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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 4th March 2008, 15:32   #1 (permalink)
madasamuppet
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Talking when is it english or scottish law to use

Hiya, new here and have been reading a bit and was wondering when you are dealing with a company that you owe money to and they are based and registered in england but you are scottish and live in scotland which law do you follow the english legislation or the scottish and which do they have to follow.

My own prob was with Choice for a debt of £960 which went into default in 2001. Westcot started collecting in 2005/06 and then moved debt on to credit security ltd. Just this past few weeks got letter from Westcot on behalf of their clients Phoenix for the same debt. Go figure (idiots ) Have since been in touch with westcot and credit security and finally got through to westcot debt management who said "yes you have been paying this debt since blah blah blah balance is now only £190 and credit security notify them when I make a payment on the account they are both going to send out statements showing all the payments. Westcot have also promised to get in touch with clients Phoenix and tell them that this debt is already being collected and the right it off. i will wait and see but will not hold my breath.

So what I was wondering just out of curiosity cause I am paying this off, is what law would they use to collect this, the english version or the scots. E.g it is statuet barred in england 6 years here it is 5 so if they came to me the first time in 2005 could I have claimed this under scottish law even though they are an english company. If you've read this far I hope you get my drift. Never one to keep things short. thanks for any advice
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Old 4th March 2008, 16:40   #2 (permalink)
haggis_2
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Default Re: when is it english or scottish law to use

Hi,
It's quite straight forward really.
If you live in Scotland they would have to use the Scottish court system, so they would have to use Scots law.
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Old 4th March 2008, 16:46   #3 (permalink)
rory32
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Default Re: when is it english or scottish law to use

As haggis states if you reside in Scotland they would have to use the Scottish Court system and Scots law. Have a read here for a full explination as to why.
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Old 21st July 2008, 20:08   #4 (permalink)
mira666
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Default Re: when is it english or scottish law to use

does this work in the opposite fashion i.e. scottish debt yet now residing in England?
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Old 21st July 2008, 20:16   #5 (permalink)
IdaInFife
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Default Re: when is it english or scottish law to use

yes
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Old 21st July 2008, 20:22   #6 (permalink)
mira666
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Default Re: when is it english or scottish law to use

although am guessing that probably wouldn't work in anyone's favour?
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