Forcing Court To Lift A Sist

[marko2002]

Hi guys again, my question is quite simply can we force a court to a point of law in insisting that they lift a sist purely based on the fact that there still is no definitive outcome on the OFT test case. Given the nature of law and the many interpretations that often develop from one case to another finding a particular point is obviously difficult but my understanding of a sist is that it is "improper" to sist based on any case which has no definitive timescales and given that the OFT case was already delayed it's now being said that it could go on for many months to come and even when a decision is reached it will be apealed anyway further prolonging the matter!.

Can anyone suggest a course of action as I personally would be prepared to return to court with an arguement as I was advised at the time of sisting by the sheriff (based on my argument that the case could take some time) that they would consider looking at the case again if it appeared to be taking too long.

Thanks in advance.
Marko

[rory32]

What was your original argument against the sist?

[marko2002]

Basically that 1)this test case refers to English law and not Scottish law therefore it should be up to a Scots court to run it's own test case if it so wished, otherwise proceed with the case according to law and not deny it
2)As no definative timescales could be concluded it was improper to sist as this again was denying me the right to legal course based on a case which was most definately to run possibly over the course of a year or so

Didn't wash with the Sheriff though, but I'm looking for angles on this one as I for one have just about had it again with the banks - if I would have had presence of mind at the time I'd have asked for a suspension of all possible bank charges but I might do this if I return to try and lift the sist!

[rory32]

Which sheriff court was it?

[marko2002]

Airdrie SC, can't remember exactly but it was (I think) September/October last year

[marko2002]

Reading with interest some of the comments made by Brian Doctor QC (for the OFT) in the eighth day of the OFT test case, here yet again we have a statement that no matter how long this test case last's (currently expected to last until at least next week now) the loosing side will no doubt appeal which then brings the question how long are we expected to wait, or another way of putting it is how long are we obliged (by law) to wait and how long can a Sheriff sist a case pending this outcome?. My guess is there are no hard and fast rules but surely there must be some precedent out there?.

Just in case anyone missed the latest news on this ...
BBC NEWS | Business | OFT accuses banks over charges

[marko2002]

OK, I've decided that I'm going to go for it and request that the court lift's the stay on my case on the grounds that although there may be a final decision in the pipeline this decision will be appealed by the loosing party which will further delay the matter therefore realistically there is no imminent decision and won't be for potentially 12 months. If anyone has any advice and/or can think of any test cases/examples that I can inlcude with my request I would be most grateful.
Cheers
Mark

[texel]

I am going to court tomorrow on behalf of my son. The bank are going to ask for a sist. I am going to try and avoid the sits on the grounds that the funds due are to pay the inland revenue for taxes. I hope it will work. will let you know

[miss scotland]

I have just phoned my own local court to find out the present situation with filing a bank charges claim, have been told that no claims will be heard until after the test case, asked if any courts were allowing claims to be heard and she said no one was allowed too it was a goverment ruling, it would be frozen until then and I could do nothing about it even if I appealed to lift.

[texel]

That does not sound fair!!!! Which Goverment English or Scottish???

[miss scotland]

sorry unsure which she was adamant that no court in scotland would proceed as they were not allowed, I asked about credit card charges as well but they had never had any of these kind of claims, so unsure what to do know!!!

[marko2002]

I would guess the clerk that you spoke to is very ill advised to say the least and was simply shooting their mouth off, as for the government to rule on such would open up a whole can of worms and would contravene the entire judicial system outright, not to mention there are still courts granting hearings, it's just that many of them are preferring to wait until the ENGLISH test case has been heard so I'd take what the clerk says with a pinch of salt although if anyone is thinking of putting in a claim DO IT NOW before the ruling is made as it could very well be that limitations are put in place as part of the ruling which could seriously impact the amount you might get back (but that's only my 2pence-worth!).

My problem is that I have already had my day in court and despite having argued that the test case is ENGLISH and that other courts have denied sisting other cases and that (at the time) there was no immediate outcome on the horizon, the sheriff still allowed the sist to be put in place. I thought it was wrong at the time and still think it is wrong now. Basically, I'm looking to see if anyone can throw alternative legal basis on my challeging the court to hear the case now.
Cheers
Marko

[texel]

See the thread about LloydsTSB to get the results of my court dealings with BOS trying to sist my case against them . It is so long I cannot retype it

[buzby]

What a spurious reason. Legal affairs are a devolved issue so what the English Government does is their concern. As I recall, the Govan Law Centre provides info on how to avoit a claim to Sist, and has been suvvessful on several occasions in Scottish courts

[miss scotland]

well done texel really pleased for you, which court were u in

[texel]

Perth Sheriff Court; and the lawyer listed a great number of sists in Scotland!!! I had a great judge the best I have ever had in all my court dealings. Best of luck in your case

[texel]

Well finally had my day in court. BOS said they were going to defend since they lost their sist So off I went. Of course BOS had no one there to defend them so the Judge asked me if I wanted to give them a couple more weeks to defend or did I want to win by default You of course know what I said Yes I'll take the cash. The the judge asked me if I wanted expenses of course I said yes. Now this brings up a new situation. The bank had me going to court to fight the sist. So with two trips to the court and all the time it took to work out all the charges ( this was my son's case) Anyway would you beleive the total expenses came to £535.00 now I don't know if I will get it all or not but we will wait and see!!!

[buzby]

Who arrived at the £535 figure, you or the court registrar? If the latter, then that will form the basis of your enforcement, but if you've simply totted this up yourself, the bank will appeal it as unreasonable for a small claims action.

[texel]

I made the charges up myself based on a case I had against BT their lawyer was charging me a total of over £700 so I worked out my figures based on theirs but a lower figure. Mind you I don't know if I will get it but I'll give it BLOODY GTOOD TRY.