Multiple Scottish claims

[Mairi]

Hey all,

I cannot find a definate answer to my situation.

Im in Scotland and will need to serve around 8 small claims against the BOS to get ALL my money back.

I've read 3 different views on multiple claims.

1. you have to claim all in one go as the reason for all the claims is the same - unlawful charges.

2. do one after the other in case the bank consolidate claims into one biggy and take me out of the small claims procedure.

3. do 1 one week, number 2 the next week, 3 the week later...... to make sure all court dates are separate.

 

Can anyone clarify this please?

Claim submitted on 6/6/6 and the return date is 18/8, 11 weeks to wait :o .i think i must live in a very bad area.

Im going to be at this till im 100 i think.

[give_me_it_back]

Hi Mairi. Good question. I'm afraid I don't know the answer, but I will watch this thread with interest.

 

Good luck!

[woolfie]

Hi Mairi,

 

As far as I can understand up here in Scotland the situation is that if your claim is for over £750 to one bank then you are advised to split up or sever the claim. Then you go through the court process with one claim at a time waiting till you get your money for the first claim before starting the second.

 

This is because if you were to run several claims concurrently then there is the possibility that the bank would try to consolidate them which would then take you over the £750 limit and out of the small claims track.

 

Now the general opinion is that the bank is still unlikely to fight the case but the danger is that once you are out of Small Claims then every thing has to be done correctly and if you made a mistake the bank could get the case thrown out of court. You would then potentially be liable for costs etc.

 

If you do a forum search on the word 'sever' there is a lot more information.

 

This is my understanding of the situation but as I am not a solicitor you should have a search about.

 

Hope this helps clarify things a bit

 

 

Woolfie

[Mairi]

Hi Woolfie

Thanks for the reply.

reading a thread http://www.consumeractiongroup.co.uk/forum/showthread.php?t=8784&highlight=sever

"claim amount over small claims limit" posted by aaronmcl

jonni2bad's replies have me a little concerned. Ill see if i can catch him around the site and ask him. Think i need to just stop worrying, only 9 weeks to go

mairi

[fruitycar]

Claim submitted on 6/6/6 and the return date is 18/8, 11 weeks to wait :o .i think i must live in a very bad area.

Im going to be at this till im 100 i think.

 

there seems to be a huge variation in time scales, my return date was 3.5 weeks after service. Maybe they are taking summer holidays in to account with yours ?

Dont give up.