Help Needed with Claim Form

[cdck1142]

I'm ready to fill in my claim forms as per the scottish procedure post on this site but i've hit a small glitch.

 

I'm claiming against Woolwich who used to have a branch in Aberdeen but they have now changed it to a Barclays. Therefore there isn't a Woolwich branch/branch manager in my town to use as the defender.

 

I have however recieved correspondance about my claims from Barclays as it appears they have taken it over from Woolwich. Would i be in my rights to say that as Barclays are dealing with it for the Woolwich that i can use the local Barclays branch/branch manager as my defender.

 

Also i never sent any correspondance through the branch therefore the manager knows nothing of my claim, am i still ok to use him as the defender?

[maroondevo52]

Hi,

 

No you cannot use the bank manager as your defender, it's not him your claiming against it's the bank he works for. Thats what the Sheriffs Clerk told me when I took my claim into court.I have a claim against Capital One who's address is in England, I live in Scotland and the clerk at Edinburgh Sheriff Court put on the form...This claim comes under the jurisdiction of Edinburgh Sheriff because the persuer will be paid in Edinburgh ?

I think you would be ok to use your local Barclays as the defender but I'm no expert.

 

Hope this helps some.

Best wishes with your claim.

 

Scott.

[jaffacat]

Hi. I think you should claim against Woolwich`s head office. When I took my Summary Cause forms to my local court, the Sheriff Clerk said that as my branch was 150 miles from where I lived, I couldn`t file my claim at my local court.

I had to put him right when I showed him the info in the GOVAN LAW CENTRE websitewhich quotes the CIVIL JURISDICTION and JUDGEMENTS ORDER 2001. Schedule 4 of the actregulates the courts jurisdiction over consumer contracts. This includes bank and building society accounts.

Paragraph 8 of this schedule says : "A consumer may bring proceedings against the other party to a contract either in the courts of the part of the UK in which that party is domiciled (stays) or in the part of the UK in which the consumer is domiciled"

Hope this helps!

[cdck1142]

Thanks to both of you,

 

I've just handed my claim in today. It turns out that the woolwich website says that the old branch is still active as a woolwich branch, it is listed as a contactable branch, so i just used it.

[Giveitback]

you can also claim in Aberdeen since you are based here. You just need to say that on the claim form. There's an example somewhere, don't know where, sorry. Good luck with it.