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DavidWishart

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  1. as per the herald website : The Herald : News: HEADLINE NEWS interesting as i've to go to court today myself, and reckon they're trying to do the same....ah well, fingers crossed....
  2. hi again folks, just spoken with paisley law centre advice line...did much to calm panic.. said they're just playing for time and will likely aply for sist, but that I can re-open it at any point thereafter, and they won't be able t recall decree again... said all i need to do is be there and wait my turn basically, no need for representation or piles of documentation.... also interestingly told me that altho the oft test case can't give a binding decision for socttish law, it will likely be applied up here too (although we would have a strong case in tunring over any rejected claims thereafter...) cheers, will advise how things go... David
  3. as i said before, all advice is gratefully received, and appreciated been spending a bit of time re-trawling through peoples' stories to see if i can pick anything out...can't help but feel everyone else is sooo much more organised but a few thing seem to jump out everytime.. there are so many cases that have gone to court where a defence has been lodged and the pursuer has received a copy prior to the case...not here... Also, there's several where the pursuer is being given a reason for the summons to court (eg to sist the case) while i've just been told to turn up... also, never been in court before, like so many others it seems, so that's making me a little edgy too, but that's just a personal thing but, regardless, i'm girding my loins for this one, and I'm not taking no for an answer, and downloading/printing out everything I find that I think will be useful, and will seive through it all tonight, and go for em with guns ablazing. there. poetic bit over with
  4. Kenny.... Govan Law Centre referred me to Paisley Law Centre saying they dont do anything other than the self help website, and paisley law centre suggested calling back tomorrow when their advice line is available....
  5. HI Kenny, The claim/court case is going thru Paisley Sheriff COurt and is for £1143. When I went along to clarify what was happening, the lady at the civil office said that they're doing this in lots of cases and "not to worry", but beyond that, not a helluva a lot was said... I'm a bit puzzled as to what they're gonna do, as there's no mention of why etc , although the letter said the recall was granted because my summons was sent ot the branch and then forwarded onto their legal dept but was "overlooked until after the calling date"....would we get away with this approach? I very much doubt it...once again, sods! Anyhoo, I'll give the Govan peoples a call and see what they say and let you know... Thanks again to everyone for their help & advice!!! David
  6. Hi Tilly, The problem here is that they've not even made an offer....sods... thanks for another angle though!! David
  7. Hi there, I'm currently going thru the second of my summary cause claims against the halifax here in scotland, and due to a lack of response I won decree against them and was simply waiting on that arriving. However last Friday I got served a summons to appear at the local sheriff court, following their application for recall of decree. Can anyone advise me what to a) do, and b) expect when I get there? The first claim went thru without reaching this stage and I'm a bit panicky about it... also, I noticed today that the addres they had for me on the summons was wrong too!! these guys are really on the ball eh? Does this mean I win coz of their mistake? I started the claim prior to the OFT test case announcement, and all was going so well too... Thanks in advance for any help offered David
  8. Hi there, In a bit of a shtook because i've had my decree recalled by the halifax, and am expected in court on Friday.... This is my second claim going through a summary cause. The last one I had no communication about but was settled, and about a month afterwards I received a letter giving it the usual "we do not agree these charges are illegal, but from a commercial perspective etc etc". I've since received another letter asking me to accept this payment as full and final settlement, but following a call to their customer services team asking them to confirm that this was only applicable to the previous claim, and not my current (second of three hopefully) one, I was told that their lega lteam would be in touch...still waiting after 2-3 weeks... I also notice on the summons that was served on me to attend court that they had my postcode wrong...moving in the middle of claims (and checking everything was ok as per the court, including advising the change of address to all interested parties) seems ot really confuse them, as the follow up letters were addressed to my old house until I called them... This incorrect address despite my second claim being done entirely with my new address, these guys aint really all that alert are they...? anyway, I'm just a bit panicky about attending court and what I should take with me etc etc? Do I need to take representation? If so, I'm stuck completely.. Anyone's advice would be massively appreciated!!!! Thanks in advance, David
  9. oh right. so basically, i've made a mssive booboo by not contacting them on the return date? how do i go about submitting a minute for decree? thanks again, David
  10. Hi there, Sorry if this is an obvious one but I've now reached the calling date for my Summary Claim and have heard nothing whatsoever. what happens/what do I need to do now? Thanks in advance, David vs Halifax
  11. Hi there, I'm just going thru the process of completing these forms before submission - do I need to specifiy an individual at the bank or simply address the claim against eg Halifax Bank, Glasgow etc etc? Thanks for anyone's help! David
  12. hi there, the small claims only allows for 750 but there is a summary claims also (that i'm trying to find out details about too!!) that has a larger limit of £1500... hope this helps, David
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