No stays in Scotland

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Hardly surprising unfortunately, thx for update.

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bump

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Hi lammy2203 keep your chin up the test case is due Jan/Feb next year it may rumble on with appeals but really should go the consumers way.

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We all agree and that is why we welcome this test case as it will avoid the huge efforts required to have returned what was unlawfully taken.

When the case comes out i suspect the banks to settle all claims without the need for court action, they had better do.

[Bigmac versus]

Like the idea.

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Just being realistic tweenies2 but to highlight how unfair this seems would be just enough, the case is due Jan/Feb but could rumble on with appeals/hearings for some time.

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This sounds very bad the fact the sheriff principal said there was a 'practice note' yet you have it confirmed none exsists.

I hope this helps the campaign in Scotland move on to another level and look forward to this becoming the norm with any case in Scotland.

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Great news Mike and as for the sheriff they really should know better than to assume this to be the case, thankfully you didnt.

What about the countless people who have had cases where a sist has been granted.

 

George

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So for any cases in Scotland should we be advising the following then.

 

Govan Law Centre have in writing from the Sheriff Principal at Glasgow that there is no Practice Note. Sheriff Principal Taylor advises that every bank charges case needs to be individually considered by the sheriff with regard to the particular facts and circumstances of the case. So there can be no 'blanket' stays in Scotland.

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lammy2203 i dont see why you shouldnt look into it as your sheriff may have also had the opinion that all cases were to be sisted, if this was the case then what you need is a copy of the letter in question which by the way Robert is working on.

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Been in touch with the claimant whos proof is set for Nov 11th November in Edinburgh.

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Hi teenybopper can you start your own thread in that banks forum please, this will help you in the long run.

Basically you cant split claims for same account.

In January the small claims limit goes up to £3000.

Court you file at must have branch in its jurisdiction, file where is convienant for you.

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Douglas52 there are plenty of posts in here regarding res judicata and this only works if no court appearance was made in an earlier claim for that same account. I have been in the unfortunate position of knowing this first hand and indeed argued each charge was actionable to the sheriff only to be told my claim was incompetant and to return for a costing hearing, this has happened to a few claimants in the early days and thankfully we have learned from it.

Where res judicata would work would be if a claimant had raised a previous action and did not appear in court on that claim as settlement was offered you could then raise a second action for that account.

You cant have multiple claims on one account as this is seen as an abuse of court.

 

Case Law 'Ponterfex v Wood' if i remember rightly.

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Hi Douglas52 none of us are experts we are all learning and the only way to do this is to discuss what options are available at the time, what i have learned since joining CAG is that methods used in our fight to reclaim what is rightfully ours changes from time to time and we all need to work together to keep this going.

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The problem is that you are not allowed to use the above ruling and the sheriff will no doubt tell you so. The only joy I had was arguing that my human rights were being infringed due to the timescales of the test case which was preventing me from having a fair trial within a reasonable period of time this was agreed by both the sheriff and the banks sols but the banks sols convinced the sherff that the test case would be resolved within weeks rather than months and so a sist was granted. If I was to return to court I would be arguing this very point and asking for a timescale to be put on the sist so to avoid my human rights being infringed.

 

2p worth