zander in Scotland v A&L

[zander]

I'm ready to serve papers against A & L. However,in Scotland, since my petition is for £2,750, this is civil law (ordinary cause) and would not be a small claim. I've called my local court for advice and apart from suggesting I should use a solicitor, they also stated that I should claim against the local branch as this is in Scotland and not Head Office in England. Can anyone advise upon what the best course of action is? particularly regarding Scottish law? I really want to serve papers now and court clerk advised to read up on ordinary cause which would take about two days!!

[paulclarkson1985]

hi,
I do know how scottish law is slightly different to english law as i lived there for 3 yrs i would advice you to look on the govern law centre website it has a section dedicated to this issue and i am sure they will point you in the right direction



good luck

[arrandolly]

I've just gone through this - The Scottish Court does not know procedure very well. Simply post your claim at Leicester County Court, citing A&L's registered office as the address. You don't have to do anything in Scotland.

Wish you well. If you look at other posts you will see their usual pattern is to acknowledge service and then pay up!!

[zander]

Thanks for that. Nice and simple! I'll get on it straight away.

[BankFodder]

A lot of people have been asking about this and we haven't been able to give any definitive answers.
I would appreciate being kept informed as to the progress of this so that I can wirite into a FAQ when we become certain of the position.
Thanks

[BankFodder]

Just to add a point. I fell certain that you will need to give an English address for service of documents on you.

[zander]

I've reluctantly delayed my action until I know for sure what's required with Scottish cases/Law. There must be many other Scots who are finding similar problems unless they are with Royal Bank of Scotland, Clydesdale & Bank of Scotland? I could give an address in England (friends) but not so sure of legalities with that situation. Appreciate some input from others in my position? Thanks.

[scotia]

well, i dunno if this correct, but my claim is for approx 2400 quid, and i am splitting it into smaller chunks...ie March 2000 to Jun 2001 - £721 plus 8% plus fees

and i am intending to put down my local manager as the person who i am claiming from

dunno if this helps, but my court papers are due to be submitted on Thursday if i haven't had a reply by Wednesday to my LBA...so if i am wrong then ....HELP !!!!!!

[zander]

Have everything in place pertaining to my claim yet getting no further forward due to being in Scotland and suing an address in England. How can this be done? No one seems to have a definitive answer to this problem. Any suggestions? My claim is for £2,700.

[The Holte41]

I reside on a SCOTTISH ISLAND!!!! A & L in England, but I which route I take depends on the amount I am reclaiming. If it is within the limits I shall lodge with my local Sheriff Court.
I very much doubt that it will be, and there are two ways to go about this - split the claim, making two (or more) smaller claims, or alternatively lodge through a County Court in England - near to the banks HQ.
I prefer the latter - I want all of my money back and all in one go! The general feel is that the bank rarely goes as far as heading to court (if ever)? and that they will settle in advance of that (fingers crossed).
However, if they do intend to defend then I shall be happy to appear in a court in a England, have the nice Judge make them give me my money (plus interest) back along with expenses (travel, accomodation - three day round trip from here at least, loss of salary etc etc) - If they choose for me to be the first one they want to make an example of then I will go to England - proabably very nervously - but I am not committing an illegal offence here. Justice due wherever!!!
These options are purely what I have a feel for from reading through the forum - if incorrect I am sure someone will advise.
Regards

[zander]

Thanks for your reply. I've not got a problem in attending court, if I have to, in England. I'll be claiming the lot in one go, however money claim states that your address has to be in England? This is where my efforts breakdown. How did you get around this? Ta.

[caro]

Have you had a look in the Scotland forum? You might find further information there.

[arrandolly]

Have just found this on my return from holiday. You claim at Leicester County Court using the Registered Office address on your cheque book. You can't do it via Moneyline but just print off an N1 form and send with cheque for relevant amount. A&L will lodge a Notice of Intention to Defend and then send you a cheque. A month after that they will notify you that they are closing your account. It took me from October 2005 until April 2006 to find all this out so hope it saves you time. Got all my money back (I live in Glasgow)

[The Holte41]

Thank you arrandolly - I find that very useful as I had not got to that stage yet (just received 6 years statements so will be kept busy for a while)!!! Will no doubt save time and frustrations.

[charlieho]

Usefull Information at Govan Law centre on juristdiction

It is understood that the England & Wales Money Claim Online service requires a claimant to have an address in England or Wales, and therefore, if you are raising proceedings in England you would have to forward your claim to a particular County Court by post. While raising proceedings in England will entitle you to sue for a maximum of £5,000 under English small claims procedure, if the claim is defended you must be prepared to travel to England to present your defence. Accordingly, you should think very carefully about this issue, weighing up all of the pros and cons

Have a look at the Scotland forum

Best of Luck with your claim,

Charlie

[stodman]

Indeed, I live north of the border and used Leicester county court for my claim. As far as i am aware it depends on your accounts terms and conditions, In Anl current account T&C it states that English law applies. Although, some other banks state that english law applies unless you live in scotland. worth checking before filling any action.

Also, If sueing in england, be sure to use the N1 form and "particulars of claim" Its different templates for scottish courts.

[zander]

I've been exceptionally busy making a living and have not yet followed up my last attempt to make sense of recovering the charges from our friends at A & L. Went to my local court where I requested a small claim form and told them I was to be making 4 small claims. I was then informed that I could only claim once against a Company. However, she reliably informed me that I COULD claim on the Moneyclaim site. This info tends to contradict what has been said in the forum pertaining to Scottish cases. Does any one have a definitive answer so as I can go get em??

[Aitken Brotherston]

Zander
I cannot believe that you can claim only once against any one person or company. If that were to be true once a first small claim had been settled the bank (in this case) could do what they liked secure in the knowledge that they could not be sued again by you. Not realistic.

Clearly you can claim only once to recover any given individual charge, to claim a second time for the same charge would be fraud.

Suggest you ask MCOL if you can use them to claim, they are very helpful and certainly should provide the difinitive answer.