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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    Peca Novitiate

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    Default Which Court - Scotland or England?

    Would be grateful for any advice.

    I am currently living in England but my RBSicon branch is in Scotland (RBS account now closed). I'm looking to reclaim charges of just over £2,000. Have sent 14 day letter to branch followed by letter today advising that I will be instructing court proceedings. Unsure which court I should raise my claim through.

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  2. #2
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    Default Re: Which Court - Scotland or England?

    Quote Originally Posted by Peca View Post
    Would be grateful for any advice.

    I am currently living in England but my RBSicon branch is in Scotland (RBS account now closed). I'm looking to reclaim charges of just over £2,000. Have sent 14 day letter to branch followed by letter today advising that I will be instructing court proceedings. Unsure which court I should raise my claim through.
    Raise it in the country of your residence.

    The RBoS has both English and Scottish addresses that can be served.


  3. #3
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    teamelvis Novitiate

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    Default Re: Which Court - Scotland or England?

    Hi there, I had a £1250 over draft and £750 was the charges owed to me. Today i received a statement with £1250 paid in to clear it but the have closed my account. Sweet and sour i suppose. Thats with a Scottish branch of the Royal bank. Good luck with your claim.


  4. #4
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    Default Re: Which Court - Scotland or England?

    Hi Peca,

    I am in a similar position as my account is with a branch in Scotland but I live in England. I note Kurt Hamster's response but have been looking for the answer to this question for ages and this is the first posting I have seen on this subject - I don't wan't to give the bank a chance to avoid repayment by guessing the which way to do this.

    There must be someone out there that has actually been through the process and knows the correct answer (no offense intended Kurt but you didn't offer any statements to support your ascertion...)




  5. #5
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    Default Re: Which Court - Scotland or England?

    Quote Originally Posted by jocklander View Post
    Hi Peca,

    I am in a similar position as my account is with a branch in Scotland but I live in England. I note Kurt Hamster's response but have been looking for the answer to this question for ages and this is the first posting I have seen on this subject - I don't wan't to give the bank a chance to avoid repayment by guessing the which way to do this.

    There must be someone out there that has actually been through the process and knows the correct answer (no offense intended Kurt but you didn't offer any statements to support your ascertion...)

    I'm currently in action from an English address suing the RBoS at their Edinburgh headquarters, i.e. I used the head office as the address on my claim.

    The crux of the matter is that as a resident of England you can use the English courts to sue a resident of Scotland. You have to add a little addendum to the bottom of your claim to make sure you don't abuse the process by suing in the English AND Scottish courts.

    The local branch you used is immaterial, you are suing the Bank as a whole, not just the local branch.


  6. #6
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    Default Re: Which Court - Scotland or England?

    I concur with Kurt's point.

    You claim in the courts you reside in. What if the HQ was in Australia? Would you be expected to file your papers at an Australian court?? The limits and the courts you use is where you reside.

    The numbers of posts by someone is not always a measure of how little / much they know. Plenty of responses around the forums backing up Kurt's response, just need to look properly.....

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  7. #7
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    Default Re: Which Court - Scotland or England?

    Thanks to both of you for putting me right... perhaps this subject is worthy of an entry in the FAQ section - is it possible to make suggestions for inclusion?




  8. #8
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    Default Re: Which Court - Scotland or England?

    I think you can, there is a THIS SITE section that is used to make suggestions. Good point.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  9. #9
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    Default Re: Which Court - Scotland or England?

    Thanks for your help. Will let you know how I get on.


  10. #10
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    Default Re: Which Court - Scotland or England?

    Thanks T4FF,

    I have placed a suggestion titled "Claimant resides in different country to Bank branch - which laws apply etc" here:
    Consumer Action Group > The Bank Action Group - against unlawful bank charges > This site - Questions & Suggestions

    There seem to be more questions on this from NI and the Isle of Man than Scotland or England but if anyone knows all the answers I'm sure we would all appreciate any input.



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