How to raise a court action in Scotland when living in England

[mags]

I have gone through the process as advised in the website - obtained statements from RBS for last six years, written requesting the £7k in charges over the period and they have now offered me £1,800. I've rejected this and would like to lodge a court action. My account is with a scottish branch but I live in England. Do i lodge the action in England or Scotland ?

 

Thanks

[babybenz]

Hi

 

I looking at starting an action in the Sherriff Court next week and have found the court staff really helpful.

 

You can download the claim forms here

http://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp

There is also a helpful information booklet

http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp

The CAB have some basic information here http://www.adviceguide.org.uk/scotland/your_rights/legal_system_scotland/small_claims_in_the_sheriff_court_scotland.htm

 

A couple of points you may want to consider regarding the difference between the two systems:

 

1. Limit for small claims is only £750 ( £5000 In England & Wales)

There is a process for a higher amount but a different form

 

2. Most small claim matter in England and Wales in my experience are held 'in Chambers' which is the District Judge's Office, although still formal it is less intimitating than open court.

 

In Scotland I understand that most civil issue such as Small claim are in open court.

 

One final thing, in our local court civil matters are only heard every 2 weeks on one particular day, so it may be a large County Court in England, which would be your local court anyway, may process any claim more quickly.

 

Good luck where ever you decision to go.

[Robertxc]

Mags, Definitely England, where the small claims limit is £5000, not £750 like in Scotland. Because you are a consumer you can sue in the court nearest you. Use moneyclaim and do it for the first £5000 worth of charges only. Once that's all done and dusted (i.e. they've settled), do another one for the rest. Don't try and do two claims at the same time, or they'll just go to court and get them rolled into one big one, thereby taking you out of small claims.

 

When they offer settlement, make sure you don't agree to make it full and final for all sums ever, or you won't be able to go back for the second lot.

 

There are plenty of experienced people on the forum who will be happy to give you guidance and support, you only need to ask...

[mags]

Thanks this is good news ............. although I am still unclear as to how I can go through the moneyclaim site ie in England when the branch that has my account is in Scotland ie when asked for the defendants address it must be in England .....do I just pick my nearest RBS branch in Yorkshire ? If so do I need to write to that branch explaining my intentions etc and giving them the link with their scottish colleagues ??

[Robertxc]

Ah. Good point, I had forgotten about that. Phone your nearest county court and ask them to send you the forms (or tell you where to download them). Moneyclaim is a bit funny that way. All it means is that you will have to fill in the claim by hand rather than online.

[DNA]

If it any help at all, with people having accounts at RBS branches up and down the country and perhaps living in England/Wales with accounts in Scotland, one tip I could give is to state the registered office address of RBS as the Defendant's address on the claim form if you are issuing your claim in England/Wales.

 

Just because your account was held in Scotland and you now live in England/Wales - you do NOT have to start your claim in Scotland. You can start your claim at your local County Court (can't use Money Claim for defendants outside England/Wales).

 

Your Particulars of Claim MUST contain the following statement if you are using a defendant's address outside England/Wales:

 

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

 

Please note that if you do this, then the period of time for the defendant to file the acknowledgement of service or the admission is extended from 14 days to 21 days from the date of service of the claim (if the particulars of claim are served with the claim form) or 21 days from the date of service of the particulars of claim if they were not served with the claim form - remember, the deemed day of service is two days from when it was posted.

 

The time for filing a defence is 21 days from the date of service of the particulars of claim or 35 days from the date of service of the particulars of claim if the defendant has filed an acknowledgement of service.

 

So if a claim (with particulars of claim attached) was issued on 2 May and posted that same day, the date of service is 4 May. The date for filing the acknowledgement, defence or admission would be 25 May. If an acknowledgement was filed, then the date for filing the defence would be 8 June.

 

Sorry if this sounds confusing but it is quite simple really!

[tanx]

Hi

Does the above apply to taking an individual to court , not a company?

Cheers

[mags]

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group