halifax in court on 15th jan 08 scotland

[volvo62]

I raised a claim for charges for £742.00 (plus interest) in Scotland (£320 was charged on a roll up on 2 consecutive days whilst I was on holiday)

 

This was after being repeatedly told by halifax that they dont have to look at claims at present and I cant take them to court.

 

The case calls on the 15/01/08 ,they were duly served and then employed a solicitor to apply for a sist,this calls on the same day in Jan.

 

It is my intent to claim hardship as I have been on carers allowance and to use any other method I can to get the court to carry on with the case,any advice would be appreciated.

[ja-de]

Hi volvo, you might like to try this thread for hardship cases, it tells you just about everything you need to know regarding hardship & the waiver, including the procedure the banks are supposed to adhere to.

Very best of luck with your claim, & if there is anything else you need to know, just shout & someone will be there in no time. Please keep us updated on how you get on won't you.

 

 

[maroondevo52]

Hi, Volvo62.

 

Also have a look at this.....

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/116655-hardship-fos.html?highlight=sists+hardship

 

Regards.

 

Scott.

 

[zootscoot]

The Scottish courts are much more robust when it comes to denying a sist. Take a look at the information from Govan Law Centre here:

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111120-info-sists-scottish-equivalent.html

 

All the best

 

Zoot

[volvo62]

Thanks guys,I have have to say I am more than a little nervous going into argue against a lawyer,but I want to stop halifax using any means possible to delay the action.

[zootscoot]

Just make sure you start preparing early and are sure of the arguments you need to rely on and you'll be fine

[volvo62]

Attended court today, hbos had a barrister to defend them, no expense spared ! asked for it to be sisted , I said I opposed this because of hardship/the case was in an english court,the OFT could have a test case in scotland and that 50% of my claim was not covered by the OFT test case.

 

The Sheriff asked where the defenses were ,the barrister then said none had been lodged and he would give them orally,they were that he did not believe the charges were unfair.

 

The sheriff then told him to lodge defenses in 14 days copying me,he said he would agree to sist only because the test case was going on maybe resolved before a court date came round,he advised me that if it was not resolved in 4 weeks to re-apply to have the case heard.

 

So although its sisted I will take his advice and wait the 4 weeks,it will also be interesting to see the defences.