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Scottish Domincile question - slighty odd scenario!


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Hi all

 

Apologies if this has been covered but I have researched til I am blue in the face and could do with a slight issue of guidance. I live in England and bank with the bank of Scotland - my branch is still in Scotland. Have sent off my initial letter requesting repayment today (£9147) but am trying to arm myself with as much info as possible. I have found the Govan Law Centre invaluable for issues of Domincile and understand that I can claim using my local court in England as that is where I live. The Govan site also touches on domincile issues but I cannot seem to find a definitive answer to my predicament. The problem I have is my account was opened in Scotland when I was living in Scotland and having requested a copy of my accounts T&C's is states 'The law of Scotland applies to our relationship with you'. Does anyone else have experience of this - would you know if when the inevitable court papers are filed I am likely to have an issue due to jurisdiction. Any advice would be most gratefully accepted - have already put this claim off for the last 7 months! Unforgivable really!

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I live in scotland and banked in scotland but sued Bank of Scotland in England as the claim for 6 years was better than the 5 in scotland and the 5000 limit was better than teh 750 limit.

 

I was suing for £13000 and although they have only paid out £5000 so far there were never any jurisdiction issues.

 

Worst case is that you will need a friend in Scotland to use their address.

 

This is not the same as your claim but it shows that at the moment HBOS are not looking at jurisdiction as a get out.

 

If you need a scottish address I can help you there.

 

If I were you, knowing that my claim was ok, I would be raising the claim against Hbos at the Leeds office.

 

I used this address for my papers

Halifax Bank Of Scotland (HBOS)

Customer Relations

PO Box 548

Leeds

LS1 1WU

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