I am going to court on thur (6th July), help!

[Jamboray]

Good luck!!!!

[nearlyoldwoman]

Hi there, good luck in court and I hope it all works out. Let us know how you get on.

[Guest Zooman]

I'm in Court tomorrow (NOT BANK CHARGES) you wish me luck and I will wish you luck;).

[Guest Mumofthreeboys]

I'm in Court tomorrow (NOT BANK CHARGES) you wish me luck and I will wish you luck;).

 

I wish you luck Zooman xxxxxxxxxxx

[Yasmin]

VERY BEST OF LUCK , Manolo. You will be just fine, hope you get RESULT...Good one would be if they don't turn up!!! Will follow up how it went....

[Yasmin]

Sorry Zooman, Best of Luck also

[manolo]

Good luck Zooman, i hope we both win!!!! x

[Guest Zooman]

we will.

[give_me_it_back]

still no reply from anyone in Scotland who has apparently been this far..? Are you the VIRGIN, Manolo!!!???

[manolo]

Think I might be... lol. Might be able to make things easier for people in Scotland if I win, or should I say when I win!!! 12 hours to go! Yay

[Guest Zooman]

lol, that's the spirit.

[dolly]

Good luck and try and sleep tonight.

Please update us as soon as you can - I will be thinking of you in the morning.

[Andy T]

good luck manolo im also in scotland and dreading it geting to the courts

[lisamellor]

good luck ...... doubt you need it. remember the court will know that you have no experience with court proceedings ..... anyway i think they will pull out at the last minute, and if they want you to sign a confidentially agreement then chage them ...

 

good luck, post back as soon as you come home.....

 

lisaxx:D :D

[Tink]

good luck tomorrow, sounds like you are well prepared.... take it easy.

[Robertxc]

Hello manolo.

 

Sorry I didn't see your thread earlier, it's only just come to my attention tonight.

 

So, it looks like you're off to court in the morning. DON'T PANIC. Firstly, you can expect them to turn up. They won't have sent a lawyer up from Swindon, or wherever, they will have sent detailed instructions to a local solicitor who attends that court regularly. Secondly, the hearing tomorrow is just a procedural one where the shriff will make sure that everything is in order for the case to proceed. This means that he/she will be checking to make sure that it is in the correct court (small claims), and that your claim is legally correct. He will also be making sure that the other side is ready to proceed. Finally, he'll try to persuade both parties to settle out of court. YOU WILL NOT be getting in to the nitty gritty of the legality of bank charges tomorrow. That will come later, if the case proceeds.

 

It's interesting that they're defending at all, frankly. Which court is it in? If it's anywhere near Dunfermline I might come along. My guess is that there's something in your claim form which makes them think they can get it chucked out. Alternatively, they may be trying a new scare tactic of literally taking it to the steps of the court. In either case, take heart form the fact that it won't actually cost you anything to find out. It is possible that they won't turn up, but the fact that they've not written and offered to settle suggests that they will.

 

When you do get to court, make sure you're on time, and go to the toilet before you go in. In the past I've nipped out for aminute, and in that time my case has called and been dismissed because I was a 'no show'. If your luck is anything like mine your case will be one of the last to call, which means you'll get to spend an incredibly tedious day in the public gallery waiting for your case to call.

 

When you case does call, bear in mind that the sheriff is supposed to help you with your case, since you're representingf yourself. Whatever you do, don't interupt anyone while they're speaking - especially the sheriff. This seems to really wind them up for some reason. The other side will be doing everything they can to get your case dismissed, and they will have been given comprehensive intructions from the bank's lawyers, so you'll need to play it by ear. In a nutshell, you need to stick to a very simple message: "The bank's charges do not represent their actual costs for going overdrawn, therefore they are not recoverable". If their lawyer tries to suggest othewise, your only response should be "Prove it". There is nothing unreasonable about your case, and you are entitled to have your day in court. Do not let anyone tell you otherwise.

 

Good luck.

 

I'll stay up for a while longer just in case you feel you want to respond to this.

[alexcraw]

Hope it goes your way. I am sure it will. I'm another Scottish claimant and extremely interested in their new approach. They cannot prove that their charges are lawfull. You are firmly in the driving seat. Don't get sidetracked from that issue.

 

Robert's advice above is good practical advice, but if I had offer some, it would be to listen much more than you talk.

[manolo]

Thanks Robertxc, it is Aberdeen sheriff court, though its interesting that you are in dunfermline, I am moving there in a weeks time. Thanks for telling me that this is just to make sure everything is sorted, going to quickly prepare a mini brief for that and I am going to take all my other information just in case. Away to do that now and then bed. Will check back before I head to court, and then will post as soon as I am back. Thank you once again. x

[wsm36]

Good luck today manolo, we all have our fingers and toes crossed for you. By the way,

You'll Win:D

[meagainstrbs]

Good luck manolo - can't believe its got this far.

 

Waiting with baited breath

 

meagainstrbs

[lisamellor]

go girl....... dont worry all will be fine!! :D

[give_me_it_back]

Manolo - you sound so composed and so ready! Great advice from Robert - just watch the way Judge Judy reacts when someone speaks over her!!!

 

I won't be back until late this afternoon, and I am sure you will have posted by then. Hey - we might see you on the news before we hear from you!!

 

Do it for your fellow Scots, Manolo! This post will be so helpful for the rest of us.

 

"Have 'fun'"!!

[rossirvine]

Good luck from a fellow scot, i might have to do the same with the clydesdale bank soon.

[Perseverance]

Good luck - My battle with the Clydesdale starts today as I'm about to nip out and post my DP request. I fully expect and I am prepared to go the whole way with them. Fight the good fight, finish the course and keep the faith!

[manolo]

Ok guys I am back. Here goes,

 

And it was a local lawyer acting on behalf of Abbeys Lawyers

 

I was in a court room, like you see on tv only smaller, everyone who had a small claim was sitting in the court room and there was a big high table where the judge sat ant the end with a table infront of it for the pursuer and the defendent to stand at either side. The judge seemed a little grumpy but I was relived to see that she was being very fair to the people before me so that made me feel a bit better.

 

When my case was called I went up and stood on my side of the desk and the lawyer on the other side handed the judge their defence, (which i only got today in the post when I came back form court!!)and said that i had a contract with them under the terms and condition and that bouncing dd etc breached this contract which was why they took the money. And they said that i had failed to submitt a copy of the terms and conditions to either the court or themselves(didnt realise i had to do this, but will send them in tomorrow if someone can confirm this) and because of this they would like the trial to continue where evidence can be submitted. The judge then turned to me and said the amount i was claiming and was this correct, both myself and the lawyer agreed the amount being claimed was correct, She then asked me my view and i said that i did understand the terms and conditions however i disagreed, i think that the charges they apply to your account when you go overdrawn are far too high and not representitive of what the bank looses from me, and that i think these charges are unenforceble and punative. She then said that we were to have a further session in about 2 months time where i was to supply evedience that there charges were penalty charges.

 

And then i was free to leave, on my way out the in court advisor came up to me and said could i call her. which was interesting as she only handed out leaflets to the other people that were defending themselves.

 

All in all a bit intimidating but so glad I went and stood up against the other lawyer, made a few mistakes but not to bad since this was my first time in court. Onto finding everysingle piece of evidence i can that proves this to add to what i have already got.