Could you phone the court and ask for the procedure ? They were quite helpful when I rang with questions. ps - I sent you a pm which was related to you making a claim in England. Don't want to hikack you thread though. Thanks edit - that's 3 of us suggesting you phone then.. seems to be a concensus!

I think you are liable for costs in a Summary Clause case if you lose. Not sure if there's a limit but it's worth finding out as some people may not be willing to persue this route if that's the case. I spoke to somone at Glasgow Sheriff court yesterday and they suggested I could try and lodge a cliam in England against a Head Office. He said if it came under 'Civil Jurisdiction and Judgments Act 1982' then there shouldn't be a problem. After googling this act and reading various things I was none the wisaer, perhaps one of our more legal minded bods could take a look ? Their is an explanation of Summary Clause costs in part 4 of the guide in the link provided about bu fruitcar or her http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/guidance_04.pdf[/url]

Thanks. So are you using 6 years and £5k ? If so this will havew a great deal of imapact on other members who bank with Banks based in England.

Are you suing in England because your contract falls under English Law or beacuse the defender is in England? If the contract was made under Scottish law are you using the English laws to sue - i.e go back 6 years instead of 5 in Scotland and max £5k instead of £750 ? Id so, has anyone confirmed that this can be done ? Thanks

Going back to my original post - do you think I should try and get thes 'total charge ' or 'charge' explained by requesting a proper breakdown over the last 6 years or do would it be worth just claiming stating these non-specific amounts ? Also - given the person who this is for still has an overdraft , should I advise him to move everything to another bank account that he has already got before embarking on this ? I have been reading around the site and doing searching but haven't yet found anything that's gives clear guidelines on this . Your input is much appreciated.

Thanks. I think I will leave that out as seems a bit convoluted.

. In English procedure, the Small Claim limit is calculated before interest and fixed costs are added. Thanks I'll try and confirm that one way or another.

Sorry - please explain.. now more confused ?

Thanks. I wonder if anyone has done this in Scotland already and been successful.

Thanks - I saw that in one of the stickies .. however I think the interest will be counted in the £750 limit so I will choose a date to go back to that allows for this when the reject my first letter and I have to make a claim.

I'm helping my pal draft a claim for charges under Scottish law. Please could someone clarify a couple of questions as there seems to be no dedicated Scottish board ? The total of all charges over the 6 years is just under £ 3000 including interest at 8%. These are all listed as either ‘TOTAL CHARGES’ or ‘CHARGE’ on the online bank statements so I can’t break them down any further as they are non-specific. As the limit in Scotland for small claims is £750, would my best route be to claim for amounts somewhere under the £750 as a single claim – say back to January 2005 and await the outcome before making a second claim and so on ? Or should I send say 4 or 5 separate claims at the same time ? Cheers

I think you are probably right. :?

I think you are probably right. :?

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.

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.

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

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

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 ?

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 ?

Read the 'where to start' thread by milliesmum - she asked the same question and the reply was - YES up to 6 years back.

Read the 'where to start' thread by milliesmum - she asked the same question and the reply was - YES up to 6 years back.