In Scotland - need bit of advice

[Kirstykbart]

Hi all,

 

had a browse round the site today - good work. I looked into this at the beginning of the year when I was living in England and a quick change of circumstances has led us to be living in scotland only a month or so later so I never got round to doing anything.

 

My partner has details of his account with A&L and we're sending off a letter tomorrow asking for refund of charges. I think I understand (for the moment!) what I have to do with regards to that one.

 

I also have a Halifax and old (closed) Barclays I'd like to look into. The first step will be getting the list of charges. I just wanted to check really, si the whole Data Protection Act line I have on my letter relevant to Scotland too?

 

Am planning to write this:

I would like to request a list of charges levied on my account in the last 6 years. I am entitled to this information under the Data Protection Act 1998. If you do not provide me with this information then you will be in contravention of Pt iv exemptions – specifically ch.35 sub sections 1.2(a) and (b) (more specifically(a))

 

Just want to check it's all right before I send it off. If someone could help I'd be really grateful.

[Kirstykbart]

Hi all,

 

had a browse round the site today - good work. I looked into this at the beginning of the year when I was living in England and a quick change of circumstances has led us to be living in scotland only a month or so later so I never got round to doing anything.

 

My partner has details of his account with A&L and we're sending off a letter tomorrow asking for refund of charges. I think I understand (for the moment!) what I have to do with regards to that one.

 

I also have a Halifax and old (closed) Barclays I'd like to look into. The first step will be getting the list of charges. I just wanted to check really, si the whole Data Protection Act line I have on my letter relevant to Scotland too?

 

Am planning to write this:

I would like to request a list of charges levied on my account in the last 6 years. I am entitled to this information under the Data Protection Act 1998. If you do not provide me with this information then you will be in contravention of Pt iv exemptions – specifically ch.35 sub sections 1.2(a) and (b) (more specifically(a))

 

Just want to check it's all right before I send it off. If someone could help I'd be really grateful.

[BankFodder]

I just wanted to check really, si the whole Data Protection Act line I have on my letter relevant to Scotland too?

.

yes

[BankFodder]

I just wanted to check really, si the whole Data Protection Act line I have on my letter relevant to Scotland too?

.

yes

[thoughtcriminal]

Even if the Data Protection Act's relevant to Scotland, the common law penalty charges rules will only relate directly to the law in England and Wales.

 

Bear in mind Scotland has a different legal system, so a lot of the advice on this board may not be relevant to your situation.

 

Then again, if you still hold your account with a bank branch in England or Wales, you may be okay. Best advice would be not to move branches for the moment, until you've settled your claim.

 

I can't give you answers; the only thing I can do is try and highlight potential issues. It's a potential Conflict of Laws issue, and you should get advice from a Scottish legal adviser before issuing a claim in Scotland.

 

The easiest course of action is to try and make sure that:

1) your account carries on being governed by the laws of England and Wales, and

2) if you choose to bring an action, you bring it in an English (or Welsh) court.

 

Bypass the Scottish law if you can. There's not as much information available about it online, so you'll end up spending more money on legal advice.

[thoughtcriminal]

Even if the Data Protection Act's relevant to Scotland, the common law penalty charges rules will only relate directly to the law in England and Wales.

 

Bear in mind Scotland has a different legal system, so a lot of the advice on this board may not be relevant to your situation.

 

Then again, if you still hold your account with a bank branch in England or Wales, you may be okay. Best advice would be not to move branches for the moment, until you've settled your claim.

 

I can't give you answers; the only thing I can do is try and highlight potential issues. It's a potential Conflict of Laws issue, and you should get advice from a Scottish legal adviser before issuing a claim in Scotland.

 

The easiest course of action is to try and make sure that:

1) your account carries on being governed by the laws of England and Wales, and

2) if you choose to bring an action, you bring it in an English (or Welsh) court.

 

Bypass the Scottish law if you can. There's not as much information available about it online, so you'll end up spending more money on legal advice.

[Kirstykbart]

thanks for the advice. How do I know if my account is still held with that branch though? As far as I'm aware I haven't changed the branch, but I know the address details have been changed with them both.

 

Feeling more wobbly about it all now!!

[Kirstykbart]

replying to myself here

 

have been looking round the site more and read a post on the RBS thread about the jurisdiction of the account. Since all the accounts were opened in England, I'm assuming now that I should in fact keep it within English Law.

 

So - next question. Which court should I apply to if I need to get to that stage? The nearest one I can travel to over the border? Or should I go to where I used to live and near where the accounts were opened? Or is it entirely up to me? Latter option would be best I suppose as I have family still there.

 

Woulbe be grateful for any thoughts.

[Kirstykbart]

This topic was closed on 03/05/19.

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