submitting a claim in scotland against england

[mackie68]

hi all,

went to start small claims process this morning at local sherriff court in hamilton against RBOS, CAPITAL 1 and BARCLAYCARD, they allowed me to begin RBOS one but said i could not start one in their jurisdiction against cap 1 and barclaycard due to their addresses being in england.

does anyone know how i raise small claims in scotland against a company who's address is in england

[Tom Carter]

I thought you could start an action at your local sheriffs court even if your bank has an english address. Mine is against Halifax using their registerd offices in Halifax and i had no problems.

 

Check goven law center Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK

 

I think you have been given the wrong info

 

Tom

[arrandolly]

Always better though it seems to use English system if your Bank has an English address. First because their minimum claim is higher (£5000 as opposed to £750), but also because the English Small Claims staff are so much more clued up about how to go about it!

 

Simply use N1 form downloaded from here, (can't use Money Claim Online if your address is in Scotland) and send to the nearest County Court of your English Bank's address.

 

Aw ra best

[gargoil]

Please explain why staff in English courts are more clued up than ones in English courts? Been to two courts in Scotland and they seemed pretty clued up and from other forum members experiences at other Scottish courts there has not been a problem! :S

[lauders]

Hi

 

I went to the Sheriff Court in Airdrie last week to find out how to claim back £2500 from the Halifax. Was under the impression i could break my claim up so it can be processed through Scottish small claims but the woman in the Clerks office said that was illegal!!!!

 

I'm totally confused now and thinking about starting action in England. It's been 2 weeks now since the deadline I gave them to respond and really don't want it all to go cold.

 

Any advice?

 

Thanks:)

[arrandolly]

Maybe it's just my own experience from Oct/Nov last year when not so many claims had been made. Was given really duff advice from Glasgow Sheriff Court that almost had me going down the road of quoting some European Convention legalese speak on my claim. A quick phone call to Leicester County Court sorted the whole process out easily.

 

I imagine the court staff are now getting pretty experienced in these bank charges claims!!

[nikkiandmidgets]

Hi, does that mean you use the N1 forms if you dont have an address to use in England for correspondance but can use Money claim online if you do? Or do you need an English address in either case? Am still at early stages (SAR's sent out) but just trying to get my head round the future processes!

[mackie68]

right,

went back armed with info from Govan Law Centre site and told them i could and i was and i did. so you can start proceedings on english firm from scottish sheriff court, now i wait to see if they respond.

 

ps after i started proceeding capital one offered a measly £56 as settlement.

lol

[grahambl]

Use this in your claim (box 7) if claiming against a English bank in Scotland.

As per the terms of the Civil Jurisdiction & Judgements Order 2001: “Any proceedings which by virtue of the Article 16(1) (consumer contracts) are brought in the United Kingdom by a consumer on the ground that be is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.” The claim is therefore under the jurisdiction of this court.