Reclaiming in Scotland

callumm1978

Hi,

Edinburghlass, Can you confirm that if I submit an english address to MCOL although I live in Scotland and my banks are scottish that I will be able to use MCOL to take my banks to court if neccessary. Does not have to be one i'm registered at as I would be using a friends address?

Callum

mah_jong

Waterbaby wrote: »

Hi there,

I know there have been several queries about this before but I can't seem to find an up to date step by step guide to how to initiate court action in Scotland. I have also looked on the CAG site.

I have followed the process so far, but am obviously nervous about the Courts. Has anyone got an easy to follow, idiot's guide to the Scottish Court process?

Many thanks.

I have found the CAG to be the most comprehensive about this. If you got the main index, you will find Scotland a sub section under the General listing. There is a wealth of info there, also personal experiences. You will probably spend a day or two reading!!

cloth_ears_2

I heard that the scottish court would not be able to enforce a ruling to an organisation based in england so pointless taking things this far coz even if you won wouldn't be able to force them to refund the money.English based banks cc companies are aware of this so do not worry about being taken to court in scotland
anyone know if there's any truth in this

Edinburghlass_2

Waterbaby wrote: »

Hi there,

I know there have been several queries about this before but I can't seem to find an up to date step by step guide to how to initiate court action in Scotland. I have also looked on the CAG site.

I have followed the process so far, but am obviously nervous about the Courts. Has anyone got an easy to follow, idiot's guide to the Scottish Court process?

Many thanks.

http://www.scotcourts.gov.uk/library/publications/index.asp?dir=library&grp=CivilCourts&open=CivilCourts#civil

Edinburghlass_2

callumm1978 wrote: »

Hi,

Edinburghlass, Can you confirm that if I submit an english address to MCOL although I live in Scotland and my banks are scottish that I will be able to use MCOL to take my banks to court if neccessary. Does not have to be one i'm registered at as I would be using a friends address?

Callum

Yes you can and you would also use an English address for the bank.

donaldtramp

Hello everyone,

Well Edinburghlass, Saturday morning has done it again for me!!!

Another development this morning.
I have just received an Extract for Payment from my Sheriff Court.
It seems like the BoS forgot all about my small claim when they settled up my Summary Cause.

It states:

The Sheriff granted decree against the defender for payment to the pursuer of the undernoted sums;

(1) Sum decerned for £121.00
(2) Interest annually from 1 February 2007
(3) Expenses of £134.28 against the defender

This extract is warrant for all lawful execution thereon.

From having a read through the small claims guidance I reckon I can now send the Sheriff Officers in!!!!:T :T :T
Really looking forward to send them in!!!!!:rotfl:
Is this the case, can I send them in straight away? Has anyone else done this?
I'm going to have to wait till Monday to phone the Sheriff Officers.

DT

donaldtramp

Just been thinking....

My Extract for payment from the Court is against,

Bank of Scotland
The Mound
Edinburgh
EH1 1YZ
(Head office)

I don't want to send them any letters asking for payment for this, surely it would be more fun to send the Sheriff Officers in.

Am I restricted to sending the Sheriff officers to the Head office or can I send them into my local Branch? I addressed the preliminary letters to my branch if that helps.

Cheers
DT

katie1407

Hi all.
I claimed £2800 from Barclays and have just received a letter offering me £1900. I know this in itself is a result, but I really feel like battling on to get the full amount.
The problem is that,if I am reading Martyn's info correctly, I can only claim for up to 5 years in the small claims court in Scotland, and only up to a total of £750!:mad:
Is anyone out there from Scotland who can advise me on what to do next? Anyone got to this stage with Barclays and been successfull?

emmaoxley

I am also in the middle of trying to make a claim from Natwest for £2200. I am currently living in Scotland and also heard that I can only claim £750. I have sent the third letter letter to Natwest advising that I will be taking the matter further if my claim is not responded to.

I have spoken to a person from my local courthouse and found them to be most un-helpful, therefore I spent some time looking on the citizens advice website and came across the below link:

http://www.financial-ombudsman.org.uk/

They may be able to help free of change and they also have a phone number to call for advice.

cloth_ears_2

please can anyone answer?I heard that the scottish court would not be able to enforce a ruling to an organisation based in england so pointless taking things this far coz even if you won wouldn't be able to force them to refund the money.English based banks cc companies are aware of this so do not worry about being taken to court in scotland
anyone know if there's any truth in this