Reclaiming in Scotland

Ropey_3 · 15 November 2006 at 8:35AM

Hi, my first post here but I've certainly learned a lot as a lurker

Question is:

I live in Scotland (and have done for at least the last six years) but my bank branch (Barclays) is in Manchester where I opened the account as a student. If I reclaim the many, many bank charges I've paid over the last six years, would I be able to reclaim them in an English small claims court or would it have to be in Scotland?

Thanks for any insight.

magyar · 15 November 2006 at 8:42AM

Welcome, Ropey!

Scotland has a similar small claims system in the Sherrif's court. Normally, though your bank's terms and conditions (to which you signed up to) will say that "it will governed by English law", so I'd guess you'd be easier going via an English Small Claims court.

magyar · 15 November 2006 at 8:45AM

As an addition, the Scottish SCC can only deal with up to £750 whereas the value in England can be higher.

Edinburghlass_2 · 15 November 2006 at 8:55AM

But as it would be you taking the Bank to court you need to do this at your "local" court so it would be Scotland. If you sign up for the CAG Forums you'll find a board dedicated to the Scottish Procedure.

I have read some of it and some people have put in several different claims to get over the £750 limit but you really need to read up about it.

Ropey_3 · 15 November 2006 at 9:25AM

Many thanks to both of you. Magyar, the £750 v £5000 upper limit for claim was my main concern, excellently answered by Edinburghlass. I hadn't thought about putting in multiple claims. I owe you both :beer:

Edinburghlass_2 · 15 November 2006 at 9:31AM

I'll expect you to come back back and help other Scottish users on MSE once you are successful :beer:

Ropey_3 · 15 November 2006 at 10:55AM

I certainly will

magyar · 15 November 2006 at 11:39AM

Ropey wrote:

Many thanks to both of you. Magyar, the £750 v £5000 upper limit for claim was my main concern, excellently answered by Edinburghlass. I hadn't thought about putting in multiple claims. I owe you both :beer:

actually nor had I. (probably because I couldn't be bothered...) And yes, Edinburghlass is quite correct, you do need to make the claim at your local court.

stuart1_2 · 15 November 2006 at 4:28PM

Hi All,

I have been reading this article for a while, have received my statements from the Bank of Scotland and totalled my charges to £4086.00. However today I notice on the new thread that in Scotland the most you can claim is £750.00. Prior to reading this I had just prepared my interest charges and my letter asking the bank for a refund of this ammount. I take it there is no point sending this letter. Will I just type a new letter with a new ammount for £750 and leave out all the charge dates?

Edinburghlass_2 · 15 November 2006 at 4:33PM

Stuart, you really need to read up about the Scottish Procedure on the CAG Forums as said above some people have split their claims to get round the £750 limit.

Sign up to CAG, similar to MSE and have a good read of the threads there regarding claiming in Scotland.

ashley3 · 16 November 2006 at 12:20AM

Hi there - this is my first post!

I would be really grateful for someone could answer my two questions… my bank has screwed me from day one in various ways – as a first year student and beyond my graduation. I was being charged £30 a time for being overdrawn by 37p with the most being ~£20 (once because SLC hadn't paid money into my account). Over the past 6 y I guestimate they have screwed me for 2k.

However, Scottish law states that £750 (excluding interest) is the maximum claim. However, I’m wondering if it's possible to claim twice: one claim for the period 2000 – 2003, and the other for 2003-2006. I can’t find anything that states multiple claims is not a possible route – worth a try?

“In various ways”…my student account had always been registered at my parent’s home address in Scotland. After graduation, I decided to take a job in London; however, the bank wouldn’t allow me to transfer to the local branch – which is very annoying and continues to be… my other question: would it be worthwhile to send a letter from my English address to the head-office --in hope they don’t notice the account is Scottish-based--or am I entitled as an English resident to claim under English law?

I’m pleased to see people fighting back against these charges and I really sympathise with the stress that these financial institutions have put thousands of people through. Good luck to everyone!

Reclaiming in Scotland

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free