Mur V Bos

[murmagic]

Hi all

Im filling out the court form and would like to know in the defender section can i just put the BOS or do i need a name.And when claiming for £750 does that include interest or does the court add that on after.

thanks for any help

[detones]

it costs exactly the same as a small claim, £39. the sheriff officer is seperate from the court, i was caught out with that one. it was cheaper for me having a solicitor issue the summons, £15. plus their office was right next to the bank they were issueing the summons to. i did contact the nearest sheriff officer (16 miles away) and they wanted £32 to issue summons.

[murmagic]

Hi all

Does anyone know if when im filling out the court form and it comes to the defendant section, do i just put the banks name or would a need a name of a person?

cheers for any help:confused:

[murmagic]

I'm filling in my court forms but im not sure what to put down for the defendant,is it my local Bank Of Scotland or do i need a persons name?

Thanks for any help

[Guest Battleaxe]

It's the Bank of Scotland. No person's name is needed

[batty_uk]

i just put for the attention of the manager

[Guest Battleaxe]

Just the Bank of Scotland and the address if it the N1 or MCOL

 

Mine was Alliance and Liecester plc

Carlton Park Narborough

Leicester

 

(this is the corporate office)

 

Mods please correct if I am wrong.

[buzby]

No, the bank name is fine, and their HQ address for service. If you can be bothered, you could phone the bank saying your arranging service of a court action and did they have any preference of who/where it is served. If they provide an address that is different from the usual HO address, modify the last line of your statement of claim that service to the amended address has been requested by the defender.

[murmagic]

Cheers for that.Does any one out know the Head office address for the Bank Of Scotland for issueing my court papers or can i just issue them to my local branch?

[buzby]

No - Head Office, not the Branch. They're address is The Mound, Edinburgh - not sure of the postcode, you'll need to look it up. EH2 I believe...

[stevokenevo]

Im on my second claim, for my first, i made mine out to the 'branch manager' at my local branch and i didnt have any problems!!

[buzby]

Im on my second claim, for my first, i made mine out to the 'branch manager' at my local branch and i didnt have any problems!!

 

You are quite lucky they didn't let you reach the Return Date then appeal any judgement on the basis that the serving was incompetent. All legal actions must be served on the Registered Office address of the limited company or Plc.

[smoorach]

i was advised by the sheriffs officers in perth to use bos address at rosyth this way its a postal deliver which with the sheriffs office is also £15.00. this the head office for their customer relations

 

BANK OF SCOTLAND

CUSTOMER RELATIONS

VIKING WAY

ROSYTH EUROPARK

ROSYTH

KY11 2UU

[smoorach]

i was advised by the sheriffs officers in perth to use bos address at rosyth this way its a postal deliver which with the sheriffs office is also £15.00. this the head office for their customer relations

 

BANK OF SCOTLAND

CUSTOMER RELATIONS

VIKING WAY

ROSYTH EUROPARK

ROSYTH

KY11 2UU

 

WITHING SEVEN DAYS OF ISSUING TO THIS ADDRESS I HAD THE MONEY IN MY ACCOUNT

[stevokenevo]

You are quite lucky they didn't let you reach the Return Date then appeal any judgement on the basis that the serving was incompetent. All legal actions must be served on the Registered Office address of the limited company or Plc.

 

Well the return date for my second claim has passed, and they have lodged there normal defence with intention to appear, just as they did the last time, so it doesnt seem to make any difference, Surely if all legal actions must be served on the registered office of the limited company or Plc, the clerk in the court should point this out when you lodge the claim, they do check it for you after all, and its not up to us to know the finer points of law to raise a small claim. Im not trying to be picky but i think its a bit much to suggest it is incompetent to serve the claim on your local branch.

[buzby]

Surely if all legal actions must be served on the registered office of the limited company or Plc, the clerk in the court should point this out when you lodge the claim, they do check it for you after all, and its not up to us to know the finer points of law to raise a small claim..

 

I do not know how better to explain this - any action can be deemed as 'incompetent' if challenged and upheld by a Sheriff/Judge. Expecting untrained office staff to 'bail you out' or correct errors is a nice idea. They can be helpful, but they are neither legal experts or professionally qualified. Service a summons on a local branch is sloppy and can lead to error - and possibly your action being struck out. For all the time it takes to discover the correct address to prevent anything else gonig wrong is time well spend. As to the Sheriff Officers recommending service on a branch office, they ought to know better - but then, they are only paid to serve documents not provide legal advice.

 

Firms have right to be able to defend actions, and their Registered Office is there for that very purpose. If you inadvertently served papers on a branch that closed, had changed institution, or the local branch unused to receiving such mail simply 'lost' it, any resulting action could be recalled and you've wasted your money - service would have to be raised again and a fresh fee paid.

 

Having issued 14 actions using the Small Claims track, without exception all were served on their RO address. As to staff not advising you, something as elemental as this is a case in point, they don't know the RO address of every company sued, but they would at least expect the pursuer to know this. Next time when lodging an action, just say "this is the local address, not the RO" and see how far your action will proceed.

 

I cannot emphasise enough - service on the Registered Office address cannot be challenged, do it to the branch and your action is left open to fail, it might not - but since you're raising the action in the first place, how far would you trust them to get anything right? I know I wouldn't.

[stevokenevo]

point taken, doing it your way is best, my way is open to dispute, not that they have though.................... they have just settled again ;-) Dosh is in the bank

 

[buzby]

If you need any help drinking it....?

[stevokenevo]

That would be great, but i dont think im going to see much of it, the missus has her eye on it, its the wee yins birthday in a week, then xmas, and aldis are selling a 32" LCD for £389 2mo, can see were its going ;-)

Good luck to all who are still in the chase!!!!!!