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Everything posted by texel

  1. If it was me I would start the court action who knows what will happen. Best of luck whatever you do:)
  2. In this day and age I think some people like the judges and OFT don't really know the meaning of penalties. According to The New Webster Library of Universal Knowledge ( De luxe Library Edition ) Under penalty, apart for the punishment for crimes etc. is the meaningTHE SUM FORFEITED FOR BREAKING AN AGREEMENT.Now to me this means the agreement of not going over an overdraft or having cheques etc returned. So any funds forfeited are penalties. In a case, I have going. I informed the judge this, when the lawyer defending the BOS tried to say that the charges were not penalties.
  3. The first time was to set the hearing date BOS tried to sist turned down:D The second was the hearing BOS did not turn up so I won by default. After sending the extract to pay by the sheriff officer. Two weeks later received a recall with the excuse that the banks sol. had made a mistake of the date. They tried a sist again turned down:D this was the third court appearance another date for the hearing:( The next time I made a mistake. I did not know that I had to have the proof papers etc. In the court two weeks before the hearing. ( I had them with me) So another date has been set for I thought was the hearing and I took my papers to the court two weeks ago only to be told by the sheriff clerk that this next time was to set another date for a hearing. so I will have to go to court again this will be the sixth time. Maybe I have missed a date or two, because I thought I had already gone six times. I am old so my memory is not what it should be;) All in all it seems a lot. The whole thing started in FEB. Ha I know I have missed dates because a third sist was tried and turned down again:D
  4. Congrats:D You were lucky. I had three cases settled like that. But am presently handling one for £2500 The HBOS decided to defend. I have been to court five times already and still not finished. Their defence lawyer was one complete with wig. So unless they are paying him a very small retainer it will be costing the bank more than the actual case. Even if I lose:( (which I hope not) All they can get for expenses is £75:D
  5. If you live in Scotland you stand a better chance of going ahead. But South of the Border it might be difficult. Don't forget to use the hardship case wherever you live.
  6. This case has been going on since feb I have been to court six times. i have been to the court on so many occasions that I am greeted Good morning Mr----. I have had cases against HBOS RBS and many credit card companies All ended settling out of court except this one I am doing for my son. The last day in court should have been the last one except I made a mistake I did not realise that for the proof day I had to have my proof papers handed to the court two weeks before the case. I had them with me but the judge told me I had to come again on the 5th.Nov So i made sure I got them to the court in time. I took them on the 9th. Oct. only to be told that the 5th. Nov. was only to arrange another day for the proof:mad: So i will be going again some time later:mad:. I hate to say it but the judge said the 5th. was for a hearing. But the sheriff officer said otherwise. So we will see whatn happens!
  7. No bother once it was my time to speak (after the defence had their say) I quoted what I had written down from my notes. The Govan Centre bit I did not say it was from the Govan Law Centre. It let the judge know I had Done my homework. I stressed the point of the case being approved by The House of Session and was binding across Scotland. Hope this helps best of luck:)
  8. I have had a sist refused three times by two different judges in Perth Sheriff Court. I used the Govan law Centre example of Cohen v Clydesdale bank and also hardship case. I would not bother to tell HBOS that you are going to oppose the sist. I did'nt and my case was against HBOS:)
  9. It is hard to imagine that you would rev your engine to the extent of having a con rod going through the block. I am 78 and have been driving since I was seventeen. In younger years my hobby was moter racing hill climbing rallying etc. I have never heard of a con rod going through a cylinder block which makes me think it would need a hell of a high rev. for this to happen or weak block. Perhaps it would be a good idea if you could get another opinion or at least threaten to get one if your dealer does not get the Fiat to fix it throught the warranty. You could also try the Trading Standards. I would not give up. you could also threaten to write to the press. Best of luck. Let me know how things go.
  10. reallymad women Thanks I have already contacted a lawyer but he seems to be dragging his feet.
  11. That sounds rediculous. Why can't you withdraw less than £ 30 from Nationwide when it is your money i would creat a stink. you should never be forced to use a cash machine! I never have myself and do not intend to in the future. Contact the manager and give him hell.
  12. you can write to the DCA stating you never received any letters from them until the court action letter. Is the debt correct ? Do you owe this money claimed? If you have to go to court, don't worry. Small claims courts are very reasonable. You can tell the judge that the first notice you received was the court action letter. If you do owe the money you can say that you will make a payment of so much a month etc. which will satisfy the judge. Best of luck:)
  13. If you sent your letter recorded dely. You can check with the P.O. on their website which will let you know who signed for it. to see proof of dely. go to www.royalmail.com and quote the reference number. If it is not your bebt you have nothing to worry about. Best of luck:)
  14. in Oct. 2004 I applied for outline planning permission for two houses on an area in front of my cottage. On 20/1/05 it was refused. I appealed to the Scottish Ministers also refused. So I was forced to sell my cottage ( owing to pressures from bank and credit card companies). Two years later the buyers applied for exactly the same as I did, Same location and everthing etc. They received planning permission. I wrote to the planning authorities enquiring why it had gone through when my application had been turned down. I was told the rules had been changed. I checked the website and could not find any changes. The Council had given me several policies why my application had been refused. I am now homeless forced to live with my sister in one room. Can anyone tell me if I have a good reason to sue the council. We are talking about a serious aqmount of money I could have had, had I been able to sell the building sites in 2005. Any advice would be of a great help.
  15. tell the judge anything that would help your case hold nothing back. He/She does not know your background so use anything tht you think would be of help.
  16. Now you know what it is like going to court:) Not that bad? you will be easier the next time its a pity that that will not be until Dec. I had a similar situation in one of my many runs to court and you are right it did help getting my sist refused.
  17. Yes use whatever you can. But if you are in a hardship situation definately use that. you can also use my situation having sists refused in perth Sheriff court on three occasions against BOS. I can't think of anything else at the moment. Best of luck. Let me know how you get on. Don't worry about the judge or if RBS has a lawyer present. I had one complete with wig on the five times i went against BOS. it is costin BOS much more paying a lawyer than what I am claiming of it is only £2500 plus expenses:D
  18. just tell them that if you receive one more call that you will sue them for harrasmant. I did that with allied something or other. So far have not heard any more. But will have to see what happens.
  19. The judge did not tell me I could not use the example of the Cohen case. When the sol tried to use the the excuse that the OFT case might be settled I said that the case could be appealed and on to a higher court and eventually on the the european courts which could take years. That could be why the sists were refused. I would not ask for a timescale that would mean I was going along with the sist. I also used the hardship case and so far it worked I am now going to court on the 5th.Nov for what I hope will be the final time The reason it was not settled the last time was my fault not having sent the proof etc. two weeks before the hearing. I will be ready this time!!!
  20. to follow the above I used areport from the Govan Law Centre. item 2 The general rule established fronm the case of Clydesdale Bank v D&H Cohen, 1943 SC244 is that itm is improper to sist a case pending t5he outcome of a similar one until the pleadings in both actions have been fully adjusted (i.e. finalised and closed). This decision haqs been upheld by the Inner House of the Court of Session and is therefore binding across Scotland. Hope this helps. You can check the Govan Law Centre website. Best of luck for you on the 9th. Don't worry about going before a judge. it is quite easy and they are there to help but not to give you legal advice. Let me know if I can be of further help:)
  21. I have had a sist refused three times by two different judges at Perth Sheriff Court
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