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Scottish repossession by english company


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Hi all,

 

Hope someone can help me.

 

I have a secured loan with one of the big tv loan shark companies. In the terms and conditions it states that English law is what they go by but I live in scotland. Surely if I default they cannot repossess my house through the english courts. advice greatly appreciated

 

mac

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Hi all,

 

Hope someone can help me.

 

I have a secured loan with one of the big tv loan shark companies. In the terms and conditions it states that English law is what they go by but I live in scotland. Surely if I default they cannot repossess my house through the english courts. advice greatly appreciated

 

mac

 

They will still be able to litigate against you in Scotland.

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Hi Monty, i Know they will be able to litigate, but surely that would have to be done through the Scottish legal system and in the local sherrif court ?.

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If the agreement was made in Scotland then Scottish Law applies. It is possible to obtain a Judgement in an English court in some circumstances, however enforcement would need to be authorised by the correct jurisdiction

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Thank you all for your replies.

 

Ok so if the worst comes to the worst and I default because of redundancy then FirstPlus will have to go to a scottish court to start proceedings against me.

 

Does anyone know of any threads on cag that I can read and prepare for this situation (which hopefully wont happen). I have read some threads about repossessions to find out it is in england so doesnt apply to me.

 

Again thanks for your advice

 

Mac

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If the agreement was made in Scotland then Scottish Law applies. It is possible to obtain a Judgement in an English court in some circumstances, however enforcement would need to be authorised by the correct jurisdiction

 

The Pursuer must bring the action in the Jurisdiction in which you have resided for at least three months. Even if the agreement is made in England they can bring action within Scotland where you reside and vice versa.

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