About to start a claim...in scotland?

[eeloojon]

Hi I was about to use the money claim online service but I need to be in England or Wales?

 

How do I do this in Scotland?

[BankFodder]

I'm afraid that one of our weaknesses at the moment is that we have no one with real Scottish experience.

Go and have a look at Govan Law Centre who will porbably have some good infomration. There is a link to them in our Other Helpful Organisations section.

 

If youphone them, please let them know who told you to go to them.

On the materials section is a link to the Scottish procedure rules. They aren't too difficult.consumer forums

consumerforums

Also, call the money claim help desk - link n the library and they may give you specific advice.

Please do let us know what happens as we need all of the information that we can get. Also, I am sure that lots of our information and experience is relevant to you.

[Robertxc]

I'm afraid that there is no equivalent to Moneyclaim in Scotland, so you have to do it through your local sheriff court. If the amount you're claiming is less than £750 you need to go on to raise a small claims action, which will cost you £39. You can download all the forms and guidance you need here: http://www.scotcourts.gov.uk/. Also, if you need any advice on procedure I strongly recommend contacting the Sheriff Clerk's Office at your local court. I have spent a ridiculous amount of my time in my local court making sure I don't get screwed by some big company, and I can say that the people in the clerk's office have been, without exception, friendly and helpful.

 

In the event that you actually have to appear in court (unlikely, for bank charges), remember that you have one big advantage over the lawyers, which is that because you are representing yourself the Sheriff is obliged to help you as much as possible, wheras the other side - since they have to be members of the Law Society of Scotland - will be expected to have all the "i"s dotted and "t"s crossed.

[hedron]

Any update here? I am in Scotland too

[itswasmethen]

Hello, why is it we as Scots always get the bum deals as the Halifax is taking well you know what I am saying as the law here in Scotland states in the small claims court we can only claim up to £ 750.00 ?? the Halifax owes me £ 4.619.00 ?? so what do I do ?? :confused: as its well not fair your Bank accounts in England and we have to use Scottish Law to claim I just got a letter from the Halifax stating that the bank charges leived from my account was "just and fair" I don`t think so, So what do I do now ?? can anyone help please.

 

Many thanks,

itswasmethen:)

[bsia666]

I live in Scotland and am using the MCOL system, my claim is against the A&L. I have followed all the standard methods on this website and I am at the stage of waiting for an Allocation Questionnare and or getting directions from the Judge - Court.

When you fill in the MCOL form you have to fill in two addreses,

 

First box has a heading "Claimant".............I put in my name and address in Scotland in there

 

Second box has a heading "Address for sending documents or payements(if different)".................I put my trusted friends, flat address in there.

He commutes their weekly and can bring any correspondance with him. He has brung up documents twice.

 

I am fully aware that I may need to attend court in England sometime in the future. My claim is for appox £3,500, I was told by a friend that you can also set up a mailing address - box (google "Mailing box" for info re this) for use in this type of claim (MCOL), but I cant confirm this as fact. I also have a sister in Wales who could have forwarded any corresspondance to me ,but I chose my friend as he is on the ball with matters like this.

 

I have invested In Judge Patricia Pearls book, "Small Claims Procedure: A Practical Guide"..........an easy read for me , and must be the same for anybody else as I dislike reading (I fall asleep). I RECOMMEND buying this.

 

File all your paperwork properly as this will save a lot of your time at the end of your claim, I did not do this and am having to go over all my documents , filing , indexing and sorting (TEDIOUS, grrrrr).

 

Wishing you all the best in your claim.

 

William

[Gwenniec]

I am making a claim against AA visa card which I believe is administered by the Bank of Sctoland and Halifax. i tried to put the AA card address in Moneyclaim but as it is in Scotland cannot make the claim in this way unless I can provide an address in England. can anyone advise me on what to do next PLEEEEEEASE!!!!!

[Gwenniec]

I forgot to say I need to know whether I can put the BOS and/or Halifax on the form or does it have to be AA Visa Services? I am getting a bit confused here - be grateful for any help.

[Dusary]

OK.

 

Hi everyone!

 

For MCOL claim - you require an address in England. Use a willing friend's or a family member's.

 

For FOS claim - you can only claim the charges - not the 8% interest or even the contractual interest.

 

The correct correspondence address is:

 

HBOS plc

Customer Relations

Trinity Road

Halifax

HX 1 2RG.

 

Judging by my experience (and the experience of others) send EVERYTHING by REGISTERED POST - not Recorded.

 

itwasmethen:

I just got a letter from the Halifax stating that the bank charges leived from my account was "just and fair" I don`t think so, So what do I do now ?? can anyone help please.

 

This is the standard response - just keep going! Follow the step-by-step instructions here in the Forum.

 

There are some of us going way back beyond 6 years'-worth of charges!

 

 

Above all - don't panic. Stick to your time-scales, not theirs!

 

Read around other peoples' threads - you'll find that very helpful!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland.html?highlight=dusary+v+hbos

 

Have a look around the Scotland forum and the Halifax & Bank of Scotland Forum as well.

 

Please start your own threads there - it's easier to follow your progress!

 

Good luck! Remember it is your money!

[Dusary]

PS. Also look at Successful Claims - and those threads that have this sort of thing:

 

"Joe Bloggs v Thieving Bank ***WON***"

 

You'll be mightily encouraged!

[Gwenniec]

Thanks for your help - I actually live in England it is the AA visa card address which is in Scotland. Will I need to start the process all over again if I contact the address in Halifax which you gave me?

[eeloojon]

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