scottish procedure

[Aaronsdad]

Hi All,

I am a week away from LBA and thought I'd get ahead of myself by looking at the MCOL website. Gobsmacked to see that I need an address in England or Wales to use it.

Now my branch is in England because I lived there until two years ago.

I however, despite going back and forth to England all the time, now have a permanent address in Scotland.

So the question arises, as it has above, can I claim through the English system?

I can use a friends address in England if need be, will this be frowned on if found out? ie the banks get funny about my address and the one I'll use.

As my claim is for circa £3500 it seems the English system would be beneficial.

Here's another thought, can I get a friend to do it for me, acting like a solicitor does - on my behalf?

I'm confused and would appreciate any ideas.

A D

[Aaronsdad]

Thank you. I take on board your comments. I have the facility to go and live in England for a week, fortnight, month or whatever. So, I could actually be there. Would it disadvantage me in the beginning if the bank realised that the address the summons/paperwork came from was not the billing address of the account? Being at court is not an issue but a day I would relish.

Thanks

A D

[Aaronsdad]

:-| AND THAT'S MY WORRY!

Thanks to all who contributed.

Looks like I'm on my holidays for a month or so, in England.

When all this is finished I'll go to my house in Goa for about four months. What would happen if I filed from there? Surely being in Scotland at the moment should be more advantagous than millions of miles away?

That's the law I suppose!

Thanks all and good luck

A D

[Aaronsdad]

You are all welcome! A flight for two weeks at the moment is about £259, for B&B, it's cheaper than flight only, trust me!

No probs. Let me get this scenario over and done with and it's open house. (Unless the agent has rented it - a guy has to make a living!!)

Thanks for everyones help.

esp Govan Law Centre - You'll be hearing from me!

A D

[Aaronsdad]

Hi All, I just got back from some time in England. Before I left I took a print out of the advice given in the Govan law centres website. I showed a solicitor friend who did some digging around and she agreed with it under the English sytem.

 

Essentially if you are with the Halifax and live in Aberdeen you can file in either the Aberdeen court (Scottish law) or the Halifax court (English law). It's all to do with domicility. ie where you live or where the bank 'lives'!

Unfortunately BOS live in Edinburgh so you're stuck with Scottish law. Other major nationals like Abbey have English 'homes' so it may be more advantageous to file under the English system.

PLEASE BEAR IN MIND. Should any action be defended vigorously by the bank. You may have to travel to appear. So if you wouldn't be able to get there, think twice.

Of course it's a personal decision, but the ability to file a one off claim for up to £5k and 6 years charges is an attractive one.

 

Hope it helps

 

A D

[Aaronsdad]

Hi, sorry to hijack your thread. I have been helping a friend with his claim (he has no computer). I'm lucky enough to be able to use the English system but he has to use the Scottish one. I love the irony of me Scots him English!

 

Anyway, as he's moving to Spain in Feb he suggested that the quickest way to recover his £4k charges in Scotland would be to use a Solicitor for one hit and hang the expense. I can see his logic but I've trawled and trawled through this site (and Govan law centre) and I can't find anyone who has done this, or even contemplated it.

Any help out there?

Cheers

A D

[Aaronsdad]

Thanks Buzby.

He's got as far as sending his LBA so the groundwork is done. Just a matter of finding a decent solicitor in Aberdeen.

 

Ta

A D

[Aaronsdad]

Hi Pauline,

I'm not actually doing this for myself but on behalf of a mate. however, he had an interview with a solicitor in Rubislaw Place yesterday and, in his words, he wasn't negative! I've brought my mate to the scottish equivalent of MCOL but he's doing the legal thing. When we hear more, I'll let you know!

 

A D

 

PS Is there anyone I haven't told that I WON?

[Aaronsdad]

Sorry to stick my oar in!

 

I read something here that didn't ring true.

 

It took a bit of digging around but I found the thread. I know it's under English law but the rules are usually similar. -----

 

Thankfully, this is not actually true.

 

For any agreement to be binding in English law each party to the agreement must provide what is termed 'consideration'. This simply means something of value in the eyes of the law. With these offers in full and final settlement your consideration consists of a promise not to sue for the remainder. The bank however, does not provide any consideration because they are only giving back what in law belongs to you. The law does not enforce onesided promises. In order to establish that they have provided consideration they would have to prove that the charges were lawful.

 

So the agreement accepted by your husband is meaningless and you may pursue the remainder of the charges, unless - and this is highly unlikely - the agreement was made by deed.

 

Just thought it might be useful!

 

A D