All Scottish bank charges claims sisted - NOT ANY MORE!

[Robertxc]

A couple of weeks ago the Sheriff Depute, who is in charge of all the sheriffs in Scotland instructed that ALL bank charges claims are to be sisted pending the outcome of the OFT case in January.

[welshwizzard]

So is there any point in my friend from glasgow taking her bank to court up there as from what we read on this site before, it appeared that glasgow courts were allowing the cases to be heard !

[Robertxc]

Yes, there is a point, if for no other reason than to get it in the system. It is possible that the sheriff clerk won't accept the claim form, but I think it's still important to try, especially if your friend has charges going back a few years. Otherwise they could eb statute barred by the time the banks and the oft have finished farting about.

[welshwizzard]

Thanks for that,

 

Ill get her to start her own thread to keep us all informed of the progress.

[lammy2203]

I am opposing an application for a sist tomorrow at dumbarton, somebody contacted me on monday and said he had one his case so who knows just go ahead and try you have nothing to lose

[lammy2203]

Well the judge has granted the sist which i thought he would when after using the arguments from the GLC and the case in inverness he said that he was aware of the inverness case but had a different opinion than the sheriff there.

He also said that whilst he is aware that i am frustrated he wanted to wait untill the OFT case was finalised.

I said that that case was not binding in scottish law and although he agreed he felt that it would filter down to here or words to that effect.

 

He felt that if he did not grant the sist then it would be almost certainly appealed which would waste valuable court time plus more expense for me.

 

So i guess i will just have to wait a bit longer but i personally think that my chance has gone as the high court will probably side with the banks

[Douglas52]

ladies & Gents check out my post in this thread on the same topic -

 

http://www.consumeractiongroup.co.uk/forum/scotland/113916-no-stays-scotland.html

[Douglas52]

Robert where did you get this information- I cannot find it anywhere even on the Scottish Courts website? I also cannot find any reference to the 'sheriff depute' being in charge of all sheriffs in Scotland.

[Robertxc]

I was at Dunfermline sheriff court last week on another matter. About half the case that day were for bank charges. The sheriff explained the situation to about half a dozen people before my case came up.

[Douglas52]

Robert - I suggest you remove this sticky in the light of Mikes research - see this link http://www.consumeractiongroup.co.uk/forum/scotland/113916-no-stays-scotland-new-post.html

[Robertxc]

Yes, you're quite right.

Robert - I suggest you remove this sticky in the light of Mikes research - see this link http://www.consumeractiongroup.co.uk/forum/scotland/113916-no-stays-scotland-new-post.html

[Douglas52]

Sorry Robert I just 'Reported' it to get it off as quickly as possible- hope you don't mind!!!

[Robertxc]

No probs.

[Douglas52]

Can someone pm an administrator post a new sticky something like 'Absolutely no blanket stays in Scotland' and put Mikes information there???