Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I sent my claim away last month and got it back with a note saying I had to say which court has jurisdiction. I sent back that since I reside in North Lanarkshire then Airdrie Sheriff Court has jurisdiction.
I received it back again this morning with a note saying that jurisdiction is normally based on where the defender resides, as I do not fall into the consumer contracts category.
So what do I do? Do I have to go to the court nearest to Bank of Scotland's Head Office in Edinburgh?
I thought this claim was being raised through consumer contract law?
Under Scots law in a commercial case you can raise the claim in the sheriffdom in which you reside. You need to get on the phone to the clerk's office at your local sheriff court and talk to someone who knows their arse from their elbow!
Got a letter in this morning
The bank are not accepting liability but for commercial reasons (ie, it would cost them more money to defend it) they have decided to refund £513 to my account!!
Thanks to this site and bank charges hell for giving me the confidence to go for it!
If anybody is in any doubt about taking the bank to court, dont worry.... if I can do it anybody can!
Don't forget to fill out our SURVEY - and, of course, any donations are gratefully received!
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
McKay vs Bank of Scotland - Success!
's Head Office in Edinburgh?
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