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pancake roll

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pancake roll last won the day on February 19 2015

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  1. Well done, glad to hear its over. Its hard and stressful to do it yourselves. I went through 4 different credit cards company. I still get letters from different debt companies from uk chasing me for the debt, even thogh its been through courts.
  2. I think that Any adjustment of claim has to lodge by Incidental Application under Summery cause rules 13.1 (see below) 13.1. (1) The sheriff may, on the incidental application of a party, allow amendment of the summons, form of response, counterclaim or answers to a counterclaim and adjust the note of disputed issues at any time before final judgment is pronounced on the merits. (2) In an undefended action, the sheriff may order the amended summons to be re-served on the defender on such period of notice as he thinks fit. (3) Paragraph (1) includes amendment for the following purposes:- (a) increasing or reducing the sum claimed; (b) seeking a different remedy from that originally sought; © correcting or supplementing the designation of a party; (d) enabling a party to sue or be sued in a representative capacity; and (e) sisting a party in substitution for, or in addition to, the original party. (4) Where an amendment sists an additional or substitute defender to the action the sheriff shall order such service and regulate further procedure as he thinks fit. Email the solicitors and point out this rules. If you had a solicitors acting for you, your solicitors would point this out and object this. Sorry, i quoted you for SUMMERY CAUSE RULES. The ORDINARY CAUSE (under rules 18) should be the same.
  3. Hi, Just look at my file for MBNA, sorry Stress, the Solicitors was OPTIMAL LEGAL, but all these are tarr with the same brush. I had Yuill and K. with my other credit cards. All my cards was taken out before 2000 , all was sold on to the bottom feeders.
  4. Hi StressBall, I just seen your so call agreement . They did the same to me as well, by attaching a Credit Card Application form, but with mine , it was a blank form. Even the copy of the form was unable to read, the copies was badly copied. At this stage the Solicitors is trying to scare you. If you do get to the stage where you are given a proof hearing , then you must stand up and opposed the agreement. I did get to the stage where i was given a proof hearing, but on the day of the hearing, they offered to withdrew the case if i agreed to pay £1.00. This was my first case with the Bank, knowing now, i should have refused to pay the £1.00 but instead to claim for expenses for withdrawing the case on the day, which i could have done.
  5. Hi, thank you for comment. I have already register the two judgment in the high courts in England, (i live in Scotland). This person is a very close family member, the scottish judgement is alive for 20 years. I have to much going at the moment, i will deal with this one later. I know the bailiff action is different in England, Scotland dont have baliffs. I have seen it on the TV about the English Baliffs , they cant do this up here in Scotland. Pancake
  6. Hi Tigercub, Any update with your thread. I have been reading with interest. Just received my Calling Notice Today. PK
  7. The sheriff can’t accept any evidence at this stage of the hearing or make judgment because you are challenging and disputing the claim, that is why you have been sent a further hearing and the sheriff might announce his decision at that time. The other side will have to come up with a credit agreement documents 14 days before the hearing. With me, MBNA put a copy of credit agreement which you could not read and did not have my name or any signature. Just a copy of the blank agreement. The advantage of been a defender, you will see what evident (productions) that they going to use in court, then you have time to prepare what you are going to say in court. Have you put in the incidental application requesting documents? If you have not as yet, put in one now, you will get a hearing date before the proof hearing, which you and them have to turn up for the application. I have sent you a private message, .
  8. Hi, When is your evidentiary (proof) Hearing? Do you have any docoments from the solicitors? The solicitors and yourselves have to lodge documents 14 DAYS BEFORE THE HEARING. Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993 Chapter 29. Lodging productions 29.11. (1) Where a proof has been allowed, all productions which are intended to be used at the proof shall be lodged in process not later than 14 days before the diet of proof. (2) A production which is not lodged in accordance with paragraph (1) shall not be used or put in evidence at a proof unless— (a) by consent of parties; or (b) with leave of the sheriff on cause shown and on such conditions, if any, as to expenses or otherwise as the sheriff thinks fit. I'm sorry to hear that the Sheriff was unfair to you , i had a good sheriff with all my court hearings. I could help you with this. I had to go through the proof hearing with MBNA, But MBNA withdraw at the hearing, along with all the others that tried to sue me in court. Putting copies of the production to lodge in court is no that difficult , if you want help, give me a shout. The Sheriff is testing you and to see if you still denied the debt. Because you denied the debt, the solicitors is now in sh..t street. On the day of the hearing, they have to put on the table what evidents/documents that they going to reley on. They must give you a copy to you 14 days before the hearing, you have a good idea if you going to suceed. You also have to put what you have as well. I can advise you how to put the list together. The other side cannot add any documents or admend after the 14 days. Pancake.
  9. Well done, good on you. Glad to hear that they paid up. I have Been rip off in the past many times. As i got older , i 've learnt to deal with the situation and not scare to complain . You have to have courage to stand up to companies who crosses the line. If you know they are wrong, fight for your rights. I tell you , i dont put up with Sh..t anymore.
  10. Which one do you want me to start? I do have a few stories I can tell. The problem is my grammar is not that good to put my experience on paper. I have been away for past few years, staying with my daughter in Australia to help her set up a business and also help her with the kids. I had to come back to sort out my bank who has a charge on my property. This story I can’t tell at the moment, because this one is still ongoing. From 2009 -2012 I appeared in my local sheriff court at least 22 or more times. One case took me 14 court appearances to win. This person owed me £3,000.00 and refused to pay me back. I sue him twice; the other amount was £2,500. Second time round was a little bit easy, only 6 court appearance ,as it was like a carbon copy of the first case. His solicitors made a bundle from him, I think around £9,000.00 in fees. Yes £9000.00, he could have paid me in the first place. I still have not been paid yet, the 8% interest is adding on these two judgment. This person lives down South and still refused to pay his judgment. I write to him every 6 months and remained him the balance; so far the debt has go up from £5,500.00 to £8,500.00. I been also sued by 4 different card provider through the small claims court and I manage to win by sticking to my guns , knowing procedural requirements and understanding the concept of evidence , and what you need for it to prove a factual matter. I had to put my head down and did a lot of reading. The sheriff was surprise with me, because I had all the rules type out ready quote to him and the other side solicitors . He was very good and understanding judge. When you are acting for yourselves in a small claims court, as a party litigants you tend to put things across on a personal level than if you had the solicitors acting for you. You don’t expect to use technical terminology. The most nervous time for me was when I had to examined my witness with questioned. I was anxious for days, thinking the entire question to ask him. I got through it ok. I did tell you it a long story.
  11. Thank you. I had a bit of a rough time with my bank since 2008 and the bank have made me tough. I am still not finished with them yet. I am 59 year women who will not let anybody bully me. I also took my local NATIONAL TYES to court and sued them for £2,000.00 and won. They refused to replaced parts that was faultly. (long story).
  12. Thanks Stressball . This is what you want to hear from the Sheriff ‘’I shall therefore grant decree of absolvitor’’ If the sheriff grants 'decree of absolvitor' it means that they've decided that the defender has won the case. It means that it's the end of the matter and the pursuer can't raise another action about the same thing.
  13. Gladly to help. I wish I was here to help you earlier. I can only tell you what I experience in court myself. At the moment I am dealing with a much more complicated issue with my business secure loans and overdraft. It’s at the early stage of the threats by the bank solicitors. I can’t say too much at the moment, because they might be reading my thread. I will reveal my experience with this one later on. The bank solicitors are in Glasgow. I will need to find an appointed Lay Representative to help me. I have already spoken to someone regarding this. Repossession law in Scotland is quite a lot to read and complex, so I will be struggling with this. I have done a lot of reading of pass court cases, so I can get the feel what might be the outcome to my case. And also to understand some of the technical terminology and procedural requirements. You can get all this from BAILII database website for the Scottish Court Decisions. This has taken over my life for the past 8 years with the bank It’s on my mind day and night. I can’t sleep so that is why I do a lot of reading at night. I feel like a matured students studying Scottish law. It’s harder to remember at my age (59), so a lot of information that I come across is store in files and on my computer.
  14. The Solicitors knows right from the begining that they have to show some sort of proof of the debt . To them , they are getting paid to scare you off, so at the early stage of the action they are testing you as a party litigant whether you can spot what they are doing and also see if you contest the action to the Sheriff at the first calling hearing. I went through all that at the first calling , i contested the claim because of no credit agreement or any documents to support the debt. Because the oher side had solicitors , the sheriff had to set a proof hearing for all parties to give the evidence. when the proof hearing is set, (normally in two months time), both sides have give PRODUCTION/DOCUMENTS before the hearing. With me, they all withdrew before the hearing because they did not have the documents. Just to let everybody know i took out these credit card around 1995 i was only paying the min. amount, over the 14 years i must have paid thousands and thousands to them. 2009 I went into debt and could not afford the payment anymore, i did have payment plan with all of them. After one year they decide to sell the debt on. When i found out, i stop all payment to all of them.
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