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Bank of Scotland charges reclaim from England - small claims?


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Hi I've got to the stage where I have to file an N1 form to reclaim charges from the BoS.

 

I've thought about filing against the Halifax in Leeds but I suspect that they might avoid the action, so my question is can I file in Cambridgeshire county court agains the BoS head office in Edinburgh? I'm not sure about cross-border actions.

 

Thanks!

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Why do you want to file in Scotland? By doing that you risk the case being transferred to a Scottish Court, so unless you're familiar with the processes there it may be best to stick to an English address, such as your local branch.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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There are no branches of the BoS in England.

 

I phoned the county court and they said that I could quote a standard phrase to invoke jurisdiction in Scotland. I'm looking it up but if anyone can quote the relevant phrase it would save me a job.

 

I understand that there's a possibility of transfer to a court near the defendent (i.e. in Scotland) but then again isn't that just a request isn't it - you don't have to accept the transfer?

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Hi,

 

In general, you're supposed to sue in the court nearest the Defender. So, if you were suing an individual you would have to do it in the court nearest them. However, as a consumer you are entitled to sue in the court nearest you. In practice, it means that if you are on the other side of the border from your bank, you can choose where to sue them.

 

In my claim against Capital 1,(Head office in England) I claimed in Edinburgh Sheriff Court and put on my claim form, "Edinburgh Sheriff Court has jurisdiction as the monies are to be paid to the persuer in Edinburgh." and they paid every penny claimed, including Interest.

 

Regards.

 

Scott.

Edited by maroondevo52
 
 

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Thanks, that's what I thought, yes the wording in the English claim refers to an act, probably the County Court Act. I can't find it tonight so I'll have to phone them up for a quote.

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What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks - I did try searching the site but couldn't pick this out of the haystack - this looks like it - 'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act.'

 

 

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I believe that's right.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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