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I'm in Scotland, where to send summons?


JasonW
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Hi, been through the 3 letter motion with david just, and as suspected, didnt get anywhere. I'm claiming about £360 worth plus interest and costs. Since Ive never dealt with my branch at all during this, I went straight to the customer complaints address, do I just send the summons there? Also, as Im in Scotland is this OK to do? Is there any reason I cant use the moneyclaim site even though Im in Scotland? It doesnt actually say anywhere that I can see that I need to reside in england/wales...

 

If I can use moneyclaim, do I choose a court near to birmingham?

 

It's all a bit confusing with the scotland/england divide.

 

J

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Not really. As you made the contract in England it is subject to English Law.

You can use Moneyclaim but you will need and address in England where documents can be served. You should also point to the black donkey that if you have to travel to England for the Court hearing, when you win you can claim reasonable travel expenses

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Excellent, thats better news in that case!

 

Can you please clarify 'you will need and address in England where documents can be served' ?

 

Is this an address where the documents will be sent to Lloyds? If so I was going to send them to david just unless you advise against this and other members have an alternative address?

 

Thanks

J

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No. You will need an address where documents can be sent to you.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Damn. Is there an option to send them c/o someone but not involve them OR their address in any way? ie not have my name on the letters sent, but they can then forward to me?

 

Thanks for your help.

J

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I'm sorry but I haven't noticed that you have said at all where the contract was made.

 

Also, how much are you claiming?

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Ah! My fault. I foolishly assumed that as it was Lloyds you had made the contract in England. Sorry to have misled you. IT is subject to Scottish Law.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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OK no worries, I thought you meant since Lloyds is an english company. No harm done, changes things again. I guess Im back to my original question then about what court to claim in, and where to send the summons to! Can I fill in the scottish small claims summons and send to THEIR local court or does any case need to be conducted in Scotland?

 

J

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OK the applicable law is Scottish and the case will have to be heard in Scotland.

You ar lucky as the Scottish Small Claim limit is low - £750 but you still fit in. Check the Library for links to the Scottish Civil procedure rules and also links to the Scottish Court service.

 

However, all the law and the regs are the same. Go to the Helpful organisations section on this forum and take the link to Govan Law Centre which is Scottish and very experienced in bank charges.

Keep us posted.

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Regards interest - it's not compound its simple

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  • 12 years later...

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