5 years and not 6?

[jura]

I am just clarifying and making sure that I understand fully, everything!

 

Am I understanding correctly that you can only claim for 5 years in Scotland?

 

TIA

[scotia]

yes, the period of limitation is 6 years elsewhere and 5 years for us lowly Scottish folks..and a limit of £750 on small claims..there are moves to bring this in line with England etc by bringing small claims limits up to £5k, but this could take months or even years before it is implemented

[jura]

Thanks scotia, was aware of the £750 limit (after reading here) but the 5 /6 years thing only struck home tonight as I was adding up the totals! Thought I had better double/triple check and then ask!!!

 

cheers j

[fruitycar]

When I started out on my first claim I missed the 5/6 yr difference and although my claim went all the way to the Sheriff court, at no point was it commented upon.(earliest charge reclaimed was 28/07/2000 )

[JMio]

I'd chanced my luck with the BOS and claimed as far back as 2000, they settled out of court for all charges within 5 years, but stated that they would defend against anything prior to that.

 

Now, whether they would actually have defended or not, is another question, I decided to just take the money (+8% interest & £39 court fee) and run.

[Giveitback]

I have more charges in the year 2000-2001 than in the following 5. That was the year they messed e around big time, and I spent the last 5 paying it off. I'm tempted to go for the whole thing and see what happens.

 

What dop you reckon Scotia?

[Giveitback]

Sorry, should have added this at the time. If I was living in England, I could claim the extra, right? What if I were to move to England for the duration of this claim?

[JMio]

Sorry, should have added this at the time. If I was living in England, I could claim the extra, right? What if I were to move to England for the duration of this claim?

 

Good question & a very grey area...

 

I'd considered this myself as I now live in Carlise, BUT i'm not sure whether the fact that all my dealings were done whilst I lived in Scotland would have counted against me.

 

You could contact the Court and see perhaps?

[callumsgran]

I think some on here have 'moved' to england for the purposes of claiming charges back!

[blokey]

For county courts, you have to live in that county, and be registered on the voter's role (not to bring the claim, but if a bank checks, you can be done for contempt).

 

However, you rent a place over the border, register on the voters role. Then make your claim and you are fine.

 

This changes at a higher level as the court deals with the arresting judiciary. Ie commit murder in London and you don't get tried in the high court in Edinburgh, but that is irrelevant.

[yay]

Hi,

 

The English address requirement seems to contradict what is being said on other threads?

http://www.consumeractiongroup.co.uk/forum/scotland/5115-scotland-claiming-via-english.html

 

arrandolly

 

"This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way."