sist in scotland and relation to benefits

[luckyj]

I would like to ask advice in relation to my case. I attended court in september 2007 in fife to argue that as benefits were the sole income on my account , by law they were exempt from arrestment. The judge , after consulting with the banks' barrister ruled it was primarily a bank charges case and therefore should be sisted pending the OFT case. She then said I could come back to court if I had further evidence to support my case. Can anyone advise me how to proceed now , in light of the issues regarding scottish common law and tax credit act and social security act?

[texel]

I can understand your problems. I have had a sist refused on three occasions by two different judges. I got good info. from the govan law centre. One piece was. " the general rule established from the case of Clydesdale Bank v D&H Cohen 1943 SC 244 is that it is improper to sist a case pending on the outcome of a similar one until the pleadings in both actions have been fully adjusted (i.e. finilised and closed). This decision has been upheld by the Inner House of the Court of Session and is therefore binding across Scotland". There are other bits you can get from their web site. Hope you can manage. Let me know if I can give you more info.

[luckyj]

Thank you so much for your reply and I intend going to the pf office on monday next week to apply for another hearing. I hope to be successful and if I am , I will be online to post every last detail to help everyone else and support anyone who needs it as you helped me:)

[texel]

Glad to be of help. Best of luck. Don't let the b------- put you off.