Hi mate It was a different Sheriff. He said that reasonable grounds had been put forward to grant the sist and he was proctecting me from losing a complicated case financiallly. Wish i had said a bit more now, but wasn't really expecting to have to argue about a sist again. Neil

Thanks to one and all for your help guys. Was back in court today for the preliminary hearing. The banks Qc asked for a sist to be granted again and this time the sheriff went along with his request. Amazing what a difference a week can make. Neil.

Cheers maroondevo 52 and Bigmac. Do i have to foward a copy of my court bundle to The Abbey and the court for a preliminary hearing on Tuesaday? As you can tell, i'm hopeless at this legal stuff! Thanks again guys. Neil vbmenu_register("postmenu_1262753", true);

Thanks mate. The date is next week I'm aware the small claims goes up next year. Sods law that i started it before they changed the rule! It's the Abbey. Thanks again Bigmac:grin:

Hi Guys Still got a couple of questions, if you don't mind. 1. What the hell do i take, say or do at a preliminary hearing? 2. I was reading the previous posts about splitting the claim in two at the small claims court. (That was what i was intending to do: £750 1st claim then £750 2nd claim. I got the idear from Moneysavingexpert. ) Howerver, i can see that if the bank offers me the "full and final settelment" i can't claim again. 3. What if i told the bank i will only accept on my terms ie, without the "full and final settlement" part. 4. Or what if i win in court, surley i'm then, able to claim for the 2nd part of my claim: as i have successfullly won in court?, with no strings from the bank attached. Thanks again Neil

To tell you the truth, i got a little lost in all the legal mumbo jumbo between the judge and their QC. But the basic reasons which she seemed to accept were about the english courts not binding on scottish courts. Also, she asked me if i would accept the verdict of the english court on the OFT ruling if it went in favour of the banks in which i said "no". I also argued, and she agreed, that not allowing the sist would not take up court time. I got a lot of my submissions from the Govan Law Center on opposing the sist which was of great help. At the end of my submissions i handed her the copy of the Invernes case from judge Plye, also from the GLC website. When their QC wanted time to look at it and set another date, i then decided to withdraw it as i really couldn't afford to take another day off work Hope that helps Neil

Yeah it was mate. She never granted the application of 2 sists that day by 2 different banks (Abbey and HBOS) but they both had the same QC. Cheers Neil

Managed to get the sist opposed. Judge was brillent as she done all the work for me. The cockyness that i had the night before soon went when i found i was up against a QC. Thanks to the govan law center and everybody on these pages as well. I have a prelimianry hearing next week. Any advice or help again, would be much welcome. Thanks again Neil

Thanks very much guys. In court tomorrrow (edinburgh) to try and oppose the sist. Will read out the notes from the Govan Law Center Thanks again Neil

Hi foks I have 2 questions if anybody out there is kind enough to help. 1. I'm in court on Tuesday trying to resist a sist. Can anyone tell me what i need to do? 2. Also have a date in court ,if i am lucky enough to have the sist not granted. The return date is th 27th of November and the calling date is the 4th December. How do i lodge a minute with the court, and what does it mean exactly? And do i need to lodge a minute at the premliminary hearing date. Any help would be much welcomed. Thanks Neil

No It is at Edinburgh and it's my wife that is going in as it's her account!!. What little i know i have found on this web site and it's thanks to the likes of yourselfs for your kind help. Any help will of course would be much appreciated as the day gets closer. Thanks Neil

Thanks very much mate. Nice man at the court office said case would be about the 4th of December. Thanks again Neil

Just been to the cout to raise a small claims against the Abbey. I know that they will apply for a sist. Can i now use evidence from the Inverness case to argure that they should not get their wicked ways. Thanks Neil