Jurisdiction - Scottish or English

[Joan Blanch]

Just to let anyone know who is having problems - Jurisdiction

If you are claiming through Scottish courts it can only be up to £1,000 in the small claims court and within the jurisdiction - ie their must be an office in Scotland and you must go to court in that locality of the branch.

If you have to claim through the English courts and are Scottish or from another country you must have an address in England or Wales were you can have the payments sent to ie if you have a friend in England ask if you can use their address.

I am claiming over £1,000 from Lloyds TSB therefore I am claiming through the English courts and my friend in Newcastle has given her address.

I am claiming sums from credit cards not located in Scotland ie Egg, MBNA, Capital One, Monument therefore going through English courts as above.

I am claiming from Halifax and RBS (they both have addresses in Edinburgh) and I can go through Edinburgh Court.

I am tired of all of this - it really is deflating. It will be worth it in the end.

Joan

[amartin1908]

where did you get the info on this - i live in scotland and i have been told that i can claim against cap one here

[Joan Blanch]

Hi

From the court in Chambers Street in Edinburgh. You can only apply if there is a branch in the area. So it would depend on who owns Capital One ! Is Capital One a subsiduary company of another credit card? Does it have a branch in Scotland? The court will only deal with it if it has a branch in it's jurisdiction (area).

Let me know where you found out differently !

Joan

[sazz]

Originally Posted by Joan Blanch

Just to let anyone know who is having problems - Jurisdiction

If you are claiming through Scottish courts it can only be up to £1,000 in the small claims court

Joan

You can only claim UP TO £750 in Scottish Small claims...

[Joan Blanch]

Hi

Yes that's right - I made a mistake - my claim to TSB was for £1K so I had to go through the English system.

Got statement from MBNA last night and they have paid back ALL charges - they initially said they would only pay back part. VICTORY for one.

Joan

[Twinkle Toes]

Hi,

I have a claim that is going to be over 2K without interest added against the RBoS. Does this mean I have to go through the English system? Also, can I just check that you can go back six years in England but only five in Scotland?

Thanks,
Twinkle Toes

[Joan Blanch]

Hi

I claimed back 6 years in Scotland and England.

Does RBS have a branch in England? If so you should be able to claim through that system.

I think realistically you could claim back more than 6 years if you have the statements - it's only that the banks only keep records for that length of time so if you are asking them for the statements that's all they will give you.

Plus there is something about the sale of goods act and it changed in 1986 I think so anything before that wouldn't be successful I think because of the different policies.

J

[amartin1908]

Originally Posted by Joan Blanch

Hi

From the court in Chambers Street in Edinburgh. You can only apply if there is a branch in the area. So it would depend on who owns Capital One ! Is Capital One a subsiduary company of another credit card? Does it have a branch in Scotland? The court will only deal with it if it has a branch in it's jurisdiction (area).

Let me know where you found out differently !

Joan

Just to let you know that i submitted by claim against Capital One in Linlithgow Sherriff court, West Lothian. Capital one's head office is in England and i have just had the confirmation from the court that they have lodged the claim. So it can be done.

[goforit]

Originally Posted by Joan Blanch

Just to let anyone know who is having problems - Jurisdiction

If you are claiming through Scottish courts it can only be up to £1,000 in the small claims court and within the jurisdiction - ie their must be an office in Scotland and you must go to court in that locality of the branch.

If you have to claim through the English courts and are Scottish or from another country you must have an address in England or Wales were you can have the payments sent to ie if you have a friend in England ask if you can use their address.

I am claiming over £1,000 from Lloyds TSB therefore I am claiming through the English courts and my friend in Newcastle has given her address.

I am claiming sums from credit cards not located in Scotland ie Egg, MBNA, Capital One, Monument therefore going through English courts as above.

I am claiming from Halifax and RBS (they both have addresses in Edinburgh) and I can go through Edinburgh Court.

I am tired of all of this - it really is deflating. It will be worth it in the end.

Joan

If the comments the comments on this forum regarding what Scottish Court Clerks have supposedly said are anything to go by then, either:
1. People are mistaking what the Court Clerks are saying; or
2. Scottish Court Clerks, who are often excellent in given general advice regarding simple procedure matters aren't well informed with regard to the intracacies of jurisdiction law, especially jurisdiction law with relation to consumer contracts. This isn't surprising since the Clerks' job isn't to give free legal advice to court users.

[goforit]

Originally Posted by Joan Blanch

Hi

Does RBS have a branch in England? If so you should be able to claim through that system.

Yes they have several branches in England.

Originally Posted by Joan Blanch

Hi
If so you should be able to claim through that system.

This is what I thought when given the relevant parts of the Civil Jurisdiction and Judgements Act 1982 a quick read.

However, I can't find confirmation of this in Mike Dailly's article on this issue.

The docterine of forum non conveniens (proceedings issued in an innappropriate court) may be an issue that the Defendant would wish to bring up.

Cheers