No stays in Scotland

[rrfcfan]

Thanks Texel,

 

I was reading through the forums and I found an interesting article regarding sist applications being refused in Inverness JASON COLEMAN+AARON THOMSON v. THE CLYDESDALE BANK+THE BANK OF SCOTLAND, 07 September 2007, Sheriff D. Pyle. Would it be wise to use this article in the hearing tomorrow ? Do you have any another suggestions on how to oppose the sist?

 

Thanks again.

[texel]

Yes use whatever you can. But if you are in a hardship situation definately use that. you can also use my situation having sists refused in perth Sheriff court on three occasions against BOS. I can't think of anything else at the moment. Best of luck. Let me know how you get on. Don't worry about the judge or if RBS has a lawyer present. I had one complete with wig on the five times i went against BOS. it is costin BOS much more paying a lawyer than what I am claiming of it is only £2500 plus expenses:D

[rrfcfan]

Phew, I am glad that was over.

 

I attended hearing at Tain Sheriff today to oppose sist. I explained that the OFT case has little bearing in a Scottish Sheriff Court using the notes on the GLC . The defense explained to the judge the timescales of the OFT case. I argued that the OFT test case may go on for many months if not years as the Banks may appeal at any decision made and even may go to a higher Court.

 

The Judge requested that the sist application was to be put on hold pending the OFT 4 week hearing at the end of the month.

 

I am due to return on the 4th of December.

 

This wasn't quite was what I expected.

 

I take it that if the banks appeal to the decision thus delaying the case this will assist my claim to oppose the sist at the next hearing.

 

Has anyone else suffered the fate ??

 

Thanks again guys. !!

[daarab]

Hi RRFCFAN

I'm just away to lodge my claim against HBOS at Arbroath, and was hanging fire till your outcome. I suppose I'd better bite the bullet and do it.

Read you posts with interest and now , hopefully know what i'm letting myself in for.

[rrfcfan]

I think I could have done better today, as the judge was asking about my occupation, I should have implied that I am also in receipt of WFTC I should have a made a case for financial hardship.

 

I also considered using 'that my Overdraft is made of Bank Charges and the overdraft interest is accruing' . I wasn't sure if this was a good move!

 

Anyway, I am glad thats over and done with for the time being.

 

What are the possible outcomes of the OFT test case heard over the next month or so ?

[texel]

Now you know what it is like going to court:) Not that bad? you will be easier the next time its a pity that that will not be until Dec. I had a similar situation in one of my many runs to court and you are right it did help getting my sist refused.

[texel]

tell the judge anything that would help your case hold nothing back. He/She does not know your background so use anything tht you think would be of help.

[bathgatebuyer]

I'm going to put in an application against Natwest at Edinburgh - the information above will undoutedly be useful. I'm only looking for £380 which have accrued over the past 3 years. If I complain the FOS, it autmoatically costs Natwest £450 to deal with the FOS complaint so why they just don't give in now, I've got no idea.

 

Is court really the best route or should I put in an FOS complaint and await the outcome of the Test case? There's no immediate rush for the money - it would be nice though.

[texel]

If it was me I would start the court action who knows what will happen. Best of luck whatever you do:)

[rory32]

Certainly I would far rather have a case lodged at court than with the FOS. FOS's decisions are not legally binding where as a courts are. Also by filling at court you remove any possibility of negative prescription (statute barring of a claim).

[rrfcfan]

Whoo hoo, I have opposed the sist, the bank has to defend in 28 days.

 

The judge asked the banks solicitor where at what stage the OFT case was at, the solicitor couldnt give a definite timetable of the case.

 

When it was my time to speak in the court room , I explained that my overdraft was made up of charges and it is accruing interest every month and also that there is no timetable of the OFT case, and my case would not be heard for months or even years, that it would be an infringement of my human rights.

 

The judge almost immediately requested that the banks to appear in court in 28 days to defend the case. What really surprised me is that there is to be no proof hearing.

 

This has to be good news.

[Douglas52]

Watch the post now- in my experience the closer you get to the court date the more likely you are to get an offer from the bank solicitors. But watch out - usually they will offer you less than you asked for. Stick to your guns you should be able to hold out for the full amount - even up to the day before the hearing. Good luck.

[bathgatebuyer]

I'm going to be sending in my application against Natwest at Edinburgh Sheriff Court in the New Year so good to hear about the good news in your case rrfc.

 

I know Natwest use Cobbetts down south but anyone got any idea who they use in Scotland?