Reclaiming in Scotland

Edinburghlass_2

All totally off topic but I'll allow it as I used to drive a Land Rover too, loved being able to see over hedges and walls

OverlandLandy

Edinburghlass wrote:

All totally off topic but I'll allow it as I used to drive a Land Rover too, loved being able to see over hedges and walls

Aw thanks.......You old Landyfan you! (AKA the one who never sleeps!)

OK OK - I take it back....Girls (who are savvy and cool :cool: )Do drive Landys....I'm just never lucky enough to see them and get a flash & a wave.

Anyway.....It was still Kind of on topic.....it was just 'forward thinking' about what to spend the Greedy Banks rebate on!! Honest!:D

superburger

Hi all,

I have looked around this site and can't quite clarify what my position will be.

I have an account with a bank with a Head Office in Scotland.

My current account is with a branch of that bank in England.

I live in Wales (and my statements are sent to Wales)

I have previously used moneyclaimonline to deal with an English company (BT btw, avoid like the plague), and i seem to recall that the address for the defendent (i.e bank) had to be in England or Wales.

I would prefer to take my case through the English/Welsh system, is this still possible. After all, the bank does carry out its business in England......

What address would i need to use for claiming online? Or would I be better off going through the Scottish system?

Thanks for any advice you may have.

OverlandLandy

Superburger:
As per my previous post please read this:

http://www.govanlc.com/jurisdiction.htm

It should answer all of your questions

superburger

Thanks, my reading of this is that:

a) I live in England/Wales, so i can choose where to raise the action.

The only provision being that I can't use moneyclaimonline (as registered office of bank and c/card company is in Edinburgh) so I will have to file papers at my local county court. This ain't a problem - i can see it from my office window!

I'll get cracking then. Thanks for putting me straight!

louloujs

Superburger:

I've just dealt with my BOS claim - I live in England -it's the same as in Wales. I wrote to BOS Head Office in Edinburgh but when you get to the court stage you need to use the following address on your forms for service:

Halifax plc
Trinity Road
Halifax HX1 2RG

This is the address for the Bank of Scotland in England.

jockaroo

Much has been said lately about what you do if you live in one UK country and want to claim against a bank in another. This is of interest to me, as I live in England and want to claim against an old account with the Clydesdale in Scotland.

I have received conflicting reports about how to go about this, all from people I respect and so was a bit confused... Well I went down the Moneyclaim route, filling in the online form and paying my £120.00. Now I admit there was a part of the form which said something about they needed to have an address in England and my claim would therefore be no good. But it did let me proceed (I did this in confusion really) but also I was of the understanding that the claim had to be checked by them for validity before sending and I have since had paperwork through the post saying my claim has been issued and the defendant has X amount of time etc And they've had my £120.00!

But this was niggling at me, so I rang up Moneyclaim quoting my case number. The chap wasn't that helpful and was very quick to tell me my claim would be no good. I said I'd better have my money back then and asked why they didn't stop me. He actually laughed and said I might get my money back but would have to apply and that it was my own fault not theirs! I realise with hindsight I am partly to blame, but surely they should have still stopped me from going ahead?

I have emailed asking nicely for my money back and I am just waiting to see what happens, then looks like the Scottish Courts for me, losing one years worth of money, £415.00.

Ho Hum.

thekid_2

no jockaroo, jurisdiction is usually handled by the court of the area you live in(if you want it that way)

you can claim through the english system if you so wish.

Also I claimed through the Sherriff Courts and got all my money back(although it didn't make it to court of course, as they never do!)

btk

[edit] section 2.03 of this document shows about the consumer contracts(the section that lets you claim from your home area) of course this is a scottish guide so...)

jockaroo

Many thanks for that. Without offending you, (I hope!) I must question your advice, simply because aforementioned Moneyclaim Clerk said they wouldn't be able to enforce it?

This is why I am confused...

I proceeded with my claim, partly because I had been told something similar by other folk. Anyway, my claim has been served, I suppose I could just sit tight and see what actually happens... I am hoping that they will pay anyway, realising that while I might have technically cocked up my claim slightly, I am serious about getting my money back, and will persue it through other avenues even if their legal boffins chuck it out at this stage...

Jockaroo.

thekid_2

lol, none taken...

the chance of them even turning up at court is slim, so you'd win by default anyhow. most likely they will settle before the court date giving you everything you wanted including 8% interest.

stand firm, i messed up my claim at first too but they all pay! lol

btk