Going To Court In Scotland - Help

[Michael23]

Hi there,

 

I filed a summons to the local sheriff court a few weeks ago and was given a return date of 17/09 and a hearing date of 24/09.

 

I called the court this morning for an update and was told that there was an 'Intention to Appear' listed against the case. Does anyone know if this is normal procedure for the banks or will they actually appear?:o

[kennythecelt]

Hi Michael and welcome

 

Yes, in view of the OFT test case it is most likely a solicitor on behalf of the banks will appear and request a sist (stay in England). However, not all cases are having sists applied automatically, it depends on the sheriff.

 

Can you please let us know what sheriff court it is?

 

Have you had a copy of their defence papers yet?

 

Thanks.

[Michael23]

I havent received anything from the bank or court yet. The court is based in Greenock.

 

Have there been any similar queries like this and if so what has been the outcome??

[kennythecelt]

I heard that advice might be available from Castlemilk Law Centre.

 

Contact details are listed here-

 

| free legal advice, representation or generalist help in Glasgow City |

 

This lead came from Govan Law Centre who have been very active also.

[joice]

Hi Michael23

I live in Greenock and spoke to a lady at the court who told me that they have never had a bank show up. They have had papers filed to say that the case should not have been heard as it was filed under the wrong rule and the Judge ruled against the banks. Is it under £750 you are claiming for?

[joice]

Hi Michael123

 

Just a wee note to say good luck for 24/09. Was in at court on Thursday on business and happened to ask how things were going with bank charges and the wee guy in the box told me that all cases were stayed... Hope that is not the case and you have wasted your time and energy.. I will be keeping my fingers crossed for you. What time do you have? I might come in and give you a bit of support.

[Michael23]

Hi Joice,

 

Sorry i didnt reply earlier. At the original hearing on 24/9 the lawyer for the bank applied to sist the case......we were given a new date of 8/10 to reappear. NicolasMcN who posts on the forum went up to represent me at court and managed to successfully oppose the sist. The judge was quite clued up on the matter and more or less shot the solicitor down in flames. He gave us a new date of 22/10 to reappear for the hearing. I was ordered to 'ampify' the case at the request of the solicitor - in other words he wanted me to put in writing exactly why I deemed the charges to be unlawful.

 

Nicolas has a 7 page template on this which he is handing in to the court at the end of the week.......I'm hoping that I either get an out of court settlement before the hearing or that the bank don't appear this time. I'll let you know how I get on.

 

Cheers

[lammy2203]

Well done and good luck, i had yo appear in front of the sheriff yesterday to oppose a sist but the sheriff granted it. He said before i even spoke that he doesnt agree with other sheriffs who dont grant them and in his jurisdiction he will always grant them. My case was in the Dumbarton court

[joice]

Hi Michael123

 

Was wondering how things went at court yesterday? Was keeping my fingers crossed for you.