Tracy v HBOS

[rory32]

Oh remembered now.......£39 to file.

[tracyab1972]

Hiya

 

Has anyone out there been through the Summary Cause route. I may have to file a claim against BOS for £925 plus interest but after reading a post on this site, I believe it is not possible to split claims (if over £750).

 

So I have kindly been told by that I can use the Summary Cause route, has anyone done this in the past who could give me some advise????

 

Thanks

 

Tracy

[tracyab1972]

Great, thanks..

[maroondevo52]

Hi, Tracy.

 

I have just been paid out by BOS for my Summary Cause action against them. Its just the same as a Small Claim but when you hand in your court papers the Court will then send them back to you and you have to get a Sheriff's Officer to serve them on the Bank. This cost me £15.95. The court will send you a list of local sheriff Officers you can use. BOS ignored all my letters and also ignored my court Return Date and Calling Date about 10 days later the money was in my account, without a peep from the Bank whatsoever. If you ned any help give me a shout.

 

Regards.

 

Scott.

[maroondevo52]

Hi, Tracy.

 

I've also answered your other thread, but I have just claimed in Edinburgh Sheriff Court for the second time against BOS from the same account.

I know people are saying you can't claim more than once, but I just have and the Sheriff's Clerk said nothing to me.

 

Regards.

 

Scott.

[edinburgh_al]

As noted above it's much the same as Small Claims and no more difficult with the exception that you have to get a Sheriff Officer to serve the Summons.

 

You should however be aware that if the case were to go to court and you were to lose then you may be made liable for the bank's costs in defending the action.

 

The Summary Cause route is then slightly more risky, however on the evidence to date the chances of the case going to court are minimal.

 

Barclays failed to respond to my Summary Cause summons and decree should have been issued today. When the papers are received tomorrow I can then employ a Sheriff Officer to enforce the judgment [by sending in the bailiffs if necessary]. I could of course call Barclays and point out that they owe me £X and may want to pay up without further delay but where would be the fun in that.

 

[Jaybabes]

Hi tracy

 

I've just submitted my summary cause against Lloyds Tsb last week, not difficult to do and the clerks at the court are very helpful, the summary cause form can be found here Summary Cause Forms

As rory said its £39 to file and then it varies to have it served by a Sheriff Officer, if its served by hand its around £31 if its posted by them its around £16.

Any questions just ask

 

good luck

[stevokenevo]

Hi Rory. Is it now the courts policy to not accept splitting of claims?

I thought that it was only Edinburgh Sheriff court that was refusing them?

Correct me if I am wrong please!

 

As far as i am aware it is Edinburgh and Kilmarnock, dont know if anyone can expand on that, i know Hamilton still accept more than one claim

[stevokenevo]

Hi Tracy, i have succesfully claimed three times using the summary cause action, and three times they have settled before the court date. My last attempt was actually just settled on saturday and that was settled hassle free including contractual interest at 29.8%.

 

There are pro's and con's and no-one should advise you to use the summary cause, but it is entirely your decision.

 

Good Luck

[tracyab1972]

Hiya

 

I sent my LBA around 10 days ago to BOS addressed to LEEDS. I want to give them a phone to see if they can give me an update on my LBA.

 

Does anyone have a contact number????

 

Cheers

Tracy

[maroondevo52]

Hi, Tracy.

 

Have a look in the sticky above your thread, BOS Contact.

 

Regards.

 

Scott.

[chocolatte]

Hiya

 

Has anyone out there been through the Summary Cause route. I may have to file a claim against BOS for £925 plus interest but after reading a post on this site, I believe it is not possible to split claims (if over £750).

 

So I have kindly been told by that I can use the Summary Cause route, has anyone done this in the past who could give me some advise????

 

Thanks

 

Tracy

I have just done this and it's basically the same as a Small Claims. I served my papers on Abbey through Recorded Delivery to my local branch and a week before the court date they gave in and said they would pay all in full.

[tracyab1972]

Thanks Scott.

 

Ive just phoned BOS for an update on my LBA. The woman said that there was nothing showing on her system. I know they received it as I sent it recorded delivery. She asked me if I had a reference number which would have been quoted on my "we will deal with your in 8 weeks" letter that I got from them after sending my prelim letter.

 

I'm not at home at the moment but will look for this ref when I get in tonight. She said to call back with this, then they should be able to tell if I am going to be offered anything.

 

Has anyone else phoned BOS and been told this???

[tracyab1972]

Just an update on my claim.

 

I sent my Prelim on the 2 April, I then got the bog standard '8 week to deal with you but we hope to have this done by 4 weeks' on the 12 April

 

I then sent my LBA on the 16 April and have heard nothing since. I have just called BOS to see if they could tell me if they are going to offer me my charges. The woman on the phone (who was very helpful) told me that my claim had be diarised and I should be made an offer by 4 May. This would make it 4 weeks from when they first received my prelim.

 

She says she doubts that I will hear anything from them until the 4th and to maybe hold off as they are paying the full amount to their customers.

 

I am going to file a Summary Cause next week. I think that would be the best way forward.

[linemonkey]

dear ripley,iv,e had my money from halifax,and guess what?iv,e also just had my money(£599.97)deposited into my account from B.O.S. Carry on the way your going.treat each claim separately and stick to your deadlines.I was not asked to sign anything.If you recieve notification of more bank charges in writing,personally i would add them to your summary of charges.

[stevokenevo]

I have just done this and it's basically the same as a Small Claims.

 

The process may be basically the same, but the consequences should you lose a court case are different, you ARE liable for costs should you lose.

Therefore, no one should advise anyone else to go down this route, it is entirely up to the individual, who should be fully aware of what they are doing, ignorance is no excuse ;-)

 

To Clear in up have alook at this ~~> http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read-9.html#post687285

 

Should explain it clear enough for everyone

 

Good Luck All

 

S

[tracyab1972]

Thank to everyone for all your comments, they have been really helpful.

 

I am also having to use the Summary Cause against Barclays. Does anyone have a copy of their claim that I can have a look at. Im stuck with BOX 7.

[stevokenevo]

You will find everything you need for box 7 here ~~> http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

It is the same for all claims, you just change the personal details ;-)

[tracyab1972]

Hiya,

 

Im filling in my form for a Summary Cause in Scotland against the BOS. Does anyone know what address details I put in for the Bank?

[tracyab1972]

Do I put in my local branch details on the summary cause?

[chocolatte]

Hi Tracy, yes, I used my local branch address to send my court forms by recorded delivery.

Good Luck.

[maroondevo52]

Hi, Tracy.

 

I also sent mine to my local branch, seemed to work.

 

Regards.

 

Scott.

[stevokenevo]

I also used my local branch for initial claims, but have since been advised this is not the best idea. The address should always be the banks head office.

In this case (B.O.S) the address should be :

 

BANK OF SCOTLAND

The mound

Edinburgh

EH1 1 YZ

 

I know people will argue that they have been succesful using the branch address, but i had it explained quite clearly why this is incorrect, the banks can challenge this if they wish, i cant remember the ins and outs exactly.

[edinburgh_al]

If the head Office of your branch is in Scotland then use that. Otherwise use your local branch if there is one.

 

I was advised to do this by the clerk at Edinburgh Sheriff Court.

 

 

 

Alan

[Bigmac versus]

As stevenokenovo says you need to have a look over the possibilities before jumping in, be aware of what you are going to do.