how to claim via english courts???? idiots guide please!

[stodman]

hi there,

k, need some help here, I want to use the english legal system but i live in scotland?! I know some of you guys have already done this succesfully, Could anybody please advise on what to do exactly? eg,

1. which courts to use?( does it have to be one nearest the banks registered office?)

 

2. Is the n1 form and spreadsheet of charges all i need to send?

 

3. how do i send payment for court fees and who do i send them to?

 

4. Do i need to name a specific person at the bank or just the banks name?

 

I think thats it!?:? Been reading the forum for days now and cant seem to find the answers im looking for.(sorry if i missed them)

 

Thanks in advance

 

AnL - LBA sent - refused - court time £742

Halifax - DPA sent - waiting - £1500 est

Capital One - DPA sent - waiting - £unknown

[barracad]

You may not be able to do this.

 

You need to clarify the terms and conditions for your account to see what it says. For example this is a quote from Natwest's standard T&Cs:

 

General

• If your address is in Scotland, Scottish law applies to the contract between you and us. If you live elsewhere, English law applies to the contract between you and us.

Therefore you would not be able to claim via the English courts on this occassion.

[stodman]

ok, thanks for the tip!

 

Just had a look at the terms for AnL. quick info for anybody else thats looking.

 

in the T&C's booklet page 8. para 34.5:

 

"These Terms and Conditions will be governed by, and will be construed in accordance with, the laws of England and the courts of England will have excusive jurisdiction."

 

 

Hope this helps.

Any advice on my further questions?

 

PS. If anybody else can save the hassle of finding TnC booklets from 5/6 years ago, Please post your banks small print here. Would be handy for all, me thinks

[barracad]

Ok looks like you can proceed with a claim then.

 

In answer to your questions:

 

1) I would use the court nearest to you if you can find it. Try looking here: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

2) Yes.

 

3) Payment by cheque, payable to H M Paymaster General

 

4) Just the name of the bank - employees and directors of the bank have no liability for the bank's debt. If you name an employee the claim would likely to be struck out.

[stodman]

thanks again!!

 

When you say pick a court nearest to me, will that work?

 

I live north of the border but want to use english law. Will a scottish court action that?

[barracad]

Using the link posted in my reply, find the nearest English court to you dealing with Small Claims and send the paperwork there.

[stodman]

Ahhh, sorry! My bad

[hlk01]

We were advised to lodge against the court nearest the head office of the bank we were dealing with. HSBC. I spoke to both the court nearest where the complaints department is and who we had sent all the letters to and the London branch. Bothg said the same.

 

Just filled in NI, printed it and then sent cheque list of chrges and N1 to court address.

 

You should be able to find the court you need online depending on the postcode. Ring them, find out how much the cheque should be for and them make it out to HMCS - Her Majestys Court Sevice - addressed to the court manager. But phone them first they are really helpful and will take you through the process.