Can non UK residents take a UK bank to small claims court?

[t1grm]

I am a British citizen but I have been non UK resident since June 2002. However, I still use First Direct in the UK as my main bank.

I have incurred excessive bank charges both before and after I became non resident.

As a non resident can I use the county court system to:

a) Claim all the excessive charges back

b) Just the charges before June 2002

c) Nothing because I am non resident

I have a UK correspondence address I can use.

[monkey_uk]

This is little unclear at the moment. You can certainly claim for the last 6 years.

[neilloffhagen]

I have a UK correspondence address I can use.[/font][/size]

Guess one question is would you be able to attend a small claims court in the UK, if it got that far? Or at least have somone willing to take your place, if that's allowed?

 

Neil.

[t1grm]

Guess one question is would you be able to attend a small claims court in the UK, if it got that far? Or at least have somone willing to take your place, if that's allowed?

 

Neil.

 

Yes. I'm in mainland Europe so getting back to the UK on a budget airline would not be a big deal.

 

I could just go ahead and use my UK address and not mention the non residencey issue but my bank has my Europe address (it's where they send my statements) so they may bring it up as a spoiler if it got that far.

[MondeoST24]

I dont think it would be a problem. You are a british citizen, therefore you should have access to the british legal system.

[monkey_uk]

Correct Mondeo.

[t1grm]

Thanks for the info

[Maxie]

As long as the defendant has a UK address to which a claim can be correctly served you can issue proceedings.

[hlk01]

Are you in the EU ? if so, it might be worth reading up on 'Civil Jurisdiction and Judgments Act 1982'. I looked it up in relation to cross border claims from Sctland to England but I think it covers the EU. Best google it.

[shimself]

I hope it's ok to revive this old thread.

 

We are british, living in France, being diddled by a uk car hire company (trustpilot rating 0.5/5!) for a rental when we were in UK. Using a UK credit card.

 

We are using resolver.co.uk (which is good) as are the company. But it keeps going on, they keep charging semi-random amounts on the card which we have to get frozen and so on. It really has been a considerable amount of trouble by now.

 

We've got the "bill" down from £1450 to £85, so we are making progress. They are only claiming now for a valet charge which is baloney.

 

Can I use the uk small claims court procedure without having to attend? Should I? Is there some better alternative (like getting a hearing in France would be handy).

 

Is it correct the claim would have to be restricted to the £85 plus actual expenses, nothing for hassle and distress and time spent?

 

Thanks

[unclebulgaria67]

I hope it's ok to revive this old thread.

 

We are british, living in France, being diddled by a uk car hire company (trustpilot rating 0.5/5!) for a rental when we were in UK. Using a UK credit card.

 

We are using resolver.co.uk (which is good) as are the company. But it keeps going on, they keep charging semi-random amounts on the card which we have to get frozen and so on. It really has been a considerable amount of trouble by now.

 

We've got the "bill" down from £1450 to £85, so we are making progress. They are only claiming now for a valet charge which is baloney.

 

Can I use the uk small claims court procedure without having to attend? Should I? Is there some better alternative (like getting a hearing in France would be handy).

 

Is it correct the claim would have to be restricted to the £85 plus actual expenses, nothing for hassle and distress and time spent?

 

Thanks

 

The site team will need a new thread, as they don't like old threads belonging to someone else being added to

 

You have to issue a court claim in the UK as the company you are trying to sue are in the UK. Yes you might have to attend a UK court.

 

If you want advice about merits of legal claim, you need to post a new thread to the legal section.

[slick132]

New thread is here - http://www.consumeractiongroup.co.uk/forum/showthread.php?451682-How-to-fight-a-UK-company-when-we-live-in-France&p=4786785&viewfull=1#post4786785

[t1grm]

This topic was closed on 09 March 2019.

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