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7givenchy

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About 7givenchy

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  1. I had the third hearing of my claim against HBOS on the 3 April. At the previous two hearings they had legal representation, and the sheriff suggested I went and prepared a more formal defence. However at the third hearing HBOS failed to attend. The sheriff said that as they had previously defended the case, legally he had no alternative but to give them them another opportunity to respond and set the hearing for the 14 May. He asked me to check if HBOS had settled the claim without informing me. I contacted their litigation solicitor that I had dealt with previously, he said quite honestly they were unaware that the hearing was taking place. However he asked if I could let them know how much I would be willing to settle for as I had no chance of wining a claim over six years . I said that if the case was so cut and dried the sheriff would not let it go to a fourth hearing. I took a brave pill and said I wanted the full amount £3354 which they have recently agreed to and I am awaiting settlement.!!! It has been a long road but worth it in the end
  2. In July of last year I requested and received 10 years statements from HBOS
  3. I currently have a small claims action beyond 6 years against HBOS. They lodged a defence that the claim was time barred. At the recent third hearing HBOS failed to attend. The Sheriff said legally he was required to allow them the chance to defend the action as they had previously lodged a defence. The hearing is set for the 14 May
  4. In July of last year I requested statments for the previous 10 years from HBOS.
  5. Thank you Sorry Bookworm I had difficulty with the link I
  6. 7givenchy

    Court bundle

    Sarah13 Success!! Thanks I was having difficulty with on the link from bookworms thread
  7. Bong Well done !!! I would be most grateful for the details Regards
  8. PLEASE Can anyone advise where to find the Early Day Motion for inclsuion in court bundle
  9. 7givenchy

    Court bundle

    Where do I find a copy of the Early Day Motion needed for inclusion in court bundle?
  10. Hi I have a full hearing of my claim for charges over six years on Tuesday 3rd April. I have been asked to provide details of successful claims over six years can anyone help with this please. I had decided not to pursue the case, but when I spoke to the court clerk she advised that I may have to pay costs so I have to go along and do my best.
  11. Many thanks Robert I think Section 9 has some bearing on my situation
  12. pict, I too have been following the thread with interest, and I am greatly encouraged by your situation. I started Small Claim Action against Bank of Scotland for period 12/01/2000 -13/07/2000 Hearing Date was 13/11/2006. Bank defended the action - their defence being that it is time barred under Section 6.1 the Prescription and Limitation (Scotland) Act 1973 Case adjourned until 6th February. At the hearing on the 6th Feb the judge listened to my defence and questioned me for more than an hour as to why I had not challenged the charges at the time, and indeed why I had allowed my account to become overdrawn on so many occassion. I quoted the article from Burness I told him that other claims over 5 years had been successful. He asked me to supply details of these cases, before the next hearing I submitted the statement from the OFT, which he said had no legal bearing. He said he could not make a decision at that time as the case had raised a number of legal issues. He advised me to prepare a much more legally based defence before the next hearing which is set for 6th April . Your situation is looking favourable and I look forward to hearing what the outcome is. I would be interested to know what your response would have been if they had defended the action Very best of luck!!!
  13. Carol Is't this site wonderful - you ask a question and as if by magic a moderator responds!!!
  14. Carol I think the best course of action is to seek advice from a Moderator who will be able to advise re court proceedings Hope you are feeling better Regards S
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