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Sheriff puts Bank of Scotland to proof on bank charges


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seems awful quiet on feedback for this one ... :???: ...

 

just have to hope Mike Dailly or someone enlightens us I suppose ...

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hee hee ..you're right RDM .. but the suspense is killing me ! :madgrin:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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CHAPTER 18 AMENDMENT OF PLEADINGS

 

 

18.1. Alteration of sum sued for

18.2. Powers of sheriff to allow amendment

18.3. Applications to amend

18.4. Applications for diligence on amendment

18.5. Service of amended pleadings

18.6. Expenses and conditions of amendment

18.7. Effect of amendment on diligence

18.8. Preliminary pleas inserted on amendment

 

 

 

There may be another part of the process as well but rule 18 isn't likely to cause much fuss.

 

M1

 

Guys we've been informed by someone in the know, that 'Rule 18' is about documents. So don't get too excited., yet.

 

 

Rule 18????

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Civil Procedure in the Sheriff Court

 

Amendment

 

At any debate one or other party may appear and move the court to discharge the debate and to continue the case for amendment. In order to avoid being found liable for the expenses of preparation for any debate it is more sensible if the party who has resolved to amend does so well in advance of the debate, by enrolling a written motion seeking leave to amend. Amendment is regulated by OCR 18. Typically a party will enrol a motion seeking:

(a) discharge of a diet of debate;

 

(b) permission for their minute of amendment to be received;

 

© a period of time for the opponent to answer;

 

(d) a period of time for the parties to adjust their pleadings in the light of the minute and answers

 

(e) a
Rule 18 hearing
at which the court will in the usual course of things allow the record to be opened up and amended in terms of the minute and answers and deal with further procedure as well as expenses of the amendment procedure.

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Sounds like yet more wriggling tactics from the banks! :evil:

 

I wish the Sheriff would just paraphrase some of the lower English Court Judges and say "You levied all these unfair charges - now pay them back!" No ifs, no buts, no more shenanigans!

 

BD

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  • 2 weeks later...

Hijack alert but I hope the OP will forgive me in the circumstances. Would everyone please take a minute to sign this petition and get all your friends and family to do the same.

 

http://www.consumeractiongroup.co.uk/forum/content.php?785-Re-Bank-Charges-Campaign-Continues

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hijack alert but I hope the OP will forgive me in the circumstances. Would everyone please take a minute to sign this petition and get all your friends and family to do the same.

 

http://www.consumeractiongroup.co.uk/forum/content.php?785-Re-Bank-Charges-Campaign-Continues

 

Thanks Caro............signed :-D

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Cheers landy! x :-D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 months later...
  • 1 month later...

Follow on twitter.

 

3/2/12 GLC bank charges test case Reid v. Clydesdale plc debate on 2 April 2012 @ Glasgow Sheriff Court.

 

27/1/12 Bank Charges test cases update: Sharp v. Bank of Scotland plc in court next Thursday - stay tuned for GLC twitter updates.

 

M1

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  • 1 month later...
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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OSW, if you take a look at the link, all of the information you need is in the thread it takes you to. There are further links in the thread which will give you more info, including that on restitution. Good luck!

 

Thanks for the link, RDM, I'd given up on mortgage charges, but I'll be having a go now!

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GLC has settled a claim in full for the refund for overdraft charges with Santander UK plc. The claim was extra-judicially after proceedings had been raised utlising new legal and factual arguments.

 

Some of these arguments (but not all) are scheduled to be test in the cases of Reid v. Clydesdale Bank plc, and Sharp v. Bank of Scotland plc.

 

A debate will take at Glasgow Sheriff Court on 2 April 2012 in the case of Reid v. Clydesdale Bank plc, with GLC's Mike Dailly appearing for the pursuer, and Clydesdale's in-house legal team and counsel appearing for the defender.

 

The case of Sharp v. Bank of Scotland awaits a fresh hearing date.

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