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

Of course your RBS 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 ?

Of course your RBS 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 ?

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.

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.

Cheers

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

Cheers

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

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 claims 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.

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 claims 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.

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 claims 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.

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 claims 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.

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

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

I think you are probably right. :?

I think you are probably right. :?

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

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

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.

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.

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