In scotland - claiming via English courts.

[Robertxc]

If HSBC are in Leeds you should file your claim at Leeds County Court (it might be Skipton County Court).

 

As far as I can tell there are two conflicting rules, which you can use to your advantage. On the one hand, you're supposed to sue in the court nearest the Defender. On the other hand, as a consumer you're entitled to sue in the court nearest you. I've done both and not noticed any particular difference (since they never defend it anyway).

 

They can of course challenge the jurisdiction, but to do that they have to actually put in a defence and attend court, which will cost them between £1000 and £2000 in legal fees, with no prospect of getting it back because it will be small claims. (If you think your lawyer charges you a lot, you should see what he charges your bank!)

[Robertxc]

Absolutely. Your claim, your timescale. You've given them a deadline, so stick to it no matter what. Also, never, ever agree to discuss it on the phone (they might try this). Any call centre monkey you are ever likely to speak to has zero chance of having the authority to refund this sort of cash - so don't waste your time.

[Robertxc]

In actua fact I was thinknig about doing this against BOS/Halifax and RBOS. As they both have places of business in England I believe the English courts will accept Jurisdiction.

I think you'll be unlikely to get away with it. you're supposed to serve the summons on their registered office, which for both these banks is in Edinburgh. Your only other option is to get an English mailing address.

[Robertxc]

I'm aware of all of this, however as you will (presumably) be in small claims, you will be subject to a much more informal procedure. The judge/sheriff will want to know why you're a Scottish based litigant trying to sue a Scottish based company in Engalnd. Based on personal experience, your answer will need to be a bit better than "the limits are higher in England" if you want to avoid it either being transferred to Scotland or thrown out altogether.

 

I should however point out that I have no direct experience of this situation. I just have a feeling, based on experience, of how judges - who tend to be nobody's fool - feel about litigants trying to play the system to their advantage. In small claims, I've noticed that they much prefer to look at cases purely on their merits. That being said, I'd be fascinated to see how you get on.

[Robertxc]

Is this part of another post? If not, you really should start a new one and not hijack someone elses.

 

In the highly unlikely event that your case actually gets to court, yes, you will have to be in attendance. If you claim is for less than £750 you should do it in Scotland.