Reclaiming in Scotland

lmeehan67

I think as your address is in England you can go ahead and use the online court, and follow the whole English procedure.

stevieG_5

Ok thanks.

Sue60_2

I don't think this query has been answered before. I lived in St. Andrews, Scotland whilst at university and had an account there with the Halifax. For the last 4 years or so I have been living back home in England. On my bank statements my address has been changed to my current English one but they still have the address of the Halifax, St. Andrews, as the branch where my account is held. My query is, can I claim for the charges made during the last 5 years (as for Scotland) or 6 years (as for England)? I hope someone out there knows the answer.

Edinburghlass_2

As you live in England you will be claiming through the court system in England and therefore can claim back 6 years and go through Money Claim.

wossco83

Hi and happy new year...

Halifax Bank of Scotland.

total charges £4600
offered £2463

i'm currently reclaiming charges from Bank of Scotland, i followed the process as outlined on the site and after the first letter asking for them to be refunded i have been offered £2463.

the offer is very tempting but i can't help thinking that as this is their first offer i shouldnt accept it.

as im in scotland im aware that the small claims court only pays upto £750 and thus, is ruled out. can anyone tell me where i would go instead? is it the district court? and if so how do i go about raising a case? and would i need a legal representative for this.

also, any views/ideas as to what i should do would be much appreciated.

thanks in advance...

OverlandLandy

I would suggest that you go and talk to your local small claims court officer.

I went through a BIG hassle with a holiday company...paid my money to the Scottish Small claims court....got a phone call from the court officer to advise me that as the Company was based in England any Scottish ruling would not be enforcable.....ie I could win the case - but never see the money. I had to go to their local Small claims court (which due to the costs of travel/accomodation/lost wages etc...I decided not to as if I had won, and been awarded the maximum costs I would still have been out of pocket)

The situation may have changed, but you really should check. The Scottish law system (with all its good and bad points) operates in isolation from the English law system.

lmeehan67

wossco, there is a couple of things you can do, you could do lots of small claims of £750 each or you could do a few Summary Causes which is roughly the same as small claims but has a higher limit - £1500. Alternatively if you have any relatives/friends in England you could use their address when it comes to the court stage as the English limit is £5000, and you can therefore use the Online Court. If you did want to go down the "English" route but dont have anyone whose address u could use, you can "hire" an english address, just google for English Mailboxes. i think it is about £60 for 3 months for this. This info has been gleaned from other threads - hope it helps.

Stuart56

Few questions i need answering..

I've sent my letter to my bank claiming my bank charges, however they sent back a letter refering me to the term and conditions (basically trying to defer me)

whats my next course of action? get a court summons??

Edinburghlass_2

Read Martin's article and go on to the second letter.

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip

Stuart56

Edinburghlass wrote:

Read Martin's article and go on to the second letter.

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip

OK, so what do i do once thats been sent and they havnt replied? do i approach the court for the summons? btw i'm in Scotland, isnt there a £750 limit?