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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 10521
Experience:  Senior Associate Solicitor
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Nationwide bank managed to have 2K + stolen from my bank

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Nationwide bank managed to have 2K + stolen from my bank account...they are not going to pay back...I wish to sue.
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: Spoken head office 90 minutes going through all transactions not authorised or carried out by myself...told me the account would be open again 24 hours later...wasn't, (I have two children 10 and 12) and wasn't available for days after.
JA: Anything else you want the lawyer to know before I connect you?
Customer: continue...they informed me by telephone that they are not going to pay. I sent them letter last week high-lighting that Ombudsman was aware of banks not paying etc...not hear anything back yet. Just phoned 5 minutes ago and they confirmed again not going to pay.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

I would send the bank a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say.

Assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland (http://www.scotcourts.gov.uk/taking-action/simple-procedure). All claims under £5,000 are classed as a "small claim", so legal costs are not recoverable and the matter would be dealt with on paper by a Judge, not at a hearing.

You would claim the sum for the lost money, the court issue fee and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. You can enforce the judgment if they still don't pay by using the court bailiffs.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

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