In scotland - claiming via English courts.

[ajs444]

Have just had standard reply from First Direct to LBA, now going to proceed through English Courts.
I presume that if I lodge case at Leeds I will have to be in attendance on the day?

[Robertxc]

Is this part of another post? If not, you really should start a new one and not hijack someone elses.

In the highly unlikely event that your case actually gets to court, yes, you will have to be in attendance. If you claim is for less than £750 you should do it in Scotland.

[ajs444]

Understood this was a general thread regarding making claims in England and not any case in particular.

[hlk01]

Sorry, not been in to update for a while, a couple of things worth mentioning though.
1. The person claiming received an offer of settlement for approx half of amount being claimed from HSBC.
2. Without any further prompting this was raised to around 2/3 of amount claimed ( without interest of course, as this hasn't been added yet ).

What's the consensus on these offers , should a letter be sent accepting the amount in part payment with a promise to pursue the rest ?

Anyway - times up so it's time to claim from English court, Now I had suggested a claim via Leeds court which is nearest to where all these letters have been sent as part of their complaints procedure. However , Robertxc - you mention it must be to their Head Office - i.e. London. Why does it need to be Head office ?

Next, I believe I can print off the forms from Moneyclaim and post them as you have advised me previously so I may be back if I get in a muddle.

Regards

[arrandolly]

This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way.

Only problem arises if the bank is also a Scottish Bank.

Hope this helps any future occurences of this question. It took me months of going round in circles to find out it was this simple, so don't want others doing the same thing.

[Sgian]

Originally Posted by Robertxc

you're supposed to serve the summons on their registered office, which for both these banks is in Edinburgh.

I did a google for registered office for Bank of Scotland (Halifax), and it gave me:

The Wharf, Neville Street, Leeds, LS1 4AZ
and
Trinity Road, Halifax, West Yorkshire HX1 3RG

So, does this mean I can ask for more than £750 by sending to the nearest court of one of these 2 addresses, even though my branch is in Scotland, and so am I?

[barracad]

Originally Posted by Sgian

I did a google for registered office for Bank of Scotland (Halifax), and it gave me:

The Wharf, Neville Street, Leeds, LS1 4AZ
and
Trinity Road, Halifax, West Yorkshire HX1 3RG

So, does this mean I can ask for more than £750 by sending to the nearest court of one of these 2 addresses, even though my branch is in Scotland, and so am I?

Yes. Issue court proceedings against the Trinity Road address.

[hlk01]

Originally Posted by arrandolly

This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way.

Only problem arises if the bank is also a Scottish Bank.

Hope this helps any future occurences of this question. It took me months of going round in circles to find out it was this simple, so don't want others doing the same thing.

Thanks for this. Our claim will go in via Head office.

[hlk01]

Originally Posted by Sgian

I did a google for registered office for Bank of Scotland (Halifax), and it gave me:

The Wharf, Neville Street, Leeds, LS1 4AZ
and
Trinity Road, Halifax, West Yorkshire HX1 3RG

So, does this mean I can ask for more than £750 by sending to the nearest court of one of these 2 addresses, even though my branch is in Scotland, and so am I?

Note - we are also going back 6 years and not 5.

[fruitycar]

Originally Posted by arrandolly

This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way.

Only problem arises if the bank is also a Scottish Bank.

Hope this helps any future occurences of this question. It took me months of going round in circles to find out it was this simple, so don't want others doing the same thing.

Sounds a stupid question but is Bank of Scotland a Scottish bank? my claim went through branch level to Head Office in Edinburgh against whom the small claim was raised, but the letter about the settlement came from Leeds.
I would be delighted if I could get the rest of my charges refunded in one fell swoop under the English system rather than having to repeat the small claims here in Scotland another 3 times.

[clara]

Originally Posted by fruitycar

Sounds a stupid question but is Bank of Scotland a Scottish bank? my claim went through branch level to Head Office in Edinburgh against whom the small claim was raised, but the letter about the settlement came from Leeds.
I would be delighted if I could get the rest of my charges refunded in one fell swoop under the English system rather than having to repeat the small claims here in Scotland another 3 times.

In the same boat. At least I have an english address though as I work here during the week. I think i might investigate this further, I have quite a large claim.

[Tink]

Just throwing in another question into the mix, did I not read though that HBOS state in their T&Cs that Scottish Law will govern over any proceedings by or against them?

T

[debt_mountain]

Is there a "friendly" english solicitor that could be used (for a fee) as an English postal address. They could just give an inital consultation, then forward all corrispondance to your Scottish home address.

Nice little earner for them, lot less hassle for uss Scottish folks - so worth the few quid?

Just a thought.

[Flyermonkey]

Hi, just read this thread - have been away and not paying attention to the forums as much as normal.

I have always lived in Scotland and did have an account at the Bank Of Scotland for many years, until their charges became obscene and I switched accounts.

Last week I recieved a large cheque from Halifax Bank Of Scotland through suing them via moneyclaim online at their Halifax address. I was advised to try this by my Scottish based solicitor and it worked. The only problem I had was that I had to get a friend to act as an agent - ie let me use his house in York as a mailing address. Again I was told by my solicitor that this was fine, that as it was only a mailing address and my Scottish address was on the form anyway so they were purely acting as an agent - in the same way as a solicitor would.

I hope this is of help.

[ecobabe]

don't know if this is any help, but last week I sent my preliminary letter to BoS, PO Box 23581, Edinburgh. When i checked Royal Mail website it was delivered from Leeds sorting office! I phoned and was told that all BoS has redirection in for all mail with this PO Box to go straight to Leeds.

[puddock]

Originally Posted by ajs444

So what court is the case heard in, if HSBC is in Leeds is that where case is heard, or to save travelling do we Scots lodge claims in Berwick on Tweed?

I live in Scotland and claimed agaisnt 1st Direct, based in Leeds. I have lodged a claim at Berwick upon Tweed. Which is my nearest English court. They were happy to accept my claim.