nope none taken bigmac, i will however let you know how i get on with my case. regards poltmcm

yes fair do's but bigmac, you know as well as i do that full cost's could be awarded in summary cause and that has surly got the same implications ?? or am i being naive again...................... all i said was from the start that it does not take a solicitor to do ordinary cause, i also suggested that staff from each site work together on it, however i see that being a no. cool no probs, but please do not make me out to be rather stupid in this area as well you know i handed you some valuable info, which reminds me i need to phone Dunfermline sheriff court tomorrow...............right see ya take care all. and keep up the good work. regards poltmcm

who are you to get all high and mighty ?? yes i know there is differences with the ordinary cause but nothing so significant that a layman cannot do it if they are FULLY aware of the relevant rules etc and risks. You make it sound like it is not achievable for people do go this route where in fact all you need to say is, it is there however CAG do not support this type of claim, due to ............ beleive me mate i am more than capable in doing a ordinary cause, no it is not always a straight forward win that all depends on who you face and whether you done your research and i would think even the least confident person would actually do MORE research to ensure they do win. Also it may be advisable to think before you try and belittle people because you hold ..........well some sort of position here.........as it can turn people against you and the site, which to be honest, of which has reputation for that now.

yep pretty minimal i would say. compared to if you got a solicitor involved, IF you put in a pretty solid case as i beleive there has been wins in the fast track courts in England of £20-£30k on this site..........so i think you already know as long as you follow the advice here and know to agree you have breached the contract and argue the service point correctly you will win. if you follow the correct advice. why so negative??

yes, i agree with the not getting full cost's but if the litigant is not using a solicitor then cost's will be minimal.............surly, only the basic cost's of filing , different forms etc. only get's expensive if you use a solicitor.

can i just make a point here. ordinary cause action DOES NOT require a solicitor. you can do this yourself, however you do need to put forward a well presented case as is available on both here and PC. I know 3-4 members from PC who have taken the ordinary cause route and won, however these were in the early day's when the banks never attended court, that being said i do not see any issues with people continuing to claim through this route. the English route will give rise to the "stay" issue, however the OFT Vs BANKS does not affect Scottish court cases no stay applies up here, so i would say time the Scottish mods and admin from each site work together to find the true pro's and con's of ordinary cause, apart from the technical issues that the writ cannot be folded etc lol (but it is true!!!) i think there is a need to do this for the following reason the prescription and limitation act does not stop the clock until there has been a judicial demand,so people need to file court action to formally demand their money back, meaning if people have to wait until the case in the high court is settled which could be anything from 6 months to 1-3 years (whoever wins either way there will be a appeal to the house of lords, this we can be pretty much certain of) which takes time. in our cases time is money !! so if you wait then it will take charges off the tail end of your claim!!!! so if any of the Scottish Admin or mods wish to get together and work together to form a ordinary cause writ then test it. feel free to get in touch.

i.e hes lost with no right of appeal. However he can apply to appeal directly to the high court.

unfortunately the Scottish Information Commissioners Office does not deal with the data protection act, statements etc side of things up here !!! weird i know, but check it out by all means.

DPA and LBA's i would send by special delivery next day by 1pm, that way your guaranteed a sig !!! in fact the only way to get a sig !!

not a limitations claim ??? well sorry but is most certainly outwith the limitations and is entirely out with the limitations therefore this should still have been allowed...........simply because your claim is out of time with the act of '73 you are still allowed to proceed (this is up to the defense to highlight and use) also it is certainly not up to the sheriff clerk what is allowed or not. If there is a valid legal argument irrespective of the time claimed then it should be allowed as they do not have sod all to do with that side of it. All they should do is check the forms are correctly completed and pass them on to the sheriff, give you a return date and send out the documents to the relevant parties or yourself in summary cause route.

?? and how do you make that out like ?? if they supply a statement of claim going over the 5 years then quite obviously they are challenging the Prescriptions and limitations (Scotland) act 1973. You do realize that you can hold back your reasons until prelim hearing for limitations claims !! then the sheriff decides if it is a valid challenge to the act. again it is not up to the Sheriff clerk, contact court services in Edinburgh.