Reclaim Overdraft Charges from RBS - Scotland

[jim2007]

Did they contact you directly to organise the money back or do they have to notify the court first? also how long did it take for them to call?

 

Haven't received my papers yet from the court, how long does this normally take?

 

Thanks

[jim2007]

.......Still not received confirmation from the court on a hearing date or confirmation of the summons being sent......

 

Anyone know when your supposed to get this?

 

Thanks

[maroondevo52]

Hi, Jim.

 

Usually takes about two weeks for the court to send your papers back, they will give you a Return Date and a Calling Date. The Calling Date is about a week after the Return Date.

 

When you receive your papers (Summons), you will have to take them to a Sheriff Officers to get them to serve them on RBS.

You will then receive a 'Form of Certificate of Execution of Service' from the Sheriff Officers, letting you know they have served the Summons.

 

Your Return Date and Calling Date will be a few months after you receive your papers from the Court, mines were exactly two months.

 

The day after the Return Date, you must contact the Court to see if there has been any response by the Bank.

 

If the Defender denies the claim, the case will call and you must appear or be represented in Court on the Calling Date.

 

If there has been no response from the Defender, you must lodge a minute with the court no later than 4pm on the Friday before the Calling Date.

You will not have to appear in court.

 

If you fail to do so the case will be dismissed.

 

Let me know when you receive your papers and I'll try to keep you informed of what to do next.

 

Regards.

 

Scott.

[jim2007]

Hi Scott

 

I have receive the papers for the summon, have a date arranged in January.

I have received a letter form BOS regarding the court action saying basically that they will be applying for a sist until pending OFT has been resolved.

Presumably thay will have informed the court also of this? and that I don't need to contact the court regarding this?

 

So can someone confirm that I do not have to do anything until the day after my return date, when I need to contact the court?

 

Thanks

Jim

[dundeelaw]

Yes. You are Correct. You do not need to do anything until the day after the return date.

 

If BOS has applied for a sist, the court will inform you of this and whether they have accepted the sist or not and what action to take next.

 

Good Luck!

[jim2007]

Hi

 

I have received a letter from the sheriff's office and i'm not sure what to make of it. Here's what it said.....

 

'You are hereby served with a copy of the attached Incidental Application, and Deliverance and appoints parties to be heard on the application on 17th December 2008 at 2pm within court 1........that's on the first page

 

2nd page reads......

The Court, Grants Warrant to the defender to serve a copy of the foregoing Incidental application and of this deliverance on the persuer their agents by FIRST CLASS RECORDED DELIVERY POST / any legal mode upon a period of notice of 48 hours and appoints parties to be heard on the Application on 17th December at 2pm

 

3rd page reads.......

Small claim summons incidental application

 

name...Pursuer against HBOS Plc Defenders

 

GORDON for the defenders respectfully craves the court to sist the action pending determination of the action raised in the high court in London by the OFT against Abbey National Plc (and others) as a test case in relation to the legal issues which arise in the action..signed by the defenders solicitors

 

ANY HELP???

 

Thanks

[rory32]

This is an incidental application for a sist (a stay in English law). Basically what they are asking for is that the case should be sisted until the outcome of the English test case.

 

The pursuers and the defenders arguments as to why a sist should be granted or not will be heard on 17th December 2008 at 2pm within court 1. This will be an oral argument.

[jim2007]

Do I need to go there? as my prelim hearing date is on 22nd Jan

[dundeelaw]

Do I need to go there? as my prelim hearing date is on 22nd Jan

 

Procedure is not something I am totally clued up on but I do believe that you will have to attend on the 17th December.

 

This is where you can put your argument to the Sheriff on why the case should not be sisted. If you do not attend, then the Sheriff may grant the defender the sist until the outcome of the Test Case.

 

There is help on the Govan Community Law Centre, Glasgow, Scotland | Free legal resources website. They have case law on why cases in Scotland should not be sisted.

 

Good Luck!

[jim2007]

I have no idea what I would need to do or say especially up against the might of the Solicitors for HBoS!! Has a look at the link above but it's quite confusing, So don't think it would be worthy of me attending.

 

I think that the judge may have had lots of similar situation like this so he probably knows what will happen before it actually does!

 

Any more advice?

 

Thanks

[dundeelaw]

It is up to you if you attend or not. If you attend and the Banks' Solicitors dont attend, then you can ask the Sheriff to Setlle the Claim there and then since the banks' Solicitors did not turn up, they are obviously wasting the courts time.

 

I do know however, that if the Banks' Solcitors turn up and you don't, the Sheriff most certainly will Sist the case.

 

The Scottish Legal System is different to the English System. In England, some cases are being sisted automatically, but in Scotland, the law gives you the right to pursue your action. If you give the Sheriff the reason that "it infringes your Human Rights as there is no end in sight to the Test Case in England and Wales (a Foreign Court, I may add), which could go on for years to come with appeals to the House of Lords and the European Courts of Justice. You have the right to have your case heard within a certain time period without protracted delays."

 

Good Luck with what you decide. Remember there is a buddy system on here. You can search to find someone living close to you who will go to court with you to help you out.

 

The Sheriff will be there to help you. He will ask you some questions and ask you what you want to do next. It is usually held in private (in the Sheriff's Chambers).

[jim2007]

Do you know of anyone on here who has had to do this or is there a way I can search the forum?

 

Thanks

[dundeelaw]

The best way would be to create a thread and ask people what they think of the buddy system. Read theri opinions and then decide.

 

If you decide to use the buddy system, just click on the link at the top of the page and search for a buddy in your post code.

 

Good Luck Again!

[rory32]

If I were you I would attend. While the sheriff will have already formed an opinion of which way he is going to go, it's basically a dead cert that if you don't attend the sist will be granted as it's highly likely that the other side will attend.

 

On the day it would be best to have a copy of the points that you wish to make so that you can refer to them if/when the need arises. We can give you a hand with this.

[jim2007]

Hi

 

I have just received another 3 letters in the post?

 

1) Letter from the sheriff court saying that the hearing date had changed, apparantly it was on 12th Dec but failed to let either party know. It also mentioned that neither side attended and that the normal hearing date of 22nd Jan would still stand.

 

2) Letter from Dundas and Wilson (HBoS representatives) - Acknowledging the new date and that neither party showed up (they were actually quite nice in the letter)

 

3) The same letter I originally received from the sheriff court with date of hearing etc.

 

I take that I should just wait until the time comes to call up the sheriff court to see what HBoS want to do?

 

Thanks