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autonomousone

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  1. Hey Dx, I checked for news on both party's websites and there's been no update and nor was there on the sheriff court's website. Do you know if there's a way to request the court to provide the judgment details if they decide not to publish it? All the best,
  2. Hey Dx, That's what I understand to be the case also, the case details aren't available to read on the court website so I'm not entirely sure what the exact basis was for the claimant to have a judgement made in their favour to begin with. Hopefully the diet being held soon will make for better ground for the defendant. All the best
  3. Hey Guys, There's been an update from Govan Law Centre regarding the first Pra case. http://govanlc.blogspot.com/2018/06/sheriff-appeal-court-case-on-credit.html All the best
  4. Hey Noodlesgal, Did you receive any updates about the case? All the best
  5. Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most CCA's don't properly explain that you'd be derrogating your local statute rights in place of the creditors preference? Assuming Scottish Statute laws are overrided, will this be the same for Scottish jurisdiction laws?..... And will that lead to a slipperly slope where people in Scotland will have to start disputing claims made against them at Northampton County Court? Thanks Guys, all the best
  6. How long does it take to get the judgments added onto the courts website?
  7. Hey dx, So I just want to update you on my case that's been transfered to the new court. I recently got the new S01 form from the new court and they essentially asked the claimant for the same documents as the old the court; with a case managmentdiscussion set for early april. And today I got an email from the claimant's representative with an attached form 9e (Abandonment Notice) advising me that the claimant is asking to have the claim dismissed with no expenses awarded to either party. I want to say that this is great news but I will post in due course once I call and confirm with the court what I've been advised by the claimant and hear the court's latter acknowledgment. Thanks
  8. Hi Eveyone, Has anyone found out if there's been any updates regarding the first Rome 1 case hearing? All the best
  9. Hey Noodlesgal & dx, I hope you're well. I too am curious about what would happen if you go through the ordinary cause procedure by yourself at this point. So just to summarize at this point, and correct me if I've got anything wrong: You were told by the court that there was going to be a hearing in March as you've already advised the court the debt is statute barred right? The couurt advised the claimant they have up until two days before the hearing in march to submit their plea and documents? The claimant during a phone call with your solicitor said that they would try and use another test case arguing for English statute limits instead of Scottish; but they haven't confirm this yet? Did the court advise anything else, or make any other orders? And for anyone whose familiar with ordinary cause procedures, what would a defendant, who is stating their debt is statute barred, have to do (or argue) at a hearing if the claimant is saying the debt isn't statute barred because of another court case that's pending? Sorry to be so invested in your thread Noodlesgal, I'm currently disputing a claim where the original creditor was English but I took it out in Scotland.
  10. Hey Noodlesgal, Thanks for getting back to me. Assuming broadies does take that argument on the basis that they're pending judgment on the original case, wouldn't the court sist or postpone until the decision is made in the original case? And when you were advised that the process will be lengthy and costly, did he explain specifically how and why it would be drawn out? Oh sorry, Something else, has there been any discussion about Legal Aid if you do continue to remain with your solicitor? all the best
  11. Does anyone know when the original Govan Law centre case is going to be discussed in court? All the Best
  12. Thanks dx Noodlesgal, I hope you can find the stength to face these bullies. This is kind of irrelevant but was the solicitor you're currently paying on board with the statute barred defence to begin with? It's kind of unprofessional of him/her to have such a change of heart just because of the possible position the claimant might take. With the upcoming hearing you guys have, do you know when the claimant has to get all their arguments and documents submitted to the court? Or was there like a timetable of some type? All the Best
  13. Hey Guys, I'm not familiar with the ordinary cause process but presumably the claimant would have to motion such an argument prior to your hearing date right? All the best
  14. Hey Everyone, So aside from the possible debate that might take place regarding the limitation period, does it actually say anything on the credit agreement about the use of English Law? Surely such a clause, valid or not, would need to be very explicit in just what the use of English law would mean? All the best
  15. Hey Everyone, With the Govan Law Centre article that Noodlesgal pasted, it seems that DCA's might see this as a possible opportunity to try and override Scotland's five year limitation period. Has anyone seen a DCA use an argument like this before in a Scottish court, and if so, what happened in the end? All the best
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