I tried that (amongst other arguments) but the Sheriff still happily granted HBOS their sist on my claim (& 6 others)......very:evil:!

I received a letter from HBOS with the same wording - I just read the whole thing as an attempt to discourage any kind of court action from the outset, & correctly my that my "right" to refer the complaint to FOS is unaffected, it's just that they would not act on it!? This was just before the bank successfully applied to sist (stay) my Small Claim in the Sheriff Court

Yes - I can appeal at any time, & have another 'hearing' to object to the sist. If I hear that anyone has successfully objected to a sist on their claim I may consider it. In light of more recent info I still don't think there is any overwhelming argument that I didn't use in my objection, but with legal representation I would at least be able to argue more effectively & eloquently against the bank's well prepared defence... The Sheriffs' 'default' course of action is definitely just to grant the banks' sists - I've had to outlay court fees & take time off work thus far, I'd have to be pretty confident to justify further expenditure, & sorry to be -ve but at the moment I'm not! GSB

Unfortunately the Sheriff's are seeing it as relevant in Scotland. The banks are by default making Incidental Applications to SIST (stay) any claim pending the OFT hearing. I tried but failed in objecting to HBOS' sist application on my small claim in Aberdeen yesterday. He granted HBOS 6 other sists in the same sitting... The bank's legal representative was very well prepared, but I'd be interested to hear of anyone who has successfully managed to block a sist? GSB

SIST is granted "pending determination of the OFT test case" ...ie indefinitely! I can theoretically attempt to have the sist overturned at any time with another 'hearing' - I would maybe consider this, but only with legal representation. The banks are very well prepared. I got the impression however that with a good lawyer, a claimant who'd begun court proceedings before the Test Case announcement may have a very very slim chance of successfully objecting to a sist on personal grounds... So yes - very bad news!

Bad News I'm afraid - 7 cases against HBOS all granted sists this morning. The Sheriff seemed happy to treat them as a batch, & seemed surprised that me & one other claimant had actually bothered to turn up & argue against the Bank's representative, whom it should be noted was well prepared against any objections to the sist we had - namely; - relevance of test case in Scotland - right to hearing (human rights) in reasonable time, esp Small Claim - unfairness in favour of banks - indeterminable delay put on our case whilst the banks can continue to apply penalty charges - personal aspects - court submission prior to Test Case announcement, expense incurred (court fees, time off work etc ) The Sheriff did seem agreeable with my objections, & I actually thought he was going to change his mind, but alas I guess the courts are as keen as the banks to 'close the floodgates' on these cases, & by rejecting the bank's sist application he'd be setting some kind of precedent for all the cases to continue regardless... Bad timing for me it seems, & a long wait for all of us still claiming? GSB

Thanks - all useful info in that link. Am I being too cynical however to suspect that the outcome of the previous 3 applications for sists before mine will have the most bearing on the outcome? Surely the Sheriff is unlikely to grant one sist & decline the other on 2 essentially identical bank-charge cases? How do I contact the Govan Law Centre? GSB

Case is being held in Aberdeen Sheriff Court. I was hoping for some more input from the forum, but I guess (through spectacularly unlucky timing) my case is probably part of the 1st batch of these being hit with applications for stays / SIST by the banks. I'll go along on Thurs & see what happens, but suspect I'm at the mercy of the particular Sheriff & the way he/she has judged on the prior cases that day. Whatever happens I'll report back for the benefit of other forum members...sounds like this will happen to everyone now at the court stage. GSB

From reading the Scottish Sheriff Court Small Claims guide it looks as though if I want to oppose HBOS' Incidental Application to SIST my action I need to attend in person on Thurs & defend myself. I'm guessing this is happening to everyone now that has a case already in the Court system - so just looking for any hints or experience from others who have recently gone through this process? Has anyone managed to have a bank's SIST Application thrown out? I notice the Sheriff Court is hearing 3 other Incidental Applications on cases against HBOS on the same day, so I presume the bank will send a solicitor to do the "batch" - doesn't look very promising really...

Ok, so my understanding is that the sist has not been granted by the court yet, & that I have been summoned to court on Thursday for that hearing... What I'm unsure about is the procedure for this hearing - do I have the opportunity to defend the "Incidental Application" in person / do I stand a chance / what is the best line of defense?

Dear experts - advice required urgently! I had recently launched a small claim action against HBOS prior to any news of the OFT test case, for which I had a return date of 23rd Aug. (Aberdeen Sheriff Court) I have just received a court summons for Thurs (16th) to hear an "Incidental Application" by HBOS to sist my action pending determination of action raised by the High Court for the test case. I have no idea what the procedure for this is, or what I should do...! Has anyone been through this process already? Do I need to actually attend court & try to defend that my case should go ahead? What are relevant arguments I can use? - financial hardship? -length of test case? -invalidity of High Court judgment in Scotland? My initial reaction was that I should just give up, as the claim was only for £750 - BUT that's exactly what HBOS want me to do....so I think I'll take them on as a matter of principle. I've already paid the court fee so I don't really have anything more to loose? Please help - any advice hugely appreciated. Thanks in advance, GSB

Thanks for the re-assurance... I'll keep my fingers crossed & see what happens on my return date!

I was looking for some sort of clarification on this also.... My small claim proceedings against HBOS were lodged with Aberdeen Sheriff Court before the announcement RE the test case, & I have a return date of 23rd August. Since then however, I received what looks like a generic letter stating that if I launch a court action they will immediately apply for a 'stay' & the bank will categorically not be settling any claims until after the test case is complete. I haven't heard anything from the court yet, I guess I'll find out on the 23rd. I assume it's still the case that if they do nothing by the return date I win?

Thanks for the (slight) reassurance!! In the event of a hearing I would categorically be able to substantiate my claim to a sum far greater than £750, so I'd like to think worse case scenario would be that my use of an estimate could prolong the agony. I'll have to check my return date - but will keep the site informed of any developments...

RE estimated charges - I had from the outset made the decision to pursue the claim via the Scottish Sheriff Court for simplicity, so I was always going to be restricted to a max of £750 + interest. Both I (& the bank) can see that in reality the 5 year figure will total significantly more than this - have I been naive in thinking that this would expedite my settlement, given that the bank are 'getting off lightly' ? I have a hearing date of Aug 8th, but have heard nothing thus far from HBOS.... ...am now a bit concerned!