This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Hi all Apologies if this has been covered but I have researched til I am blue in the face and could do with a slight issue of guidance. I live in England and bank with the bank of Scotland - my branch is still in Scotland. Have sent off my initial letter requesting repayment today (£9147) but am trying to arm myself with as much info as possible. I have found the Govan Law Centre invaluable for issues of Domincile and understand that I can claim using my local court in England as that is where I live. The Govan site also touches on domincile issues but I cannot seem to find a definitive answer to my predicament. The problem I have is my account was opened in Scotland when I was living in Scotland and having requested a copy of my accounts T&C's is states 'The law of Scotland applies to our relationship with you'. Does anyone else have experience of this - would you know if when the inevitable court papers are filed I am likely to have an issue due to jurisdiction. Any advice would be most gratefully accepted - have already put this claim off for the last 7 months! Unforgivable really!

Thanks for the messages so far and apologies - forgot I had started another thread! I intend to go to Court in London which is where I am based and to stay within the small claims track. Will post off my initial request for payment over the weekend and keep you up to date. Thanks again x

Hi folks Sat down last night with 6 years worth of statements and finally added them all up - grim reading at over £10,700 in 6 years! I have read all the FAQ's and am quietly confident but one or two things I would love clarification on if anyone has been in a similar circumstance. Firstly I live in England and acount is in Scotland but as I am the consumer I believe it is my right to go to my local court? Secondly as I am talking of reclaiming such a large sum of money I am so concious of the small claims limit so I will initally be putting in a claim for £5000 (with interest on top obviously) and am imagining the prudent thing to do is go back to the furthest statements that I can and work my way up? Am sending the letter to the bank today requesting repayment and I presume I should ask for the full amount and then drop it to £5000 should it come to formal court proceedings! Sorry if these things have already been answered -I have been looking for solutions but don't want to get it wrong as we are talking serious amounts of money!! Wish me luck - god knows I will need it! A x

Hi Scotia Was wondering how your claim was going - think I am up to about £5000 from the bank of Scotland. I live in England but my account is held in Scotland so have been reliably informed I must claim through the Scottish Courts System. A lawyer friend of mine (albeit in English law) recently told me that putting in multiple claims to keep below the £750 limit would be an abuse of process?! Have you heard anything to that effect? Thanks X

Hi all Been reading this site for a while but only just decided to take action. After paying my inital £5 for copy statements I received the last 2.5 years immediately (all that they had on the current system). Have just totalled the charges up on this and it is over £3700. I knew it was bad but nothing could have made me believe it was quite this horrific. I intend to go through the remainder of the 6 years this evening before sending off my letter. Unfortunately although I am based in England my account is still held at the Paisley branch of the BOS. A relative works for the Scottish Court system and after investigating this it looks as though I will have to go through the Scottish Courts which is dissapointing due to the small claims limit. Am still awaiting advice on whether I am able to process multiple claims but will keep you up to date on my progress. Seems like a lot of effort but small fry for the amount of money I have been charged!

Hi there I have also incurred thousands of pounds worth of charges on my BOS account which I have had for about 11 years now. Over the last 6 years the charges have been relentless and pretty substansial. I have to admit a lot of the going over the overdraft "unauthorised borrowing" was my own fault but it is only upon reading this forum and seeing the law laid down in black and white that I have have come to the conclusion to do something about this. Have just spoken to someone at RBS customer services today and they are going to send me 6 years worth of statements (for a charge of £5). Funny that initially they said they couldn't do this but as soon as I mentioned the Data Protection Act and the lady spoke to a supervisor it suddenly was not such a difficult task. Apologies if this has already been answered but I have checked through the forum and the FAQ's and cannot see an answer. My branch and my account are based in Scotland but I live in London and have done for 6 years. Am I likely to fall foul of the small claims limit for Scotland? Thanks