scottish procedure

[gsbcag]

It doesn't, and it isn't relevant to Scottish actions, however the defenders could make an application to the court for a stay pending the result of the English action. The problem is that the OFT is seen as a cross-border entity and its actions are for the benefit of all, so a Scottish Court may agree to the request. I think the only way to find out is to do it and see what the result it.

 

Unfortunately the Sheriff's are seeing it as relevant in Scotland. The banks are by default making Incidental Applications to SIST (stay) any claim pending the OFT hearing. I tried but failed in objecting to HBOS' sist application on my small claim in Aberdeen yesterday. He granted HBOS 6 other sists in the same sitting...

The bank's legal representative was very well prepared, but I'd be interested to hear of anyone who has successfully managed to block a sist?

GSB

[buzby]

Thanks for that update, of course you wouldn't get your fees back because of the sist...? It's a shame the Sheriffs are so willing to accede to these requests when it's not relevant to their legal system.

[rory32]

Please anyone who has had an application for a sist read this sticky http://www.consumeractiongroup.co.uk/forum/scotland/111089-info-sists-relation-bank.html

[kennythecelt]

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

 

and this

[Vital Spark]

GSBCAG, can't you appeal the decision now that you have the above information from Rory and Kenny?

[Vital Spark]

I mean by taking the decision to place the sist, to court.

[gsbcag]

Yes - I can appeal at any time, & have another 'hearing' to object to the sist.

If I hear that anyone has successfully objected to a sist on their claim I may consider it.

In light of more recent info I still don't think there is any overwhelming argument that I didn't use in my objection, but with legal representation I would at least be able to argue more effectively & eloquently against the bank's well prepared defence...

The Sheriffs' 'default' course of action is definitely just to grant the banks' sists - I've had to outlay court fees & take time off work thus far, I'd have to be pretty confident to justify further expenditure, & sorry to be -ve but at the moment I'm not!

GSB

[johndough]

Well Buzby & BigMac had me hankering for the English law route as I have £5000 in charges with HBOS and don't relish the thought of breaking it into 4 small claims which could be gazumped OR taking on a Solicitor and unquantified legal expenses which I could be liable for if it doesn't go my way. But then the OFT Test Case announcement put the brake on a lot of English cases so I'm still at a loss (despite reading this ENTIRE thread) as to the best course of action.

 

I appreciate what you're saying re: Ordinary Actions for £1500+ Buzby but I do think the consequences of losing such cases has not been emphasised enough. A lot of people looking to go through this process will be in a less than affluent position (like me) and certainly don't have money in triple or quadruple figures lying around for solicitor/court fees. It would be good to hear of anyone who has lost an OA or what kind of costs these incur.

[buzby]

As you'll have seen, the Scottish Courts are non Sisting actions pending the outcome in England (which they should not do, but that's another story). Since hardly any case in Scotland had reached a full hearing (being settled on the court steps) an issue over whether to lose money by following an incorrect track, or run the risk of defeat is moot. I'm involved in an OA at the mo' but not against a bank, the solicitors costs are estimated to be £2,800, but we're forcing the defender to pay in the court costs to prove their ability to pay - which could become an issue. Nobody said it would be easy, there is always an element of risk. In Scotland, more so because of the pathetic lower SC limits.

[neilnicky]

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

[buzby]

Yup - and also don;t forget the arguments recently put forward by the Govan Law Centre is resisting attempts at awaiting the OFT outcome.

[neilnicky]

Thanks very much mate.

 

Nice man at the court office said case would be about the 4th of December.

 

Thanks again

 

Neil

[buzby]

Is this at Glasgow Sheriff Court? Let me know if it is due to call, I might be able to lend you some immoral support on the day!

[neilnicky]

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

[Punjaban]

Hi, well - the banks i think are delaying things! Extract wasput forward three weeks ago - heard nothing - contacted my branch they said it has been put forward to legal team - called them they don't have it - they said that i need to sign a letter that they apparently sent when i rejected their first offer??? Is this correct - what do i do now, wait or put forward an attachment? thanks

[buzby]

They are trying to take control - if you raised the action you don't need to sign anything until you REACH a settlement, not when you haven't!

[rory32]

Punjaban actually hasn't given you enough info buzby. The bank are stalling on paying up after the decree has been granted. I have already advised him to send in the Sheriff Officers as the bank is just playing silly beggars and appear to think that the Sheriff's ruling doesn't apply to them.

[Punjaban]

Rory 32, Hi, that is correct - i received an initial payment as a gesture of good will however i refused, did not hear anything for a while then i went to the sheriff ocurt to raise an action, now after summons etc was sent decree had been granted and sheriff officers then took extract to the bank, i contacted the legal dep who said they have not received the extract - then i contacted the bank who advised this was sent! The bank then got back to me stating that i had to sign an acceptance letter for the gesture of good will but if i was happy with it however that was not received. Once an extract has been drawn can the bank still recall this and take it to the courts? I am in the process of putting forward an attachment. Many thanks on this one guys

[Vital Spark]

Good luck Punjaban

[neilnicky]

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

[maroondevo52]

Hi, Neil.

 

Sorry, can't help you with your first question. Hopefully someone else will.

With your second question........What you must do......

 

The Day after the Return Date contact the Court to see if there has been any response by the Defender.

 

If the Defender denies the claim, the case will call and you must appear or be represented in Court on the Preliminary Hearing Date.(In this one circumstance you do not need to lodge a minute with the Court).

 

If there has been no response by the Defender and you wish to Minute for Decree as craved, complete Form 17 and send this back to the Court. You will not have to appear in Court. The Minute must be received by the Court before 4pm on the Friday before the Preliminary Hearing Date. If you want to claim expenses please clearly state the amounts claimed. If the case has been settled you may minute to have the case dismissed, or continued for settlement ect.

 

I was not sure how to fill in Form 17, so took it into court, where the clerk filled it in for me, no problem.(That was Edinburgh Sheriff Court)

 

Regards.

 

Scott.

[buzby]

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

 

Has the defender advised you/the court that they are applying FOR a sist? This is usually done by way of an application to the Sheriff before your case starts 'proper' - in effect, it pulls the rug from under you and the case is stayed until the OFT case is heart (assuming the Sheriff agrees).

 

There is an argument put forward by the Govan Law Society, with sets down an excellent rebuttal to a Sist request, and all you need do is read this (as a prepared statement) to the Sheriff on the day.

 

He can then either decide to hear the case as planned, set it down for a new date without the encumbrance of the sist preamble, OR can decide to uphold the defender's claim.

 

To lodge a 'minute' - basically this is just a note to the judge concerning the case. If you look at the PDF booklets on the Scottish Courts website, (Taking Someone to Court) this is well documented on what you need to say.

[neilnicky]

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

[Bigmac versus]

Good luck Neil.

[Vital Spark]

Thanks for the link Bigmac versus