needing some help

[lauren.1982]

hi there

i have already started the process of reclaiming bank charges from lloyds tsb. my charges alone, without interest, amounts to just under £4900. problem is that i cannot reclaim that through the scottish small claims court (or can i?). i would hate to miss out on over £4000, which would make a huge difference to my life! is there any way around the £750 claim limit and how would i go about it?

please help. moneysavingsexpert.com helped a lot but passed me to you to help with the scottish law side of it.

thank you:|

[speedy1uk]

Hi Lauren,

My claim is well over as well, in the region of 7500, so I too can't claim through small claims. If you read my post you'll see I decided to give them their time in order to avoid an ordinary court case.

An option for the larger claims would have to be the fos (omsbudsman) although I know they are inundated at the moment with similar and the time scale is over 3 months. It's really your decision whether you let the bank take its time or go straight to the fos. I have kept in regular contact with them over the phone and repeatedly reminded them about the omsbudsman.

If you decide to go the court route it involves you needing a lawyer. I did look at this option but found that there are very few who will even consider taking it on. I also had a few who advised to go through the fos.

 

Hope this is of some help, and good luck.

[lauren.1982]

thanks speedy,

 

i was thinking of sending a letter to the FO to see if it would help. i don't want to miss out on all that money by only claiming 750. i have been tackling this for the past 4 months anyway so i'm sure i could wait another 3. do you know if there is a standard letter to send to the FO or what to write in it?

 

thanks again for your help

 

lauren

[speedy1uk]

no probs lauren,

their website is Financial Ombudsman Service and their phone number is 0845 080 1800. All their forms are online or you can call them to get them sent out.

Again best of luck. We'll get there in the end .

Jacky

[lauren.1982]

thanks jacky

 

its good to know that other people are in the same boat!

i'll go to the FO site now and got the show on the road.

good luck in getting your 7000 back.

i'll keep you posted on how i get on and hopefully will have 5000 in my back pocket soon enough.

 

lauren

[stevokenevo]

Hi Lauren, it is entirely posible for you to use the english small claims system, which has a limit of £5000(+interest)

 

I have been looking into this more and more, and have found out that under the current jurisdiction laws, you are entitled to issue the court procedings at the court local to your banks headquarters, so for ltsb you would use a london court i reckon.

 

You do not require a english address as previously presumed. You cannot use the MCOL online system without a english address, but you CAN print the forms (N1 i believe) and post them to the court.

 

For more info check out the Govan Law Centre web site

 

Hope this helps

[libby21]

Hi Lauren...I live in Scotland and filed at nearest English Court (Berwick and Morpeth Count Courts). My claim was for nearly £2000, and was settled 26 days after papers were deemed served. Of course, you have to be prepared to go there in a worst case scenario, but it's worth the risk! Give them a phone, you can do it all by post... good luck:)