Common Law arguments vs UTCC

yakobb · 31st July 2008, 12:26

Hi,

I successfully took RBS to court in Edinburgh for around £500 a couple of years ago, and now I need to do the same thing with nationwide. My claim rested on two seperate points - on the Unfair Terms in Consumer Contracts legislation and on scottish common law. In light of the whole English OFT case grinding away - in which I understand the arguments are only on the basis of the UTCC - is it perhaps advisable to ditch the part of my claim based on the UTCC, and just proceed on the basis of the common law arguments? I could use the money sooner rather than later, really don't want to have my claim sisted..

old_andrew2007 · 2nd August 2008, 22:18

old_andrew2007 · 16th August 2008, 23:20

any news

dundeelaw · 21st August 2008, 17:18

If you have not filewd your claim yet. Don't bump the OFT part as the Legal Proceedings in England and Wales have no Jurisdiction in Scotland. If you vist the Govan Law Center, you will find their template for a claim includes the relevant UTCC cases that will help.

Govan Community Law Centre, Glasgow, Scotland | Free legal resources

Cases are being won in Scotland despite the Legal Action South of the Border.

Good Luck!

daviet1976 · 26th August 2008, 23:45

But not since the start of the year in Edinburgh.

Seems everywhere is sisting claims at the moment.

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