this is to let you all know that I attended court this morning, and after a long wait ( 9:50 - 11:37), I was finally called. I was asked by the sheriff to speak first and give reasons to recall my sist, then the banks lawyer defended his reason and said in his view the circumstances of my case had not changed at all and the sist should be upheld. The sheriff then said that he wanted time to read over the tax credits act and the social security act , the info on the crossan case and would re-convene in 15 minutes. On his return he stated that I had misinterpreted the acts and the crossan case as the charges described by both of them was refering to (in his opinion) a creditor freezing a bank account and not bank charges . the decision to recall the sist was denied. I would be grateful for any thoughts , opinions or advice on this matter.

by the way , should I refrain from mentioning the crossan case ? or does it not matter as the banks lawyers have a copy from me?

thanks i will take notes from that. I have also downloaded from each of the gov.uk sites for each benefit, the methods of payment for each benefit recommended. I hope that I can find a straw to clutch

what reason should i give for recalling the sist though?

having thought a lot and read a lot I think I may have overstepped the track a little. Am I correct in assuming at this point that tomorrow I am only going to court to recall the sist and not to argue the whole case ? Do I have to ask for 'prima facie' at that point or will asking it to be recalled on the grounds that there is little point in waiting for the OFT case as it cannot be determinative of a common law case in scotland . alternatively can I argue that because my case is to do with very indentifieable benefits that my case has no relation to the OFT case and thereby it is inappropriate to waste time waiting for the outcome of the OFT case? , or is there another approach? sorry to put all this in but I am unsure which route to take in my arguement tomorrow

right , the letter stated the court date as the 24th and on monday i went to the court office to ask when the date and time was, the lady could only apologise and say that i should have had a letter but i now knew the date and time, she could not explain why a letter had not been sent to me. (the girl who sent the letter had not did mine and unfortunately was not in the office that day).

ok , to rory32, i made the incidental application to re-open the sist based on new evidence , namely the crossan case in airdrie that i found on the govanlc.com/nlc-crossan-judgment.pdf , this is my first attempt to argue my case against benefit arrestment by the bank charges. I intend to go for 'prima facie' which means i exercise my right to a hearing without delay. I am very nervous about this as i dont want to lose on a technicality.

yes , that is the case I am referring to , thanks

can someone please go to my thread entitled "incidental application" and read my last comment , i need advice urgently.

please can anyone give me advice on how to present my case in court ??? . I am to attend on friday morning, my case is based on the case in airdrie that was heard in july, i found that copy of the whole case here on the consumer forums. i need to convince the judge that the wording of the social security act and tax credits act mean that money can not be taken from benefits in charges (basicly). i am really nervous, i feel that i am not equipped to argue against a barrister and convince the judge, as it is supposed to be how the wording in law is interpreted. can anyone give me a push in the right direction ?

yes btw sorry lol

well , i had to type out the application myself and asked for the case to be heard again based on new evidence. the woman in the court office read it through ( as i asked her to) to check it was ok and i asked if there was any more i needed to put down and she said it was alright and nothing else had to be done except wait for a date for court.

ok i am claiming against the bank, got sisted 5th nov 2007 , incidental application went in 7th october and received the letter from banks' solicitor this morning

please can someone advise me? i have received a letter today from my banks' solicitors asking for copies of documents i intend to use in court, i do not know whether to give them all copies. also i have not heard from the court of the date or time but the letter states the 24th october. i am really worried as i am not a well person at the moment and i dont want to lose . please reply soon as there is not much time to get my head together on this lol

Thank you so much for your reply and I intend going to the pf office on monday next week to apply for another hearing. I hope to be successful and if I am , I will be online to post every last detail to help everyone else and support anyone who needs it as you helped me:)