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clarification please? HBOS customers in scotland can claim via english system?


CJ&theBOS
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Hi can i just clarify this.

 

If a bank has 2 head offices. One in scotland and one in england (as is the case with HBOS) then the customer/claimant can claim from either one. So someone living in scotland can claim through the english courts if they submit their claim to Halifax trinity road head office.

 

Would save a lot of hassle for a lot of ppl re: severing claims.

 

thanks

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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ok am sending prelim (for £2341) off to HBOS Group english head office at trinity road anyway using my scottish address. If need be i can provide an english forwarding address in future.....

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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If you're going to court, then you can claim in England as long as you have and English address. I don't know the system as I'm claiming in Scotland, although I am considering finishing the process in England.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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hi there from reading other threads i have gathered that you do not even need an address for yourself in england it is enough that the bank has one there. the english court is happy as long as one party resides there and can serve papers on a scottish address.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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  • 2 weeks later...

cheers dudes.

 

im starting in scotland but going to court via english system (moneyclaim) as it seems a bit more straightforward and its also possible to claim the 8% interest.

 

ie

send LBA

wait 14 days

fill out online moneyclaim form and submit

wait to see if bank defends

WIN!WOOO! :-D

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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No, no, no, no, this comes up time and time again. If your bank address is in England then it does not matter that you are in Scotland. It is the defendant's address that is the important one.

 

You cannot use the Money Claim on Line if you have a Scottish address!

 

Simply download the N1 form from this website and complete manually and send to the local English County Court for your Bank's registered office.

 

It is much better if your bank has an English office address for 2 reasons:

 

You can claim up to £5000 whereas in Scotland you can only claim up to £750

Papers are served to you in Scotland by an English County Court anyway

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Just remember if you do this you may actually have to travel down to England to attend court. If either the pursuer or defendant are resident in England you can take action using th eenglish system.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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so in summary - Scottish address claim in England on HBOS - may have to travel to court in Halifax. English address of my choosing, may have to go to court nearest to that address.?

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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No, no, no, no, this comes up time and time again. If your bank address is in England then it does not matter that you are in Scotland. It is the defendant's address that is the important one.

 

You cannot use the Money Claim on Line if you have a Scottish address!

 

Simply download the N1 form from this website and complete manually and send to the local English County Court for your Bank's registered office.

 

It is much better if your bank has an English office address for 2 reasons:

 

You can claim up to £5000 whereas in Scotland you can only claim up to £750

Papers are served to you in Scotland by an English County Court anyway

 

thanks. I have a relative in england who i may be able to use as a forwarding addresss so i should be able to use moneyclaim online yeah?

 

I agree it seems a much preferable route to go through the english system. (£5000 small claims limit)

 

Any chance a mod could put the pertinent information in the Scotland guidelines sticky for others who ask about this. Or put it in the relevant bank forum stickies e.g. Halifax and Bank of Scotland (as both have english and scottish headoffice ie HBOS group)

 

Would save a lot of people severing claims no?

HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

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Certainly this post is of interest to me as I'm going to chase the Halifax all the way on my current account charges. I could use my uncle's address in England for the papers to be sent to, although I'd much rather keep this to myself. (He's actually a Trading Standards Officer so it would be good to have him looking through the papers!)

 

I didn't know about the possibility of just using the manual forms to lodge a claim, so that may be another option for me. Happy to travel to England to follow this claim through! It's my money after all!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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