Jump to content


Want to claim but Scottish reg address


Please note that this topic has not had any new posts for the last 3845 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Moved to the Scotland Forum.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

Q, I have flagged your post for the site team:)

 

If I recally correctly, the address you have been corresponding with is in England isnt it ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi,

 

 

I'm sure you can start your claim at your local county court.

 

Your Particulars of Claim must contain the following statement if you are using a defendant's address outside England/Wales:

 

"'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."

 

Please note that if you do this, then the period of time for the defendant to file the acknowledgement of service or the admission is extended from 14 days to 21 days from the date of service of the claim (if the particulars of claim are served with the claim form) or 21 days from the date of service of the particulars of claim if they were not served with the claim form - remember, the deemed day of service is two days from when it was posted.

 

The time for filing a defence is 21 days from the date of service of the particulars of claim or 35 days from the date of service of the particulars of claim if the defendant has filed an acknowledgement of service.

 

 

 

I'll have a look around for some more info.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Your Particulars of Claim must contain the following statement if you are using a defendant's address outside England/Wales:

 

You'll also need to file a form N510 Service out of the Jurisdiction and tick the appropriate box.
  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks very much - the lady at court mentioned this too.........

 

"'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."

Link to post
Share on other sites

Moneyclaim has now changed their online form. You can now enter addresses as long as they are in the EEA. You no longer have the boundry issues between Scotland and England. You can now live in Scotland and sue someone in England (using your scottish address) and vice versa.

  • Haha 1
Link to post
Share on other sites
Moneyclaim has now changed their online form. You can now enter addresses as long as they are in the EEA. You no longer have the boundry issues between Scotland and England. You can now live in Scotland and sue someone in England (using your scottish address) and vice versa.

 

 

Thanks for this little snippet :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • 1 month later...
  • 2 weeks later...

Irrespective of the court being used, are these charges you are pursuing arbitrarily reached? (By that, I mean without their express agreement?).

 

Speculative actions like this are often treated with contempt, and any action you raised can be transferred to the relevant court (in this case, Scotland). This can then turn the tables on you, in that they appear and you do not, with the result they request expenses and your costs go up again.

Link to post
Share on other sites

"Irrespective of the court being used, are these charges you are pursuing arbitrarily reached? (By that, I mean without their express agreement?)."

 

 

To be honest, no DCA is ever going to give their "express agreement" to your admin fees.

 

Also it seems that judges are unhappy about DCAs that want to make a huge fuss about a simple small claims fee, such as a charge for a letter, telling us that such a commotion is "disproportionate to costs"...

 

Of course it is not rocket science but one has a choice of either letting DCAs/Banks treat one like **** or fighting back here.

 

I took the latter course of action. Others must decide for themselves.

 

 

:)

Link to post
Share on other sites

Hi Questioner

 

A question for you now ! I am in a similar position suing in England a Scottish DCA for wrongful harassment (alongside an English utility company). I've just been to the court as the judge has said I now have to complete N510. The court were unaware and didn't really know which box to tick ! Nor does any box have the exact wording above in this thread - but they are all so similar !

 

So they said to tick the first box (related to "proceedings in which rule 6.32(1)(b)(i) or 6.33(")(b)(i) applies" - does this sound the same ? - the entire wording is somewhat lengthier !!!

 

Thanks if you have the answer !!!

Link to post
Share on other sites

I am sorry - I don't think this sound very familiar or quite the same as my issue.

 

Mine was just a simple small claims matter over an unpaid admin fee and not like your harassment situation, although I am sure there must be similarities ..

 

Perhaps others with more legal know-how could shed more light on it for you?

 

However - I can see the format similarities that you allude to...

Your N510 has....

“I state that the [High Court of England and Wales] [ County Court]

has power under the [Civil Jurisdiction and Judgments Act 1982] [Judgments Regulation (as

defined in CPR rule 6.31(d))] to hear this claim, that the defendant is domiciled in [the United

Kingdom] [a Member State] and that no proceedings are pending between the parties in the

courts of any other part of the United Kingdom or any other Member State.”

Mine has .....

"'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."

 

They are in fact very similar so perhaps you are indeed on the right track.

 

 

Do get it checked first though ok...

Edited by questioner
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...