head is spinning, need advice please..

[EmmSee]

Firstly, what a superb site. Well done to all involved

My query is concerning claiming back charges from Woolwich/Barclays. I filled in the template forms from the BBC site after watching the episode of the Money Programme. I sent in the standard letter and statements from the last 5 years highlighting the various charges that have been levied against me over the last 5 years.

The letter was passed from my local branch (Kilmarnock) onto the Customer service team and then onto the Head Office Customer Relations in London.

I have now found out that the most I can claim for in a Scottish Court is £750 for a small claim and £1500 for a Summary, well below what I had asked for to be returned to me.

I believe I can pursue my claim through an English court as Woolwich/Barclays have their HQ in England.

What I'd like to know is if it is the same process as in Scotland and would I just file a claim at the CC nearest to the Barclays/Woolwich HQ in London?

Also, as I can claim for 6 years charges under English law, do I have to send them a new letter outlining this and the new amount which I am claiming back?

Thanks in advance for any help and keep up the good work

[garyhay]

It's best to read as much as possible before starting your claim.

If you can use a friends address in England (or a mailbox) then you can use the Money Claim On Line site (MCOL) to raise action in England.

[reidnet]

I believe ( or I was told by Wolverhampton Court) that you can claim in England by posting the paperwork to the court nearest the defender, only snag is of course if you have to attend court you will have to travel.
Best thing to do is check for the nearest court to the defender and give them a call and check.

Ian

My claim Via Wolverhampton is a bit Different though its for Mis Sold Payment Protection Insurance.

[EmmSee]

Thanks guys.

That's what I thought. I'm prepared to take a cheap Ryanair and a day off work if it comes to that

[garyhay]

Originally Posted by EmmSee

Thanks guys.

That's what I thought. I'm prepared to take a cheap Ryanair and a day off work if it comes to that

I have seen people raise a case in Carlise or Berwick as its closer. I would go the English route if my charges warranted it.

You can also claim you flights etc back as costs

[EmmSee]

Originally Posted by garyhay

I have seen people raise a case in Carlise or Berwick as its closer. I would go the English route if my charges warranted it.

You can also claim you flights etc back as costs

So it doesn't have to be the court closest to the HQ of Barclays? My charges definitely warrant it, so the English route is best for me.

Cheers for the info on the flights too

[traffic_jamming04]

just joined the site today and want too say best of luck what ever way you choose ..........traffic_jamming 04

[reidnet]

Hi Emmsee,
I am not so sure about just using any court to send your claim into, You will have to state on your claim why that particular court has Jurisdiction over your claim. If it is one of the high street banks, I guess that if they have a branch in the town where the court is you should be ok. I would check with the court that you plan to use before sending in your claim, just in case.

The Jurisdiction over my claim with GE Money could only really be either Dundee Sheriff Court (my home town..but limited Scottish Samll Claims) or through Wolverhampton, where Purpleloans have registered office.

Ian

[EmmSee]

Originally Posted by reidnet

Hi Emmsee,
I am not so sure about just using any court to send your claim into, You will have to state on your claim why that particular court has Jurisdiction over your claim. If it is one of the high street banks, I guess that if they have a branch in the town where the court is you should be ok. I would check with the court that you plan to use before sending in your claim, just in case.

The Jurisdiction over my claim with GE Money could only really be either Dundee Sheriff Court (my home town..but limited Scottish Samll Claims) or through Wolverhampton, where Purpleloans have registered office.

Ian

Cheers mate.

From what I have researched myself (obviously I'll check) it has to be the court nearest the pursuer or the court nearest the defendent. In my case it would be the court nearest Barclays registered office in Churchill St.

[garyhay]

Originally Posted by EmmSee

Cheers mate.

From what I have researched myself (obviously I'll check) it has to be the court nearest the pursuer or the court nearest the defendent. In my case it would be the court nearest Barclays registered office in Churchill St.

If you live in Scotland but claim in England the Berwick or Carlise are the nearest courts to you (the pursuer)

[reidnet]

Hi Gary,
I am not too sure if the court will accept Berwick or Carlisle as your nearest court, It will really be up to the court to decide if they have Jurisdiction over your claim. I was told that If I tried using the nearest English court to me then the defendant could question the Jurisdiction of that court on the Grounds that it is not the Nearest court to my Home Address.

I decided to Use the Court Nearest their office, This way there is no problem with Jurisdiction of the case and they cannot try and have the case moved to my Nearest Court which of Course is Dundee and my claim would not then go through the Small Claims Track.

I may be wrong but that was the info I was given from Wolverhampton Court and Dundee Sheriff Court. It may just depend on the Individual Court.

Ian

[EmmSee]

Originally Posted by reidnet

Hi Gary,
I am not too sure if the court will accept Berwick or Carlisle as your nearest court, It will really be up to the court to decide if they have Jurisdiction over your claim. I was told that If I tried using the nearest English court to me then the defendant could question the Jurisdiction of that court on the Grounds that it is not the Nearest court to my Home Address.

I decided to Use the Court Nearest their office, This way there is no problem with Jurisdiction of the case and they cannot try and have the case moved to my Nearest Court which of Course is Dundee and my claim would not then go through the Small Claims Track.

I may be wrong but that was the info I was given from Wolverhampton Court and Dundee Sheriff Court. It may just depend on the Individual Court.

Ian

That's what I'm led to believe too. But I'm here to be educated

[garyhay]

If you search this site you will find a post saying the Berwick were happy to accept a claim.

It's safer to claim nearest you or the bank but if the bank has a branch I understand you can claim there as they are operating from that place, whereever it maybe.