly unlikely as the banks don't want to seem to go to court. I personally am in the same boat as you and I intend to go down the summary path to avoid any contraversy with my claim. As long as the claim is above £750 and £1500 or below, I would take the summary route.

[garyhay]

Hi,

I'm about to begin a claim against HBOS, but am unsure about the different routes to go down. I'm claiming just under £1500. Should I split this into 2 x £750 small claims? What is a Summary Cause? Am I correct in thinking I might be better using this method, thus claiming it all at once? If so, how does the procedure differ? I'm probably being really thick here, but it all gets very confusing - especially when you try to find something you read previously!!

 

http://www.consumeractiongroup.co.uk/forum/scotland/40792-gary-aberdeen-halifax.html is my thread and I have not needed to go to court but have settled for slightly less. I would have went the Summary Cause route if I had to though

[FMacInnes]

Thanks Brian, cascade and garyhay - it's great to have so much help out there. Right, I'm off to read the summary cause guidance notes as it looks like this is the way to go!!

 

I'll keep you posted!

[cascade]

Best of luck teuchter, er sorry! FMacinnes. lol!

[cascade]

Follow my progress on this thread as I am slightly ahead of you. If by some miracle I don't get my dues you can learn from my mistakes. Hopefully. http://www.consumeractiongroup.co.uk/forum/scotland/70705-bank-charges-bos.html