Reclaiming in Scotland

Edinburghlass_2

Welcome to the forums

I'm going to merge your thread in a minute with another about claiming in Scotland. I have read of people putting in 2/3 different claims to keep it under the £750 limit, best to check on CAG regarding the Scottish Procedure.

As regards claiming via your English address I would think as long as you are prepared to attend court at the local court to your English address that would be in order? But I'm sure someone will correct me if I'm wrong.

ashley3

Thank you for the quick response! (i thought i'd get a response sometime in the morning).

That's great, i'll check the info on that site.

thanks again

BTW, nice post count :cool:

Ashley

Ropey_3

Hi Ashley.

I'd say based on my extensive period of study and research (all day yesterday when I was supposed to be working) that you are in the exact opposite situation to me, I can't think of a reason you shouldn't claim in England. CAG will help though.

Best of luck.

Hubert_Dalrymple

As the bank is domiciled in England, I can see no reason why you should not claim in England. The only connection I can see with Scotland is your current domicile. Everything else about the Claim relates to England. I think that the "local Court" in England for Scottish parties to a Claim is the Morpeth & Berwick County Court, which has its office in Morpeth, just North of Newcastle. However, if you issue through Moneyclaim online, it will initially start in Northampton and will be redirected if the bank defends the Claim and requests transfer. As the bank is an incorporated company, it does not have an automatic right to transfer to its local Court: your wish is also important.

Hope this helps.

angusdd9

Hi everyone,

I was reading through Martin's article and I was quite excited about the prospect of being able to claim back my bank charges, which must at least run into a couple of thousand. However, my heart sank when I read that in Scotland the small claims are limited to £750. Is this still worth pursuing?

Also, I am currently with the CCCS and have set up a debt management plan to repay debts that I have - one of which is a large overdraft to my bank. If I start harassing them over bank charges, will they become difficult about my debt management plan?

Any advice greatly appreciated.

Regards,
Angus

Astaroth

If you are certain of wining you can always claim in the next higher court if the limit of the small track is not sufficient.

Of cause remember that once you are above the small track the other side are able to charge solicitor fees if you do not win and therefore a bank may actually defend a case!!

Ropey_3

It should also be noted, for the Scottish based claimants, that a small claim may be made at a court in England if the bank has an office there. The choice is yours to make, not the bank's.

Certainly something to consider. You can also claim the full six years as opposed to only five in Scotland.

mhairib_69

Hi Sorry if this has been covered elsewhere on the site but i've been lurking on the site for a while i've even joined the CAG, as the amount myself and my husband have been charged by various cards/banks etc has definitely run into thousands and i'd like to get it back!!

It sounds as though its very simple to reclaim bank charges but there does not seem to be much said about how to claim in scotland, has anyone successfully made a claim. i'm really interested but don't want to go on a wild goose chase.

thanks in advance

GiveItBack

I've made one, and I'm in progress on a second. On the CAG, there's a Scotland forum under the General one, it has everything you need there. if you can't find it, PM me and I'll track down the link.

lynseyf

I've made a claim as well and got all my money plus the interest back