Scottish claim in London County Court -paperwork returned & told to claim in Scotland

[DundeeTim]

Had my completed N1 forms, particulars etc. returned today with a letter from LCC issue section saying:

 

"...I am unable to issue the enclosed claim as you will have to issue this claim in the Scottish Courts"

 

They've also enclosed a cheque to refund my £120 fee.

 

I don't plan on cashing the cheque but will return it with the claim forms etc. and a cover letter referencing the Civil Jurisdiction and Judgments Act 1982 etc detailed here: http://www.govanlc.com/jurisdiction.htm asking them to explain why they don't think this applies.

 

I'm pretty sure this is just a mistake by the court, but if anyone has successfully issued a claim fron a Scottish address in LCC and could they let me have details of their claim number to help convince the court that they CAN issue my claim against Abbey in England?

 

Thanks,

DundeeTim.

[susanm]

Do't know if you can use a scottish address, i thought you had to have a correspondence address in England or Wales. I live in NI and calimed in an English court but had to provide an English correspondence address.

[alanfromderby]

I believe that you are entitled to issue a claim at either your local court, or the court local to the defendant. The only "problem" with this would come if you have to attend court. I think you are correct that the court have made a mistake. Might be worth giving them a ring and quoting the references you have.

[bill-k]

I agree with Alan - but I have yet to find out if it's true. I have sent 4 claims to English SCC's, but haven't heard anything yet. None have been sent back on the above grounds, but one was returned as I hadn't claimed s.69 interest. Too right I hadn't - I claimed Contractual !!

I am sure that it says on the HMCS website that, as long as either the Claimant or the Defendant has residence (or offices) in England, then that's OK.

We'll see, I suppose....

[bill-k]

Sorry - forgot to clarify - I'm resident in Scotland - NOT Rome !!!

[rrfcfan]

Hi DundeeTim,

 

I am in a similiar boat, I live in the Highlands, just about to send N1 with a cheque for £120, did you manage to found out the nearest county court to Shabbeys registered address in Triton Square?

 

Any info you can provide will be greatly received!

[DundeeTim]

Sorry folks - should have posted an update earlier. Responded to the court with the following:

 

[cover letter with N1]

 

Thank you for returning the enclosed claim documentation and refunding my £120 fee.

 

I am re-sending these documents and returning your cheque, as I believe you are in error in your instruction that I will have to issue this claim in the Scottish Courts.

 

It is my understanding that The Civil Jurisdiction and Judgments Act 1982, as amended by the Civil Jurisdiction and Judgments Order 2001 applies to this case. In particular, Schedule 4 (paragraph 8) of the 1982 Act (as amended) provides that as a consumer, I can raise proceedings where the company is domiciled, in this case London where Abbey’s registered head office is seated.

 

Furthermore, It is my understanding that there is no clause in the terms and conditions with my contract with Abbey that confers exclusive jurisdiction.

 

In addition, if it is the case that exclusive jurisdiction applies, it is my position that this clause is an unfair term of contract in terms of UTCC Regulations 1999. Specifically paragraph 1(q) of Schedule 2.

 

In light of the above, please reconsider issuing this claim. I would also draw your attention to London County Court Case number 6CL01687 that I believe was issued under similar circumstances earlier this year.

 

If you decide you are still unable to issue this claim, please could you explain the reasons for your decision.

 

[snip]

 

The case no. quoted refers to Robertxc's claim.

 

My claim's now been successfully issued, already had 50% offer received and rejected, Allocation Questionnaire returned.

 

Waiting for court date now - still expecting a settlement but preparing for whatever Abbey tries next.

 

The Court address I've used is the Central London County Court:

Central London County Court

13-14 Park Crescent

London

W1N 4HT

 

Its all going like clockwork, and should do for you too. To avoid any unnecessary delay, I'd recommend a cover letter with your N1 quoting as much of the above as you want. This should ensure the claim is issued without a problem.

 

Hope this helps,

 

Tim.

[DundeeTim]

Duh - stupid forum markup!

 

That's "schedule 4, paragraph 8 of the 1982 Act"

 

I wouldn't quote the smiley!

[bill-k]

Well done Tim - if it happens to me I'll quote your letter - excellent, thanks. Either the court clerks are useless jobsworths, or they're just getting swamped and panicking !! I wonder. Probably both.

[rrfcfan]

Excellent letter Tim, Has all the info thats required, N1 form going off tomorrow with cheque and summary of charges. I'll be using my brother address for correspondence, as he lives in Central London how convenient!

 

BTW did you receive a GOGW from the Abbey after the LBA was sent?

 

Thank you very much!!!

[bill-k]

You shouldn't have to use an English address for correspondence. As long as the Defendant lives in - or has an office in - England, then you don't have to.

[Aaronsdad]

Thanks Tim, someone gave me your thread as a link but it was just as I thought and exactly what I needed!

Good luck mate.

A D

[Iain Smith]

Hey Dundeetim, Micheal Browne pointed out your thread to me and it looks like its going to help immensely as i live in Scotland and wish to make Claim against Nationwide for considerably more than Scottish SCC allow. How much did you claim for and how is your claim going?

 

[Phionna]

HIya

 

I am in Aberdeen - claiming against Abbey too! I am interested to see how this goes - hoping to get back £675 some time next year!

 

I will stay in touch...........

[DundeeTim]

Hi Iain,

claim was for 3.5K, interest, fees etc brings the lot up to just under 5K. Not heard a thing since returning the allocation questionnaire back in mid-September.

 

Hopefully will get a court date this year!

[Iain Smith]

Tim surely if that is the case then the 28 days have elapsed and you should have heard one way or the other? Or am i wrong in thinking this?

 

I see from your thread that you were offered 50% and rejected it, is this why your still waiting?

[DundeeTim]

No, waiting for my case to be allocated to a claim track and a court date given. I don't think there's any time limit in which the court must do this, and given the current workload at LCC I suspect there's quite a backlog!

 

Where did you get 28 days from & why would my earlier rejection of the 50% offer have any bearing on getting a court date?

[Aaronsdad]

I just talked to a very nice lady on the Money Claim On-Line help desk. It is perfectly acceptable to file on-line from Scotland if the defendant 'lives' in England. All you need is a name and address in England that correspondence can be sent to. It follows that all that person has to do then is write re-direct and put your address on. The person nominated will be your litigants friend, as is a solicitor or a 'McKenzie man'.

Looking at the relevant timescales between MCOL cases and postal cases this could mean the difference between filing in the next week or so and getting refunded before Christmas or waiting until well into the New Year.

 

Good luck all.

 

A D

[doofjock]

Thanks for this thread!! I'll be watching with "interest".... I live in Fife and will neadless to say be following a similar plan of action to regain a lot of charges(amount not known yet!) thanks

[DundeeTim]

Received notification today that the court has decided "of its own initiative without a hearing" that this case be transferred to the Mercantile Court.

 

Apparently I have 7 days to object to the order, apply to have it set aside, varied or stayed.

 

Will do some reading around this weekend to see what it means, but at the mo' have no idea if this is a good or a bad thing? Does this then open up liability for costs if things go the wrong way?

[karencupit]

Hi Tim, I don't know a thing about mercantile court but did spot a sticky by bankfodder which he suggests is a must read for those transferred to mercantile. see below, hope it helps!

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/announcement-center-important-document-all.html

[Punjaban]

I am claiming for 1200 in charges and interest occured, will i be able to claim in small claims court?

[rory32]

Small claims court in England or summary cause in Scotland (very similar to Scottish small claims procedure).