Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Help Needed with Claim Form

    I'm ready to fill in my claim forms as per the scottish procedure post on this site but i've hit a small glitch.

    I'm claiming against Woolwich who used to have a branch in Aberdeen but they have now changed it to a Barclaysicon. Therefore there isn't a Woolwich branch/branch manager in my town to use as the defender.

    I have however recieved correspondance about my claims from Barclays as it appears they have taken it over from Woolwich. Would i be in my rights to say that as Barclays are dealing with it for the Woolwich that i can use the local Barclays branch/branch manager as my defender.

    Also i never sent any correspondance through the branch therefore the manager knows nothing of my claim, am i still ok to use him as the defender?

    Similar Threads:
    Woolwich:
    S.A.R - (Subject Access Request) sent 4-9-06
    Prelim request sent 6-10-06 (£735)
    LBA Sent 29/11/06
    Small Claims Filed 10/1/07
    Outstanding requests £203 and others TBC
    Goldfish:
    S.A.R - (Subject Access Request) Sent 4-9-06
    Bank of Scotland:
    S.A.R - (Subject Access Request) sent 4-9-06
    Prelim Sent 30/11/06 (£620)
    LBA Sent 8/1/07
    Outstanding Amounts: TBC
    IF.com:
    SAR Sent 4-9-06 - Didi not recieve and i've lost reciepts of recorded delivery, requested again 8/1/07 over the phone

  2. #2
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    Default Re: Help Needed with Claim Form

    Hi,

    No you cannot use the bank manager as your defender, it's not him your claiming against it's the bank he works for. Thats what the Sheriffs Clerk told me when I took my claim into court.I have a claim against Capital Oneicon who's address is in England, I live in Scotland and the clerk at Edinburgh Sheriff Court put on the form...This claim comes under the jurisdiction of Edinburgh Sheriff because the persuer will be paid in Edinburgh ?
    I think you would be ok to use your local Barclaysicon as the defender but I'm no expert.

    Hope this helps some.
    Best wishes with your claim.

    Scott.

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  3. #3
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    Default Re: Help Needed with Claim Form

    Hi. I think you should claim against Woolwich`s head office. When I took my Summary Cause forms to my local court, the Sheriff Clerk said that as my branch was 150 miles from where I lived, I couldn`t file my claim at my local court.
    I had to put him right when I showed him the info in the GOVAN LAW CENTRE websitewhich quotes the CIVIL JURISDICTION and JUDGEMENTS ORDER 2001. Schedule 4 of the actregulates the courts jurisdiction over consumer contracts. This includes bank and building society accounts.
    Paragraph 8 of this schedule says : "A consumer may bring proceedings against the other party to a contract either in the courts of the part of the UK in which that party is domiciled (stays) or in the part of the UK in which the consumer is domiciled"
    Hope this helps!


  4. #4
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    Default Re: Help Needed with Claim Form

    Thanks to both of you,

    I've just handed my claim in today. It turns out that the woolwich website says that the old branch is still active as a woolwich branch, it is listed as a contactable branch, so i just used it.

    Woolwich:
    S.A.R - (Subject Access Request) sent 4-9-06
    Prelim request sent 6-10-06 (£735)
    LBA Sent 29/11/06
    Small Claims Filed 10/1/07
    Outstanding requests £203 and others TBC
    Goldfish:
    S.A.R - (Subject Access Request) Sent 4-9-06
    Bank of Scotland:
    S.A.R - (Subject Access Request) sent 4-9-06
    Prelim Sent 30/11/06 (£620)
    LBA Sent 8/1/07
    Outstanding Amounts: TBC
    IF.com:
    SAR Sent 4-9-06 - Didi not recieve and i've lost reciepts of recorded delivery, requested again 8/1/07 over the phone

  5. #5
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    Default Re: Help Needed with Claim Form

    you can also claim in Aberdeen since you are based here. You just need to say that on the claim form. There's an example somewhere, don't know where, sorry. Good luck with it.

    BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest
    1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE