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Applying for a summons is easy and the small claims procedure is straightforward. Small claims forms are available from your local sheriff clerk’s office or if you live in Scotland you can visit www.scotcourts.gov.uk.
Complete your small claims summons form and pay court-lodging dues of £7 for claims of £50 to £5,000. The bank must reply to the court by the return date – usually four to six weeks.
Complete the summons form by stating the amount of money owed and give the details of the defender (the bank). A copy of the summons should be presented to the sheriff clerk along with the court fee. The court fee will depend on the amount being claimed. Remember the maximum you can claim is £5,000.
The sheriff clerk will enter the court’s reference number and put a hearing date and the return date onto the summons.
The sheriff clerk keeps the summons but you shall receive a copy. After which the sheriff clerk sends a copy (by registered mail) to the bank you are claiming against. This is known as service of the summons.
On receiving a summons the bank can either:
A hearing will only be held when:
Both you and the bank’s chosen representative must attend the hearing although you may be represented by another party. If you do not attend, the case may be dismissed. However, the good news is, if the bank does not attend, you automatically win the case.
At the hearing you will have the opportunity to discuss the claim with the sheriff. In most cases the claim will be settled at this hearing. The sheriff will make a final decree (judgment). If the bank does not pay the claim after the decree has been given in your favour, you are entitled to take further legal action. If the case is not settled during the hearing it can be continued.
At a continued hearing it is important to prepare the case carefully. Prepare all letters and bank statements, or in other words, gather your evidence. These documents should be lodged in court no later than 14 days before the continued hearing. It is unlikely a case against your bank at the small claims court will go to a continued hearing. Banks are likely to settle before attending court in the first place, a continued hearing would be no small inconvenience for the bank.
If the bank loses the case but refuses to pay, you will have to go back to court and ask for a sheriff officer to have the decree enforced. Only a sheriff officer can enforce the decree. A fee will be payable to enforce the court decree.
Do not be deterred by the information on court procedures. It is unlikely the bank will take it as far as court. Instead you can expect a full or part repayment of bank charges by allowing us to handle your claim. Please visit Claiming Options and discover ways in which you can reclaim money today.
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