Paul23870 V Abbey (Scotland - need help please)

[paul23870]

Hi, have received "ACCOUNT ADJUSTMENT" of £430 into my account on same day shABBEY received my recorded delivery letter (LBA) claiming £720 in charges.

No letter/ e-mail from them at all.

Do I write back and aknowledge this payment and minus it off my claim OR continue with my court case anyway and ignore it (as they haven't informed me what it relates to)??????

Thanks, Paul.

[paul23870]

Hi there, I have previousely won a case against Abbey in London by going through my local Sheriff Court here in Airdrie, Scotland but this time I have received the following letter back from the same court (I have missed out the unimportant bits)......

 

 

"I return Small Claims Forms 1 and 1b as there are no grounds of jurisdiction that would allow this court to deal with the case. Jurisdiction is normally based on the domicile or place of business of the Defenders.

In cases such as these we suggest that the local branch of the bank be given rather than the head office. However, as you will be aware, there are no branches of Abbey based within the jurisdiction of Airdrie Sheriff Court and therefore I can see no basis for the action being raised at this court.

I enclose fresh Forms 1 and 1b which you may wish to complete giving your nearest Abbey branch address as the Defenders' place of business. Provided reference is made to the grounds of jurisdiction within the statement of claim, this amended Small Claims action can be lodged at the relevant court."

 

 

By the way, their statement that there are no branches of Abbey "within the jurisdiction of this court" is incorrect. My local branch is in Cumbernauld which is within the jurisdiction of the court.

I was always under the impression that I can raise a claim against somebody at the court nearest to where I live. I dont want to raise the court action at a court in London due to the distance involved.

Any suggestions here??????

[paul23870]

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[Bookworm]

What's your problem?

 

You start a thread here, we don't know what it's about, I'm going to assume you have already a thread, maybe more, running. Are WE supposed to go look for it to help YOU?

 

On top of which, there are currently 266 people online and only 3 mods on and 1 site helper.

 

Do you really think your attitude is going to make you a priority when we have no idea what you're on about?

 

If you need help, please:

a) post a link to your existing thread.

b) in future, keep to that one thread

c) ask nicely and don't expect people to just come running. This is first and foremost a self-help forum.

 

Thank you for your cooperation.

[traceyrmj]

dunno abotu scottish law but do you hav the option of filing online? as they are never likely to let you set foot in a court room the travelling to london for a hearing is unlikely and oyu can petition the judge for reasonable travelling expenses unless they aggree to move the case to a mutually agreed court? just a suggestion

[Glenn UK]

BTW do you realise this is a self help site?

 

If you are posintg in response to your thread about your case in scotland its only been a few hours or so.

 

People all have their own lives to lead and will usually help if they can.

 

Glenn

[KAB]

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A bit perplexed as to your thread..is there something you are looking for?

[barracad]

It seems fairly straight forward to me - you are trying to use the Scottish Courts to take action against a bank, whose registered office you have listed on the form as being in England.

 

This falls out of the jurisdiction of the Scottish Court system. You have two options:

 

a) File the claim at a Scottish Court listing a Scottish branch as the Defendant

b) File the claim in an English Court listing the Registered Office as the Defendant.

[paul23870]

This topic was closed on 03/06/19.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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