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Andy's sis vs Barclaycard in Scottish courts


Andy Mc1
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Hi,

 

I've been trying to assist my sister in her claim against Barclaycard, which is due to be heard in Glasgow & Strathkelvin sheriff court tomorrow.

 

Barclaycard have made a payment of the difference between the OFT 'guide' price of £12 and the actual charges that have been imposed. My sister didn't accept but Barclaycard put it into her account anyway. She is pursuing Barclaycard for the remainder.

 

My sister does not have a computer, and so is unable to participate in these forums.

 

Does anyone have experience of suing Barclaycard through the Scottish courts? Are Barclaycard likely to settle at the 11th hour? Or will this be the one case where Barclaycard actually defend?

 

Andy Mc1

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Hi,

 

Just heard from my sister - Barclaycard failed to show up at the Glasgow Sheriff court today. The judge has issued a decree in my sister's favour. Apparently, if Barclaycard fail to respond my sister will have to apply to the court once more to have the decree enforced - but Barclaycard can still defend the action at that time - is this right? Barclaycard surely are `vexatious litigants' in this instance (they failed to show up) so should have no right to have a second shot at defending their position? Or is this one of the differences in Scots law compared to English law?

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