Court Action against MBNA in Scotland

[Moodymulder]

Hi Folks,

 

I have read the points on having to make a court action claim using Moneyclaim etc, but is it still the same rules up here in Scotland or do we have to go thru another type of process?

 

Any help would be greatly appreciated !!

 

Moody

[Danfi]

hi

I have the same question. Does anyone know? Much appreciated

Danfi

[coffeebien]

You can only use MCOL if you have a service/postal address you can use in England. I have filed a claim with MCOL for MBNA but used a pals English Address.

 

The English Address would be used for letters and payments. I get mine posted back to my Scottish Address.

 

Hope this helps

[skyap]

You have a few options...

 

If the bank's registered address is in England, you can do it through the English system. If you know someone in England, like coffeebien, you could do it that way using the online system. I didn't think of doing that so I downloaded the pdf N1 form, filled it in, and printed it (or you can print it then fill it in). I then found a County Court near the registered address, in my case it was London City County Court I think. Then simply post the form to them with a cheque for your fees, you'll then do the rest via post as per normal.

 

If your claim is for £750 or less, you can do it using a Small Claim in Scotland. You can get the forms from the Scottish Courts website and then either take them to your local Sheriff Court (which can be found via the website) or, if you're not often free during open hours, you can post it to them. If you go in person you can obviously ask questions, but if you do it by post and have questions, just call them, ask for the small claims dept and they will help. I have done it both ways and both work a treat.

 

You can use the Scottish system even if they are based in England. As you are the pursuer and have a Scottish address, it therefore comes under the Sheriff Court's jurisdiction.

 

if you're claim is greater than £750 but less than £1500, you can still do this in Scotland using a Summary Cause. The form is practically the same as the small claim form and the process is very similar too. You would do as above but they will send you the papers back to be served to the defendant. You cannot do this yourself but you find either a Sheriff Officer (like a bailiff) or a Solicitor to do it for you. You can find a Sheriff Officer in the Yellow Pages and it should only cost about £15 in the first instance. For more info on this, just search the forums as there's quite a few people used this route now.

 

I hope this helps

[Danfi]

hi

thank you both for your advice that was really helpful

will probably do it throught the Scottish system rather than have to rely on friends.

 

Cheers

Danfi

[skyap]

Your welcome

 

Good luck!

[coffeebien]

Hi not sure where to list the following as it is court action but for none compliance to S.A.R in Scotland.

For your info when I filed these at Glasgow Sheriff Court today they accepted them but had to seek further advise from a Sheriff of how to proceed as they advised an Order of this type - failure to comply the Section 7 of the Data Protection Act - had not been requested before from this court. They are to advise tomorrow but did take payment.

This is called a Summary Cause Summons (form 1b) I used the DPA none compliance template from the library (great help!!)

Form 1b one available http://www.scotcourts.gov.uk/sheriff/summary_cause/forms.asp

As I am only claiming £50.00 for damages (my time, legal advice, letters etc) the cost was £39.00. Total Claim and order compliance sort £89.00.

Once processed they will sent it back to me for it to be served. I have to instruct a Sheriff Officer (find on web or yellow pages not sure of cost yet) to do this and pay for the service (is automatically added to claim) they then serve the summons on the defendant even though all mine are in England.

Summary Cause Summons issued

Barclaycard £89.00 14/12/06 Glasgow Sheriff Court

Lloyds TSB Bank Plc £89.00 14/12/06 Glasgow Sheriff Court

Lowell Financial Ltd £89.00 14/12/06 Glasgow Sheriff Court

Also online complaint filed with Information Commissioners Office

Will advice of case numbers and Sheriff officers fee and how it’s served if Defendant is in England as in my case

Apologies if you already know this works could be of benefit to other users.

Regards,

Coffeebien

[coffeebien]

Hi not sure where to list the following as it is court action but for none compliance to S.A.R in Scotland.

 

For your info when I filed these at Glasgow Sheriff Court today they accepted them but had to seek further advise from a Sheriff of how to proceed as they advised an Order of this type - failure to comply the Section 7 of the Data Protection Act - had not been requested before from this court. They are to advise tomorrow but did take payment.

 

This is called a Summary Cause Summons (form 1b) I used the Data Protection Act none compliance template from the library (great help!!)

 

Form 1b one available http://www.scotcourts.gov.uk/sheriff/summary_cause/forms.asp

 

 

As I am only claiming £50.00 for damages (my time, legal advice, letters etc) the cost was £39.00. Total Claim and order compliance sort £89.00.

 

Once processed they will sent it back to me for it to be served. I have to instruct a Sheriff Officer (find on web or yellow pages not sure of cost yet) to do this and pay for the service (is automatically added to claim) they then serve the summons on the defendant even though all mine are in England.

 

 

Summary Cause Summons issued

 

Barclaycard £89.00 14/12/06 Glasgow Sheriff Court

Lloyds TSB Bank Plc £89.00 14/12/06 Glasgow Sheriff Court

Lowell Financial Ltd £89.00 14/12/06 Glasgow Sheriff Court

 

Also online complaint filed with Information Commissioners Office

 

Will advice of case numbers and Sheriff officers fee and how it’s served if Defendant is in England as in my case

 

 

Apologies if you already know this works could be of benefit to other users.

 

 

Regards,

 

Coffeebien

 

 

Re the above. Sheriff advised my 3 claims for non compliance was not proper and to consult legal advice. He would not grant the summons.

 

Used an N1 instead and filed at Penrith County Court (using an English Address) advised today all three claims accepted and summons being issued today for Barclaycard. Lowell Financial & Lloyds TSB.

 

Fingers Crossed............. I tried to Scottish system found it costs more and is very frustrating and would not accept it yet I changed nothing on the statement of claim, filed in England and it was plane sailing.................