Bank of Scotland /England or Scotland

[tonycat]

Hi

I am trying to obtain a refund of £1297 bank charges (before interest) imposed by Bank of Scotland on my 24-year-old nephew's account between 2003 and 2007. I live in England and he lives in Ayrshire. With recent event re the banks taking a tougher stance and the problems of claim limits re the Scottish courts, should I pursue in England, Scotland or through financial Ombudsman?

[livelylad]

Originally Posted by tonycat

Hi

I am trying to obtain a refund of £1297 bank charges (before interest) imposed by Bank of Scotland on my 24-year-old nephew's account between 2003 and 2007. I live in England and he lives in Ayrshire. With recent event re the banks taking a tougher stance and the problems of claim limits re the Scottish courts, should I pursue in England, Scotland or through financial Ombudsman?

The information regarding the limits in Scotland is contained in this link. The tougher stance that the banks are taking makes no difference.

http://www.consumeractiongroup.co.uk/forum/scotland/

[tonycat]

Below is what the Govan Law site states - does it mean my nephew can take small claims action against Bank of Scotland through the English system (using my English address) or does it mean that because BOS is HQd in Edinburgh, he's forced to use the Scottish system?

para 8 of schedule 4 provides that a customer is entitled to sue their bank where they live (where they are 'domiciled') or where the bank is domiciled - the relevant parts of Schedule 4 are reproduced below. In contrast, a bank can only sue you (as a consumer) where you live.

So, for example, if you bank with the Royal Bank of Scotland but live in London, you can raise a small claims action either in London or Edinburgh. Alternatively, if you live in Glasgow, but bank with the NatWest, you can raise a small claims action either in Glasgow or London. Likewise if you live in Aberdeen and bank with the Halifax plc, you can raise a small claims action either in Aberdeen or Halifax (cf. the Bank of Scotland's 'domicile' is Edinburgh; however, many other bank & credit card companies will have their registered office in England).
A company 's domicile is usually established from where it has its 'seat', that is usually its 'registered office' or the place where its central management and control is exercised: section 42, 1982 Act. Thus some consumers may have a choice where to sue.
Where proceedings arise from the operation of a particular branch, agency or establishment, proceedings can be raised where that 'branch, agency or establishment' is situated - from section 44 of the 1982 Act.

[rory32]

does it mean my nephew can take small claims action against Bank of Scotland through the English system

In short, yes. To simplify matters though it is best if he uses your address for the claims address and court correspondence.

[Dusary]

But, hey!

BoS is now HBOSplc.

HQ:
Trinity Road
Halifax
HX1 2RG.