incidental application

[luckyj]

please can someone advise me? i have received a letter today from my banks' solicitors asking for copies of documents i intend to use in court, i do not know whether to give them all copies. also i have not heard from the court of the date or time but the letter states the 24th october. i am really worried as i am not a well person at the moment and i dont want to lose . please reply soon as there is not much time to get my head together on this lol

[postggj]

hi lucky and welcome

a bit more info will help

are you claming back charges etc

is the bank claming against you

who started the court claim

 

get the idea

 

we are all hear to help

[luckyj]

ok i am claiming against the bank, got sisted 5th nov 2007 , incidental application went in 7th october and received the letter from banks' solicitor this morning

[postggj]

what was the incidential application

who did the application

 

all info relied on in court must be exchanged between parties

[postggj]

luck

 

post as much info as you can

 

ill pass over to a legal eagle as court time tables are in affect

the last thing i want to do is give advice that i am unsure on

better safe than sorry

 

but my point is valid, being in court a few times myself

 

ALL INFO TO BE RELIED ON IN COURT MUST BE EXCHANGED BY BOTH PARTIES

[luckyj]

well , i had to type out the application myself and asked for the case to be heard again based on new evidence. the woman in the court office read it through ( as i asked her to) to check it was ok and i asked if there was any more i needed to put down and she said it was alright and nothing else had to be done except wait for a date for court.

[gizmo111]

Hi,

 

Are you in Scotland?

[luckyj]

yes btw sorry lol

[luckyj]

please can anyone give me advice on how to present my case in court ??? .

I am to attend on friday morning, my case is based on the case in airdrie that was heard in july, i found that copy of the whole case here on the consumer forums. i need to convince the judge that the wording of the social security act and tax credits act mean that money can not be taken from benefits in charges (basicly). i am really nervous, i feel that i am not equipped to argue against a barrister and convince the judge, as it is supposed to be how the wording in law is interpreted. can anyone give me a push in the right direction ?

[luckyj]

can someone please go to my thread entitled "incidental application" and read my last comment , i need advice urgently.

[gizmo111]

Is this the case you mean?

 

http://www.govanlc.com/nlc-crossan-judgment.pdf

 

I have asked someone with much better knowledge and understanding than me of Scots law to look in.

 

Good Luck.

[luckyj]

yes , that is the case I am referring to , thanks

[lateralus]

if anyone can help luckyj - here's the thread incidental application

and requires some knowledge of scottish law proceedings

[rory32]

Hi luckyj.

 

What did the incidental application state - do you know? Was it just the usual argument relating to the test case, etc?

 

What arguments did you previously use to try and remove the sist?

[rory32]

I have posted on his thread lateralus.

[maroondevo52]

Threads merged, luckyj.

 

Could you please stick to one thread on this subject, saves people getting confused. I'll move it to the appropriate Forum shortly.

 

Regards.

 

Scott.

[luckyj]

ok , to rory32, i made the incidental application to re-open the sist based on new evidence , namely the crossan case in airdrie that i found on the govanlc.com/nlc-crossan-judgment.pdf , this is my first attempt to argue my case against benefit arrestment by the bank charges. I intend to go for 'prima facie' which means i exercise my right to a hearing without delay. I am very nervous about this as i dont want to lose on a technicality.

[rory32]

Okay. Let me have a wee think about it and I'll try to post my thoughts tomorrow (a.m.) on what you should argue.

 

Does the letter state that they need the documents by the 24th or that there will be a hearing on the 24th?

 

Have you contacted the court to see when any hearing will be? The court should have sent you a letter stating this but they only send these by normal post so it's quite possible that you haven't received it.

[luckyj]

right , the letter stated the court date as the 24th and on monday i went to the court office to ask when the date and time was, the lady could only apologise and say that i should have had a letter but i now knew the date and time, she could not explain why a letter had not been sent to me. (the girl who sent the letter had not did mine and unfortunately was not in the office that day).

[maroondevo52]

Thread moved to Scotland Forum

[rory32]

Thread moved to Scotland Forum

No it isn't. Try again Scott.

[maroondevo52]

No it isn't. Try again Scott.

 

 

It is now, Rory

[luckyj]

having thought a lot and read a lot I think I may have overstepped the track a little. Am I correct in assuming at this point that tomorrow I am only going to court to recall the sist and not to argue the whole case ? Do I have to ask for 'prima facie' at that point or will asking it to be recalled on the grounds that there is little point in waiting for the OFT case as it cannot be determinative of a common law case in scotland . alternatively can I argue that because my case is to do with very indentifieable benefits that my case has no relation to the OFT case and thereby it is inappropriate to waste time waiting for the outcome of the OFT case? , or is there another approach? sorry to put all this in but I am unsure which route to take in my arguement tomorrow

[rory32]

Am I correct in assuming at this point that tomorrow I am only going to court to recall the sist and not to argue the whole case ?

Yes. My understanding is that you will have the opportunity to state your reasons why the sist should be recalled. The sheriff will then decide whether the sist will be recalled or not. If it is recalled a hearing date for the actual case will be set.

 

Motions to sist

15.6.—(1) Where a motion to sist is made, either orally or in writing in accordance with rule 15.1(1)(a) or (b)–

(a) the reason for the sist shall be stated by the party seeking the sist; and

(b) that reason shall be recorded in the interlocutor.

(2) Where a cause has been sisted, the sheriff may, after giving parties an opportunity to be heard, recall the sist.”

[luckyj]

what reason should i give for recalling the sist though?