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cambus_celt V LTSB & CAP1 Living In Scotland


cambus_celt
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Hi

 

I am in the middle of 2 separate claims

 

The first is with my bank Lloyds TSB I have 2 accounts and 1 credit card with this bank. My 2 accounts are based in England as 1 was an old staff account and the other is an old student online account. I am claiming in total £2800 for all 3 and the split is approximately, Account 1 £2000, Account 2 £400 and Credit Card £400.

 

The second of my claims is with Capital One MasterCard for £1500.

 

I have sent my Preliminary approach for repayment for the past 6 years and the Letter Before Action for this full amount. I have now found out that I can only claim for 5 years and up to £750 in Scotland but my claims are for larger than that amount

 

I live in Scotland and always have done so.

 

Can some one give me some advice

 

Should I

  • Make a claim through the English courts so that I can claim for more than £750 and for 6 years and not 5.
    • If this is the case can you give me further info on how to do this or possibly a link

    [*]Make a claim in the Scottish courts and split my Lloyds TSB into each account and take my large claim down to £750 and make a claim to the Scottish courts with Capital One for £750.

    • If I should do this, do I need to re-letter Lloyds TSB and Capital One as I am changing my claim and start again at the Preliminary approach for repayment again.

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Hi Cambus celt,

You could go after Crap one with a Summary cause which has a limit of £1500.

You could do 1 Summary Cause and one small claim for Account 1, and the other 2 will fit nicely into the small claim procedure. Summary cause isn't too different from small claims, Scotias post on filling out small claim will do for summary cause too, biggest diff is the serving of the summons which you will have to pay a Sheriff Officer (found in yellow pages) between £15-£30 to serve it on the bank. Just make sure you download the correct forms from the courts website.

Or as you say you could go down the English system if the 6 year limit makes a big difference to your claim. There is a thread on the Scottish forum of Scots using the English courts. Ehstevie has won against LTSB using English court and Dazzaboy2 is taking on the BOS through this route also. There is another thread of others that are fighting in England. Can't find it at the moment though, sorry.

You need to do some reaserch on it but it does seem to work. It really comes down to weighing up the pros and cons and deciding what is best for you.

Good luck

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