gordieboyglasgow v BOS

[buzby]

Well, it's all part of the HBOS Group, but if it was me I'd still look to enforce your claim - you DID serve the documentation on their Registered Office address (The Mound, Edinburgh?). They would have had time to amend the PLC if they wanted, but I don;t see them successfully challenging the whole decree based on the 'PLC'. So, sit tight, get the Sheriff Officers to serve a Charge on the HQ, and follow up with enforcement if nothing happens.

[gordieboyglasgow]

Hi Buzby

 

Thanks for your reply.

 

Yip everything was served to the HO address from the initial summons right through to the 'charge for payment' and 'execution of charge' served by the sheriff officers directly to the mound and served to a Ewart Baxter, senior solicitor of HBOS.

 

It was actually the sheriff officer who noticed the 'plc' when I went back to see what to do after the 14 days to pay had passed and no response received from BOS. He couldnt quite beleive they had let it get this far down the process. He suggested I write to Ewart Baxter @ the mound asking what their intentions where on settling which I have done.

 

I have now just received a reply from a Rachel Hinchcliffe, litigation solicitor @ HBOS plc legal services in Halifax telling me they have no record of receipt of the Extract for Payment, and asking me to send her a copy along with the original summons.

 

What should I do now do you think? Should I fax and post her a copy or should I just return to the Sherrif officers and let them deal with it? (what is the next stage after the 14 days have passed from the execution of charge, does anybody know?

 

Have to say I get the feeling the BOS are extracting the urine for some reason and just trying to delay and stall as much as possible.

 

Cheers again

 

G

[buzby]

You're probably spot on - however as you are aware, since you have Decree, every action you instruct Sheriff Officers adds to the bill, so there's nothing to stop you advising Ms Hinchcliffe that you are not really responsible for the lack of communication between her Head Office and Halifax. The Charge has been lawfully served, and they have 14 days in which to make payment if full (their time to appeal it ended when you recieved the Decree). You would be prepared to pop into a BoS/HBOS branch for the documents to be faxed to her, however in the absence of any payment by the due date, you are left with no alternative but to formally request Sheriff Officers to call at The Mound to obtain payment.

[gordieboyglasgow]

Hi All

well BOS has finally settled the first claim!! yipee!!

I beleive I should send a note to the court to inform them that they have settled the extract of decree....

 

Is there a specific form I should be using or do i just alter 'form 17' and minute it via that? give it a couple of days and then submit the second claim?

 

Thanks again guys.

 

G

[buzby]

No there's no need to do this. The court is finished with the matter, and enforcement (being your responsibility) is in your hands. If they've paid out all your costs of the action, the sum sued for, the Charge and any Sheriff Officer fees after Decree was granted - that's it. Lie down in a darkend room and celebrate your win! You only need to inform the court if they settled prior to action and you are requesting a Discontinuance.

[gordieboyglasgow]

Thanks again Buzby.

Just thought I would check as Ms Hinchcliffe had asked me to send her a copy of the letter I sent to the court informing them the claim had been settled.

 

So here we go again.... summary cause claim 2 of 4 submitted tomorrow. Hopefully this one will be settled without as much hassle!!!

 

I will keep you updated.

 

Thanks again for all your invaluable help, i think i would have ended up running round in circles without it.

 

G

[buzby]

You DID get a Decree in your favour....? The only time you would ever be requested to contact the court and advise of settlement would be if the Sheriff had still not decided the issue (ie the case was still ongoing). After judgement, it doesn't matter!

[gordieboyglasgow]

Yip i got a decree. It was Ms Hinchcliffe that mentioned contacting the court -

" I will write to Glasgow Sherriff Court to notify them that the extract for payment has been satisfied, and I would be grateful if you would do the same and kindly provide me with a copy of your letter. "

 

But no matter, if I don't need to then I'll not bother, she's obviously confused. which really wouldnt be that surprising considering at the footer of the letter there is a list of 'solicitors authorised to practice in England and Wales' which includes her name. but apparently she isnt authorised to practice in Scotland (at least she isn't included in the 'authorised to practice in Scotland' list!!) completely irrelevant I know, but just thought it was interesting.

 

Thanks again (and sorry to go on!! LOL).

 

G

[buzby]

Looking into this a bit further, it apppears just as we saps get reported to Registry Trust for our Decrees and CCJ as individuals, companies do too - Standard & Poors, not forgetting Dunn & Bradstreet keep note of all the judgements against Ltd Co's and Plc and use it to calculate their creidt rating as a 'blue chip' company or otherwise.

 

It would appear writing to the court would simply allow the Company CRAs looking after company legal actions to report that the claimed debt was 'satisfied'. So it really is up to you, but if you didn;t want to assist them, there's nothing I can find that says you should!

[debt_mountain]

it apppears just as we saps get reported to Registry Trust for our Decrees and CCJ as individuals, companies do too - Standard & Poors,

Excellent, we can impact their credit rating too.

[buzby]

Unfortunately, they don't take input from 'concerned' individuals!

[gordieboyglasgow]

Hi All

well its been a while since i posted. but have again started to move onwith the claims (had to stop for a while due to personalreasons).

I am back looking for some advice/clarification.

 

Basically I submitted my second summary cause claim, had the return date and hearing date etc. sent summons to Hbos via sheriff officers. Day after return date HBOS had not responded, so I returned the form 17 - nothing unusual so far!

This is where it goes a bit wrong... lol.. I forgot to return the principle summons with the form 17 (I genuinly thought I had), the sheriff then wrote to say the case had been continued for a date 3 weeks later. I misread the letter to be honest, it says return the summons and appear, however i read it as return the summons OR appear. I duly returned the summons and didnt attend!

 

A couple of weeks after the continuation date I receive a letter saying that as I had not appeared (which is when i realised my mistake) the case had been dismissed with nothing due to either side.

 

Now eventually i get round to the question!! lol Can I resubmit this summary cause and start again or do I have to forget that period and start a fresh SC for the dates and amounts after it?

 

I hope this makes sense, any advice appreciated and feel free to ask if you need any further info.

 

Thanks again and regards as always

 

G

[buzby]

Shame. I don't see this as being a problem, as nobody turned up. A fresh action, paying the new £44 fee will get things moving again, and take care of the paperwork!

[gordieboyglasgow]

thanks for the advice busby.

I will get on again (and this time wont sit so smugly thinking how well and easy it is all going!!! ! lol)

Completly my fault, but my head was elsewhere at the time...... just hope i havent messed it all up completly, but time will tell.

 

Thanks again for your rapid reply.

[gordieboyglasgow]

Hi all

some time since i posted. Just a quick question regarding my current claim.

 

Basically had a small claims against HBOS hearing date was to be 8th may. I received notification that HBOS was applying for a cist. I was advised that it was pointless trying to defend against the cist as many had tried and failed at Glasgow Sheriff.

 

I assume that the cist was granted on the 8th may 2008, however I have had no notification from the court etc as to the outcome and what the next step would be.

 

Can anybody help? is there a 'standard' procedure for these things or do I basically have to wait until the test case is complete? how do I find out information about my claim - do i contact the court?

 

Sorry if this seems basic questions, but any advice greatly appreciated.

 

Thanks in advance

 

G

[buzby]

As mich as I like to think of it as a cist - it's actually SIST (a different thing entirely). Anyway, what concerns me is that you didn't appear to go to court on the day your case called.... why was this?

 

The bank are your enemy, and can tell you anything they want to mislead or wrong-foot you, but their interest are not your interests, and they can say what they plan to you, but do something completely different on the day.

 

Faced with the lack of a pursuer, a bank solicitor could tell the court that as you've not turned up, you've clearly lost interest and ask for a dismissal. You then lose the case, and you cannot raise the action again. I'd contact the Sheriff Clerk with your case number and ask what is the status of the action, as only knowing that can accurate info be offered!

[gordieboyglasgow]

thanks buzby. my apologies for the spelling mistook (lol) but it does feel like a pain in the side!!lol

 

Just to note, It wasnt actually the bank that advised me on the likely outcome of the sist application (wouldnt trust them as far as i could spit), it was a solicitor, who also advised me I didnt need to appear.

 

I will contact the Clerk tomorrow and find out what the situation is and will let you know.

 

Fingers crossed it hasnt gone pear shaped, It would just be my luck at the moment!!

 

thanks again for your help.

 

G

[gordieboyglasgow]

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