Couple of Questions

[deemacperth]

Aloha one and all. Sent my DPA off to Halifax on Tuesday. quick question though, never saw it answered in Faq's.

 

If my claim is over £5000 (and in 5 years I'm guessing it will) whats my best options?

 

1. Should I go for the lot and leave the small claims? What's the consequences?

 

2. If I stay in the small claims can I split my claim? ie. £3000 for 2001 to 2003 and then remaining for 2004 to date.

 

3. I'm Scottish, opened the account in Scotland with Halifax (Not BOS), but have lived in England since opening it for 5 years, my registered address is in London and I'm on the electoral register there, can I succesfully persue this in the English courts?

 

Any ideas or links to cases that have had this would help.

 

Cheers all.

[jossb]

In FAQ there is the suggestion that recommends splitting anything over £5000 into smaller amounts to remain within the small claims limit.

[woolfie]

Its all in the FAQ's but do a search on 'sever' that will get you started.

 

 

Woolfie

[deemacperth]

Cheers folks, missed the search feature. :-|

[hlk01]

You may wish to read my post here - http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5115

 

In point 2 in my post the Act I mention :- 'Civil Jurisdiction and Judgments Act 1982' would apply to anyone in your position. This allows for cross-border cases and as the consumer is treated as the weaker party then they can choose where to bring an action. That's my reading of it but I could really do with someone with some legal expertise to comment. However, although in a slightly differnt position i.e. In Scotland, account opened in Scotland I am still going to persue via England.

Hope this helps.

 

One other point, as you now live in England and that is the address the bank has for you, I doubt very much they will trawl through your records on the off chance you used to live in Scotland and should be treated differently. They would have to do this for everyone. What do others think ?

[thecornflake]

This could be interesting. One the one hand, when you opened the account, and therefore originally signed the 'contract' and agreed to the T&C you were in Scotland.

However, most of the charges would have ocurred whilst you were in England, using an english branch of the bank.

 

I'm not sure if legally it is the fact that the contract between you and your bank is technically Scottish, or that the charges were made in England and therefore under English law that would prevail.

 

I think you have a good case though, and yes it is unlikely the banks will check people's old addresses going back that far. And yes you shoul dbe able to get the case heard in England at your closest available court, so the court, judge, etc would be in England anyway.

[deemacperth]

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