Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
    Site Team The Consumer Action Group BankFodder's Avatar



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    Default Jurisdictional issues

    Of course your RBSicon or BoS account will only be governed by Scottish law if you opened it in Scotland.

    Similar Threads:

  2. #2

    Default Re: Jurisdictional issues

    Quote Originally Posted by BankFodder
    Of course your RBSicon or BoS account will only be governed by Scottish law if you opened it in Scotland.
    Is this the rule then - that you are governed by where your account was opened rather than where the bank is based ?

    Reason I asked is it may be more benficial for some customers based in Scotland to lodge a claim against a bank that is based in Englad - due to the very low limits and the onus on the claimant to prove the penalty charges are unreasonable.

    Anyone know if this is possible ?


  3. #3

    Default Re: Jurisdictional issues

    Quote Originally Posted by BankFodder
    Of course your RBSicon or BoS account will only be governed by Scottish law if you opened it in Scotland.
    Is this the rule then - that you are governed by where your account was opened rather than where the bank is based ?

    Reason I asked is it may be more benficial for some customers based in Scotland to lodge a claim against a bank that is based in Englad - due to the very low limits and the onus on the claimant to prove the penalty charges are unreasonable.

    Anyone know if this is possible ?


  4. #4
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    Default

    It's not the law of the bank. It's the law of the contract. The applicable law in these kinds of cases will be the law of the jurisdiction in which the contract was made.

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  5. #5
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    Default

    It's not the law of the bank. It's the law of the contract. The applicable law in these kinds of cases will be the law of the jurisdiction in which the contract was made.

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  6. #6

    Default

    Cheers

    Sorry to be a bit blonde.. what governs online accounts then ?


  7. #7

    Default

    Cheers

    Sorry to be a bit blonde.. what governs online accounts then ?


  8. #8
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    Default

    Yes it had occurred to me. I was hoping that no one would ask.

    I'm unable to give you an answer at this point. However, if I was in Scotland and opened the account at a terminal there I would certianly want to use the Scottish courts as they would be closer to me.
    However, if the amount was over £750 so that it fell over the Scottish small claimsicon limit but inside the English one, I would take my chances and issue the claim against the English head office of the company - assuming they were English and see what happened.

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  9. #9
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    Default

    Yes it had occurred to me. I was hoping that no one would ask.

    I'm unable to give you an answer at this point. However, if I was in Scotland and opened the account at a terminal there I would certianly want to use the Scottish courts as they would be closer to me.
    However, if the amount was over £750 so that it fell over the Scottish small claimsicon limit but inside the English one, I would take my chances and issue the claim against the English head office of the company - assuming they were English and see what happened.

    MAJOR UPGRADE - March - SEE ANNOUNCEMENTS

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    All attribution rights and moral rights in my copyright work are asserted
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  10. #10

    Default

    Quote Originally Posted by BankFodder
    Yes it had occurred to me. I was hoping that no one would ask.

    I'm unable to give you an answer at this point. However, if I was in Scotland and opened the account at a terminal there I would certianly want to use the Scottish courts as they would be closer to me.
    However, if the amount was over £750 so that it fell over the Scottish small claimsicon limit but inside the English one, I would take my chances and issue the claim against the English head office of the company - assuming they were English and see what happened.
    Thankyou for speedy reply. Although I was pondering the internet banking issue I was hoping to hear that a branch opened account was also worth issuing against an English Head Office. Might still be worth trying. Depends on my friends claim - he thinks it'll be worth a lot more than the £750.


  11. #11

    Default

    Quote Originally Posted by BankFodder
    Yes it had occurred to me. I was hoping that no one would ask.

    I'm unable to give you an answer at this point. However, if I was in Scotland and opened the account at a terminal there I would certianly want to use the Scottish courts as they would be closer to me.
    However, if the amount was over £750 so that it fell over the Scottish small claimsicon limit but inside the English one, I would take my chances and issue the claim against the English head office of the company - assuming they were English and see what happened.
    Thankyou for speedy reply. Although I was pondering the internet banking issue I was hoping to hear that a branch opened account was also worth issuing against an English Head Office. Might still be worth trying. Depends on my friends claim - he thinks it'll be worth a lot more than the £750.


  12. #12
    Site Team The Consumer Action Group BankFodder's Avatar



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    Default

    Try it, but I think that they will knock you back.

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  13. #13
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    Default

    Try it, but I think that they will knock you back.

    MAJOR UPGRADE - March - SEE ANNOUNCEMENTS

    Warning: I use dictation software. Beware of homophones!
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    All attribution rights and moral rights in my copyright work are asserted
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  14. #14

    Default

    I think you are probably right. :?


  15. #15

    Default

    I think you are probably right. :?


  16. #16

    Default

    Why not make seperate claims for charges upto the 750 limit...piece by piece. If they settle the first claim then it they may just settle up the rest!!!

    Regards

    Just another 21 Banks to go......
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  17. #17

    Default

    Why not make seperate claims for charges upto the 750 limit...piece by piece. If they settle the first claim then it they may just settle up the rest!!!

    Regards

    Just another 21 Banks to go......
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  18. #18

    Default jurisdiction

    Where do I fall in the jurisdiction issue. My account was opened in a scottish branch, but I live in England. Is it still governed by scottish law or can I choose english.


  19. #19
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    Default Re: jurisdiction

    Quote Originally Posted by rosiesuz
    Where do I fall in the jurisdiction issue. My account was opened in a scottish branch, but I live in England. Is it still governed by scottish law or can I choose english.
    Start your own thread.

    MAJOR UPGRADE - March - SEE ANNOUNCEMENTS

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