Would be grateful for any advice.

I am currently living in England but my RBS 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.

Would be grateful for any advice.

 

I am currently living in England but my RBS 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.

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.

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...)

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.

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.....

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?

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

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

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.