English or Scottish Law ???

[John Stirling]

As a Jock now living in England, my account is with LTSB Scotland, i have tried to change this in the past however English LTSB have told me this is not required as all facilities linked to the account would be available in England, this obviously includes charges! if i were to file a claim should i being doing this through the Scottish small claims or can i start proceedings through my local courts in England?

 

I have now obtained my DPA info and are about to send my prelimanary letter, i would like to get this squared away as i belive you can only claim last 5 years in Scotland as opposed to 6yrs in England, any info would be appreciated.

[woolfie]

Your right that we are only supposed to claim back a maximum of 5 years however lots of folk up here have being going for the six regardless in the belief the banks wont know about the statute of limitations. I read somewhere on here that even the legal folks dont always know! So definitely worth a go.

 

With regards to jurisdiction I get the feeling because you live in England you should be able to take action in your local court. If you give them a phone they will help you out tho.

[John Stirling]

Thanks Woolfie, i'll investigate through the local small claims court and then have a go at 6yrs either way nothing to lose!

[Loula]

I am not sure, but if you live in england can you not bring a claim in England?

 

I knwo I can bring a claim in Northampton, my local court, even though my bank branches are in Hertfordshire and Oxfordshire.

 

Just a thought.

 

Woolfie, do you know?

 

LOULA

[Loula]

Hey, look at the thread below about the HSBC - Living in scotland claiming in England...this may help you!!!

 

LOULA

[woolfie]

I am not sure, but if you live in england can you not bring a claim in England?

 

 

This seems to be a really grey area. I spoke to the Money Claim people on the phone and they said provided I had an correspondance address in England I could claim there. But I have heard there could be issues with jurisdiction.

 

So basically I have no idea!! Sorry

[John Stirling]

Hey, look at the thread below about the HSBC - Living in scotland claiming in England...this may help you!!!

 

LOULA

Thanks for the Thread it looks as if i will claim via English if it comes to it. Scottish Law proves more cumbersome with multiple claims up to £750 a time and only 5 years instead of 6. I will keep you all informed at how it goes. Will be sending my prelimary letter tommorrow, wont hold my breath. Nice to know your local, Rothwell myself, did you have any problems when you claimed, would be nice to hear your story.

[hlk01]

Moneyclaim ask for an address in England. If you do it all yourself by post I've been told you should be able to use your usual address.

[nearlyoldwoman]

hi everyone, i explained to my local sheriff court that i'd sent my 2 letters to england Head Office but they've confirmed i can pursue the claim from MY local court and the summons will be given to my local branch as they are the branch that took my charges and it falls under the consumer credit act (which apparantly means we can choose which court) but dont quote me! anyway, they've actually been really helpful, and my top tip for today would be....the lingo is slightly different, insteand of claimant and defendant, the correct scottish wording should be pursuer and defender, i filled in the summary cause form online, then got them to look over it for me, they've advised me on what to put in and what to take out, so after making some changes it'll be handed in to my local court on tue morning!! yippee:D

[Robertxc]

There's not really any confusion. In general, you're supposed to sue in the court nearest the Defender. So, if you were suing an individual you would have to do it in the court nearest them. HOWEVER, as a consumer you are entitled to sue in the court nearest you. In practice, it means that if you are on the other side of the border from your bank, you can choose where to sue them. Obviously, if the amount id over £750 but less than £5000 you will do it in England.

 

Also, you cannot use moneyclaim if you are in Scotland.

[John Stirling]

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group