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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. I have paste my notes that i have in my file from my perious hearing. As i said in my threads, i have to do a lot of reading. I have put in bold. Preparation for proofs Witnesses Once a proof has been fixed by the Court the parties are entitled to cite witnesses. Witnesses may be cited either by recorded delivery or by Sheriff Officer. The period of notice is a minimum of seven days. The form of witness citation is form G13. Witnesses who fail to attend are subject to a fine of £250. There is a considerable practical limitation on the power to cite witnesses in the Sheriff Court. It is only possible to cite witnesses who are located in Scotland. Witnesses who are located in Scotland who refuse to attend may become subject to a procedure known as second diligence which involves them being arrested by Sheriff Officers (OCR 29.9). Within 14 days (28 days for actions raised after 2 October 2000) after the court order allowing a proof or proof before answer the parties are required to intimate to each other a list of the witnesses upon whose evidence they intend to rely (this would extend to witnesses giving evidence by Affidavit). The list of witnesses must provide the name, occupation and address of each intended witness. This is another requirement which is more honoured in the breach than in the observance, however, it is potentially of considerable importance as a party who tries to call a witness who is not on his list may face an objection from the other party and will only be allowed to lead the witness with leave of the Sheriff (OCR 9.14). Documentary evidence A similar rule to that relating to the disclosure of the identity of witnesses also relates to documentary evidence. Within 14 days after the court order allowing the proof or proof before answer each party is required to intimate to the other a list of the documents which are or have been in his possession or control which he intends to use or put in evidence at the proof including the whereabouts of those documents. Again this rule is virtually ignored, although the failure to comply might lead to an objection whereupon the evidence will only be allowed subject to the discretion of the Sheriff. It is thought that the rule may only be significant in the situation where the other party can genuinely show that he has been taken by surprise (OCR 9.13). It will often be the case that any proof will not occur for perhaps several months after the court has allowed a proof to take place. Paradoxically the parties are only actually obliged to lodge their productions in Court a clear 14 days before the date of the hearing (OCR 29.1.1). Copies In the course of a proof objection may be taken to the use of copy documents. It is therefore desirable as far as possible to lodge the principals of any document. Where copies are used these should be appropriately certified in terms of the Civil Evidence (Scotland) Act 1988 as true copies. It is often inconvenient to produce originals. Often originals will have been destroyed and only microfilmed copies will exist. If there is to be an objection to the use of copies it is better not to wait to discover this until an objection is taken to a line of evidence in the course of the proof. One way of achieving this is by way of Notice to Admit as explained in section 2:7.6.5. Copy productions As well as lodging the principal copies of productions or alternatively certified copies OCR 29.12 requires the party lodging productions to lodge an extra set for the use of the Sheriff. This is to allow the Sheriff to have a set of copies to look at while the witness is speaking to the principal copies. It is normal to provide a set of copies for opponents. Notice to admit Once a proof has been allowed in terms of OCR 29.1.4 a party may call on his opponent to admit facts relating to an issue focused in the pleadings. Similarly he may call on his opponent to admit that a document lodged in process is an original and properly authenticated document or a true copy of an original and properly authenticated document. If the opponent does not issue a notice of non-admission within certain time limits then he may be deemed to have admitted the facts or documents referred to in the notice to admit. Notices to admit are particularly useful in relation to copy documents. If a notice to admit is issued as soon as a proof is allowed then it will become clear whether or not there is an issue to be taken in relation to the use of copy documents
  9. 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.
  10. 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.
  11. 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.
  12. 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).
  13. 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.
  14. 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.
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