Charlieho v HBOS -any sist information appreciated

[charlieho]

Decided to go and get charges back against HBOS - have followed procedure I used successfully against Nationwide.

HBOS have applied for sist at Greenock Sheriff Court.When I asked sheriff clerk at Greenock what was happening to sists,(when I lodged the small claim) she said that it depended on the sheriff hearing the case and that there had not been many bank charge small claims recently.

 

Do I have to tell HBOS that I am opposing the sist other than at the incidental hearing?? - I intend to use the arguments from the Govan Law Centre http://www.bankcharges.info/resources/sisted.pdf

 

Has anyone gone ahead and opposed a sist or gone to a hearing recently?

[reallymadwoman]

bump

[texel]

I have had a sist refused three times by two different judges in Perth Sheriff Court. I used the Govan law Centre example of Cohen v Clydesdale bank and also hardship case. I would not bother to tell HBOS that you are going to oppose the sist. I did'nt and my case was against HBOS:)

[charlieho]

Texel, thanks for that note of encouragement.

Not quite sure of court procedure -

Did you just stand up and quote the Govan law Centre example of Cohen v Clydesdale bank or do you present a written statement for the sherrif to read??

[texel]

No bother once it was my time to speak (after the defence had their say) I quoted what I had written down from my notes. The Govan Centre bit I did not say it was from the Govan Law Centre. It let the judge know I had Done my homework. I stressed the point of the case being approved by The House of Session and was binding across Scotland. Hope this helps best of luck:)

[charlieho]

Texel,

Thanks very much seems a bit daunting to stand up a read all this out but I'll give it my best.

Did you go to court after your sist was not granted or did the bank settle??

[texel]

This case has been going on since feb I have been to court six times. i have been to the court on so many occasions that I am greeted Good morning Mr----. I have had cases against HBOS RBS and many credit card companies All ended settling out of court except this one I am doing for my son. The last day in court should have been the last one except I made a mistake I did not realise that for the proof day I had to have my proof papers handed to the court two weeks before the case. I had them with me but the judge told me I had to come again on the 5th.Nov So i made sure I got them to the court in time. I took them on the 9th. Oct. only to be told that the 5th. Nov. was only to arrange another day for the proof:mad: So i will be going again some time later:mad:. I hate to say it but the judge said the 5th. was for a hearing. But the sheriff officer said otherwise. So we will see whatn happens!

[charlieho]

texel , you''ll get there in the end.

Have you heard of anyone losing there penalty charge case?

[texel]

None that I know about:D

[rrfcfan]

I was up in court in Tain two weeks again to appeal to a sist from RBS. The judge suspended the Sist until a conclusion is made to the OFT hearing at the end of this month. I used the GLC notes but the judge said the matter was persuasive and not binding. I did mention that ther OFT case could go on for years as either party may appeal to any decision made and that the matter may even go to a higher court.

I will recommend that you try and use a hardship case, I wish I made a better effort when I was before the Judge. It was my first time in front of a judge, I was bricking it, but the judge did explain things.

Good luck! Don't let it bother you, there are many people on this site that can help.

[faolie]

Hi

 

I have a hearing at Perth Sheriff Court on the 5/Nov againt Bank of Scotland. They've applied for a sist, so I was really pleased when I saw this topic and the link to the GLC sist document - I'll read that as prep. Thanks for the info.

 

As background I see that there was a judgement in Morton v BOS on 26/Aug (see Scots Law News, Edinburgh Law School for background) where the sheriff granted the sist. So it seems there's some inconsistency, given that texel has successfully defended against a sist in Perth (which gives me some hope!)

 

Anything else I should read up on or any other advice before I turn up on Wednesday?

[charlieho]

Faolie,

Best of luck -let us know how you get on.

[charlieho]

Regrettably ,sist granted to HBOS at Greenock Sherrif court this a.m.