Anyone in Scotland used MCOL?

[Dusary]

Hi,

Just trying to get my head clear on this one.

 

Every day I swither about which legal line to take.

 

It would be useful to hear if anyone HAS done this.

 

Regards.

[stevokenevo]

I know of people who have used MCOL, but, for this you do need an english address (friend or family) for correspondence.

It is entirely possible to use the english system, and all you would need to do is print off and fill in the N1 form, and post it to the court local to your banks head office, for BoS you can use Halifax as they are in the one group of companies now. There is plenty of info on the subject at the Govan Law Centre website

 

Good Luck

[kennythecelt]

Hi

Taken from Govan Law Centre (thanks to them)

 

"So, for example, if you bank with the Royal Bank of Scotland but live in London, you can raise a small claims action either in London or Edinburgh. Alternatively, if you live in Glasgow, but bank with the NatWest, you can raise a small claims action either in Glasgow or London. Likewise if you live in Aberdeen and bank with the Halifax plc, you can raise a small claims action either in Aberdeen or Halifax (cf. the Bank of Scotland's 'domicile' is Edinburgh; however, many other bank & credit card companies will have their registered office in England).

 

It is understood that the England & Wales Money Claim Online service requires a claimant to have an address in England or Wales, and therefore, if you are raising proceedings in England you would have to forward your claim to a particular County Court by post. While raising proceedings in England will entitle you to sue for a maximum of £5,000 under English small claims procedure, if the claim is defended you must be prepared to travel to England to present your defence. Accordingly, you should think very carefully about this issue, weighing up all of the pros and cons."

 

Note the £5000 limit.

 

Other threads seem to indicate people are using the address of a friend or relative in England, with some using a PO Box- this entails a cost.

 

Anyone got a holiday home we could all use??????

 

Best to all.

[Dusary]

Thanks, Kenny! (as usual!)

[Funky1]

Hi Dursary,

I'm going to claim through England on my Abbey Account. I plan to get everything in order tonight so It's great to see someone at the same stage as me. Please keep me posted on how you decide to proceed.

Good luck!

[Dusary]

I will do -and so must you!

 

Interesting how - when you dig deeper - you discover other *inshitutions* who've been ripping you off.

 

Only yesterday - I found that I had a "SHABBEY" a/c once-upon-a-time!

 

I'll start sending them the SAR!!!!

 

Good luck, Funky1

[Funky1]

Hey there,

I have a niggling feeling that Shabbey didn't send me a complete list of charges, only a summary spreadsheet and I'm not sure that it covers the entire period I've had an account with them only now that I've issued all the letters before court action have I realised - doh! However, I'm firing ahead anyway and will get my head around it tonight.

Well my threads are:

http://www.consumeractiongroup.co.uk/forum/scotland/95462-funky1-scotalnd-abbey-england-new-post.html

and

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/92903-funky1-hbos.html?highlight=funky1

and

I'm due to start a new one for an old BOS account - they are 7 days late in sending me the statements though.

 

Once you've been bitten by the bug you just can't stop! I'm going for my hubby's credit cards next....:grin:

[Dusary]

 

I'm due to start a new one for an old BOS account - they are 7 days late in sending me the statements though.

 

Once you've been bitten by the bug you just can't stop! I'm going for my hubby's credit cards next....:grin:

 

 

Have you sent off your non-compliance letter?

[Funky1]

Hiya, Was ready to send off the non-compliance letter on Saturday and the statements came in that day. They were all jumbled up and not in any date or year order -I think maybe they are trying to be as awkward as possible?! How are you getting on with your MCOL claim - have you raised it yet?

[Dusary]

Nope!

 

What HBoS has removed from my accounts is way over the £5,000 limit for MCOL.

[livelylad]

Nope!

 

What HBoS has removed from my accounts is way over the £5,000 limit for MCOL.

 

There is no £5k limit on MCOL.

[Dusary]

Hi

Taken from Govan Law Centre

It is understood that the England & Wales Money Claim Online service requires a claimant to have an address in England or Wales, and therefore, if you are raising proceedings in England you would have to forward your claim to a particular County Court by post. While raising proceedings in England will entitle you to sue for a maximum of £5,000 under English small claims procedure, if the claim is defended you must be prepared to travel to England to present your defence. Accordingly, you should think very carefully about this issue, weighing up all of the pros and cons."

 

Ah! It's a £5k limit under the SMALL CLAIMS PROCEDURE?

 

Back to the drawing board!