Taking a company to court in Scotland

pudsey7 · 6th June 2009, 10:36

Hi,

I now have three seperate accounts that I am at the stage where i am willing to take them to court. Could someone please give me some assistance on how to procced with this?

1st account is Additions direct. The do not have a signed CCA for me and will not be enforcing the debt. The balance on the account is over £400.00. There is almost £300.00 of charges and insurance. I offered to pay them £100.00 in f & f of the account which they refused. I am now wanting to take this to court to get the charges and insurance payments back.

The other 2 are for Capital One. The charges on the account were £12.00 each. Has anyone been successful in getting £12.00 charges back through the courts? Also, one on the accounts is my Husbands. Can I act on his behalf if this goes to court?

Thanks

maroondevo52 · 6th June 2009, 10:49

Hi, pudsey.

You will have to use the Small Claims procedure, the limit is £3,000.

Have a look at this 'link'..........

http://www.consumeractiongroup.co.uk...procedure.html

I'm going to check out the wording of the poc, as this is a very old 'link'.

You can fill the forms in on-line, but will need to print them off and take them down to your Local county court autolinker.com autolinking image

.

Regarding the £12 charges, yes claim them back, no-one said they were allowed to charge you £12.

I'll get back to you.

Regards.

Scott.

pudsey7 · 29th June 2009, 22:19

Hi,

I have my statements now and have got all the charges together. The link for the spreadsheet on the above link does not seem to work. Can you please advise how I can work out the interest autolinker.com autolinking image

they are due plus the stautory interest?

Also, could you please advise if I can take this to court on behalf of my husband?

Thanks

maroondevo52 · 29th June 2009, 23:05

Hi, pudsey.

Sorry about the 'link', this one should be ok............

http://www.consumerforums.com/resour...n-spreadsheets

I'll find out about your 2nd question.

Regards.

Scott.

pudsey7 · 2nd July 2009, 20:27

Thanks for the link. So if they were charging 34% interest autolinker.com autolinking image

on the account can I put the 1st interest bit on the link at 34% with the other being 8% or can I only claim the 8% on top of the charges?

Thanks

steven4064 · 3rd July 2009, 10:51

pudsey

maroondev asked me to look in.

You cannot take the company to court on behalf of your hsuband - he has to sign the forms, etc. However, if it came to court (which it almost certainly won't) you could speek on his behalf but he wuld have to be there.

On the interest autolinker.com autolinking image

- yes claim the interest back at 34% (or better, use the advanced spreadsheet as I show in the interest tutorial to split the actual interest charged between legitimate interest and interest on charges). THen add 8% on top.

pudsey7 · 3rd July 2009, 22:25

HI Steven,

Thanks for your help. Greatly appreciated.

pudsey7 · 6th July 2009, 22:01

Hi,

On the link when I go to the 2nd interest autolinker.com autolinking image

part where I have to put in the date the formula is currently sum= now() Where do I enter the date to make the formula work?

Thanks

xv255 · 7th July 2009, 05:54

Pudsey

Take a look at this for Additions

http://www.consumeractiongroup.co.uk...anagement.html

may or may not help.

Good luck

pudsey7 · 10th July 2009, 23:13

Hi,

Can anyone advise On the link when I go to the 2nd interest autolinker.com autolinking image

part where I have to put in the date the formula is currently sum= now() Where do I enter the date to make the formula work?

Thanks

pudsey7 · 13th July 2009, 09:07

pudsey7 · 13th July 2009, 22:26

When I write that date of the court hearing in on the spreadsheet the row that shows the 8% interest autolinker.com autolinking image

is coming up with a negative figure Is this correct?

Also, I have been sent a copy of Additions direct credit agreement as they can' find mine and it states that "this agreement is governed by the laws of England and Wales, which we also take as applying prior to the making of this agreement". How does this affect me that I am in Scotland? Can I not put the claim in to my local Sheriff Court?? I am confused.

Thanks

FlyboyAgain · 14th July 2009, 07:27

The way I see it is you live in Scotland, you're governed by Scots Law; the agreement will be covered by CCA.

pudsey7 · 14th July 2009, 17:29

Hi Thanks for the reply. They do not have a signed CCA for me. My question is whether I can put the claim into my local Sherriff Court in Scotland if the company I am taking to court is based is England?

Thanks

maroondevo52 · 14th July 2009, 17:44

Hi, Pudsey.

Sorry, I've been trying to get help for you regarding the interest autolinker.com autolinking image

, did you have a look at Stevens 'Interest Tutorial' link ?

It makes no odds if they are in England and as you are claiming charges, the CCA makes no odds either.

When I claimed charges from Cap 1, on my claim form I put, Edinburgh Sheriff Court has jurisdiction as the monies are to be paid to the persuer in Edinburgh.
Or something like that

I'll find the exact wording.

Stevens been away for a bit, hopefully when he return's he'll help you.

Regarding the Additions account, you say they will not be enforcing the debt, the balance on the account is £400 which £300 is charges, not sure if a court would let you re-claim the charges as this may be looked on as self-enrichment.

Regards.

Scott.

maroondevo52 · 17th July 2009, 20:47

Hi, Pudsey.

On my claim I put.............

Edinburgh Sheriff court has jurisdiction as the monies are due to be paid to the persuer in Edinburgh.

Regarding the interest autolinker.com autolinking image

, I only claimed the 8%, using the Scotland Simple Excel spreadsheet.

Regards,

Scott.

pudsey7 · 17th July 2009, 23:54

Hi Scott,

Thanks for the info. Will put in my claim and see what happens.

Thanks

pudsey7 · 18th July 2009, 09:49

Hi,

Still stuck on the 8% interest autolinker.com autolinking image

bit of the spread sheet. Is the date of service the date that I receive from the court or is it the date that I received the 1st charge that I put inthe box? If I put anything after today's date it comes up with a negative figure.

Thanks

maroondevo52 · 18th July 2009, 11:36

Hi,

On my Schedule of Claim for Charges........
Days since
In Respect of: Amount Date Incurred Offence interest autolinker.com autolinking image

I put in 'Charges as Notified', the amount, the date of the charge, then the spreadsheet automatically works out the days since offence and the Interest due.

Regards.

Scott.

pudsey7 · 18th July 2009, 18:06

Hi,

It has worked out the interest autolinker.com autolinking image

rate and the amount of days. The bit I am stuck on is to the right of the form where it says "

The second interest rate is for interest on

the total claimed on the date of service.

You must use the judicial interest rate

which currently is 8%.

Enter date of service here as text:

18/07/2009

If you put anything after today's date it gives you a negative amount in the line at the bottom of the sheet that says "

JUDICIAL INTEREST AT CURRENT RATE OF 8%

I just wondered what date I should be putting in the yellow box as per the one above?

Thanks

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