Reclaiming in Scotland

jockaroo

..all a bit confusing. I have brought this up on the site elsewhere, and there are several very switched on and knowledgable people who regularly contribute to the forum...

The general consensus seemed to be if you live in England and want to claim against a Scottish bank, you could using Moneyclaim, for the full 6 years and for more than £750, all of which was music to my ears!

But yes, a call to the Court in the morning is in order.

I will get my money though won't I? WON'T I? TELL ME!!

Jockaroo.

Edinburghlass_2

This is the second time this has come up for me today and sorry but I don't know the correct answer however I would be interested to know what the bank says.

Apparently you have to put the registered address of the bank when filling in the form online which in the case of the Royal Bank of Scotland is in Edinburgh which would mean, by the above reckoning, that the case would be rejected if you live in England.

Or can you just use an English address for the bank you are claiming against ie you local branch in the case of the Royal Bank?

OverlandLandy

I cannot say for sure If you live in England....and make a claim in England....against a 'company' that is based in Scotland... that it is not enforcible if you win.

However it appears not to work the other way around!

The Scottish legal system really is 'a law unto itself'. There are so many differences that are well known - Smoking Ban, House selling/buying procedures, corroboration needed if arrested, (ie 2 cops needed up here...but only one down south?) Legal Separation, Etc..... But then there are common points of law especially around Employment law, transport etc......(but then again due to a lack of 'Trespass' - wheel clamping is illegal up here!).

I often wished that i had gone into law up here...it may have been quite interesting!

jockaroo

Here is another possible avenue, suggested to me by my girlfriend...

I live in England as mentioned previously. I am claiming against the Clydesdale Bank in Scotland.

As I still have friends in Scotland, is it feasible to use the address of a mate in Scotland for my address on the claim form? I can't see a problem with this, apart from the crap about the 5 years instead of 6 - which I have already calculated means I will lose a whopping £415.00 out of my £2087 - also the slight hassle of breaking it down into £750.00 lumps.

But at the end of the day, when I get my sticky little paws on that cheque... I will see it as a means to an end. ...and laugh all the way FROM the bank!

Jockaroo.

sallywoo

Ropey wrote:

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.

Are you shure that if i live in scoland and my banks office dealling with the claim in england i can claimvia english court?
shue it has to be ur local court

OverlandLandy

jockaroo wrote:

Here is another possible avenue, suggested to me by my girlfriend...

I live in England as mentioned previously. I am claiming against the Clydesdale Bank in Scotland.

As I still have friends in Scotland, is it feasible to use the address of a mate in Scotland for my address on the claim form? I can't see a problem with this, apart from the crap about the 5 years instead of 6 - which I have already calculated means I will lose a whopping £415.00 out of my £2087 - also the slight hassle of breaking it down into £750.00 lumps.

But at the end of the day, when I get my sticky little paws on that cheque... I will see it as a means to an end. ...and laugh all the way FROM the bank!

Jockaroo.

From my conversations it was not about where you lived - but who you wanted to claim against, and what was enforceable by a court order.

In my case It was a company based in England (but with branches in Scotland). As the 'branch' had no 'authority or assets' a court order would have had no effect or legal standing. You need to pursue the Head Office.

I'm not sure if this is making sense?

The advice I got from the court was - you can take them to court up here, they wont defend it as the know any ruling is non enforceable in England if issued in a Scottish court. They also looked at my contract with them which gave the Head office address and was agreed to under English law....

As I say they were very helpful, but the reality of my claim was such that even if i won, got my money back etc...I would still be out of pocket due to travel costs, accommodation costs and loosing 2 days wages! There are times when a moral victory comes at too high a price. I prefer never to use them again and take every opportunity to dissuade friends & family from doing the same!

jockaroo

Many thanks for your continued support, explanations and patience!

I sort of get the gist of what you are saying.

Am I right in thinking though that you were put off completely from claming, and didn't or that you just had to take a different route?

In my case, and don't forget we are talking about 2K, there are still other options open to me to get my money, or are you saying that I won't get it at all?

Sorry to be a pest.

Jockaroo.

OverlandLandy

jockaroo wrote:

Many thanks for your continued support, explanations and patience!

I sort of get the gist of what you are saying.

Am I right in thinking though that you were put off completely from claiming, and didn't or that you just had to take a different route?

In my case, and don't forget we are talking about 2K, there are still other options open to me to get my money, or are you saying that I won't get it at all?

Sorry to be a pest.

Jockaroo.

I was put off claiming purely down to the economics of taking it to the small claims court. I was 'only' talking about £150. Even if I won in the Small Claims court, due to the limitation on expenses I would have been out of pocket by the time I took into account 2 days loss of wages, travel and accommodation ..... I let it drop - but I made sure EVERYONE I spoke to did not use the branch (it later closed due to the bad reputation it gained! - not all down to me mind you!)

As you are talking about a BIG amount of Money you should NOT give up.....Just make sure you do it right from the start to save wasted time, effort money and avoid the frustrations that often come with such things!

fuse5k

I would like to say thanks to martin for putting all of this information online, so that together we can get banks to abolish these illegal and unfair charges.

I see that in england you can file small claims online, is there such a service for those of us in scotland>?

also i have been unable to find my local county court? is there a different name for them in scotland?

thanks in advance

Ian houghton

DAV123

Hi I am based in Scotland and cant use the same online moneyclaim as England and Wales I wonder if anyone can help me with what to do next I have went through the standard procedure and am now at the stage of taking The Woolwich (Barclays) to court I put in a claim for £5,400 including interest they came back with an offer of £995 which I knocked back I phoned them today 08/01/07 to give them the chance to pay me in full, they did up the offer to £2000 on the phone, however I want to take them for every penny. I phoned scottish court and they advised I contact a solicitor, but there must be an avenue for me to deal with this on my own.
I would appreciate any help you can give. Thanks