OFT Test Case and Scottish Actions

[cenglish]

I'm trying to get clarification around about the impact the OFT Test Case has in Scotland.

 

I read a piece on MoneySavingExpert.com saying that it doesn't affect Scottish cases and this seems to be backed up by snippets dotted around recent posts on this forum.

 

Is this the case - should we proceed as normal? Is there a possibility that the case will be haulted until the result of the test case is announced?

 

I'm sure I'm not the only one who would like some guidance on this.

 

Thanks.

[gsbcag]

I was looking for some sort of clarification on this also....

My small claim proceedings against HBOS were lodged with Aberdeen Sheriff Court before the announcement RE the test case, & I have a return date of 23rd August.

Since then however, I received what looks like a generic letter stating that if I launch a court action they will immediately apply for a 'stay' & the bank will categorically not be settling any claims until after the test case is complete.

I haven't heard anything from the court yet, I guess I'll find out on the 23rd. I assume it's still the case that if they do nothing by the return date I win?

[maryhillgull]

The "generic" letter you got seems to be more relavent to the situation in England and Wales. You have a return date so the bank needs to tell the court they intend to defend and attend the prelim hearing .At this stage they could ask for an adjournment. If they dont lodge a defense or lodge a defense and not turn up to the prelim then you will get your Decree in Absence.

 

If they do turn up or write to the courts and request an adjournment then you will need to use all the argurments given in the other threads why your case should continue. I have not seen any posts of banks doing this so far in Scotland.

 

As for not settling any claims until after the test case if you have or you get an extract for payment then the banks will have to pay up or else face sheriffs officers removing equipment from the office or branch you served your papers on.

 

The only exception is they could ask for a recall of decree but again they need a good reason and then all that happens is you get a new return/calling date. They still have to lodge a defense and turn up to the hearing else they loose again!

 

The banks try and frighten you off by making miss leading statements that whilst not technically wrong have you thinking that you have no chance which we all know is not true:-D

 

Cheers

[gsbcag]

Thanks for the re-assurance...

I'll keep my fingers crossed & see what happens on my return date!

[maroondevo52]

 

Hi,

 

My claim through FOS has been put on hold.

 

Miffed is'nt the word.!!!!!!!!

 

Regards.

 

Scott.

[texel]

MARINDEVO52

That is the reason I don't deal with FOS I beleive in the Scottish Court System:D

[mrsc]

Hi all

I received letter from RBOS and one sentence has me confused

 

"For customers for whom Scotland is the most likely jurisdiction,your right to refer your complaint to the Financial Ombudsman Scheme will not be affected."

 

I thought that they were not handly any new claims.

 

Can we in Scotland still put our complaint to FOS ?

[gsbcag]

I received a letter from HBOS with the same wording - I just read the whole thing as an attempt to discourage any kind of court action from the outset, & correctly my that my "right" to refer the complaint to FOS is unaffected, it's just that they would not act on it!?

This was just before the bank successfully applied to sist (stay) my Small Claim in the Sheriff Court

[mrsc]

I got this in reply to a letter telling them they had not fully complied with my SAR which is well past the 40 days.It goes on about the test case and the OFT and FSA and how they have asked them to suspend all cases etc.

 

To me they just seem to be gloating in the fact they have requested the OFT and the FSA to halt all claims and are getting away with it.

 

I thought they were there for the consumer not the banks.

 

I agree with you about trying to put you off,I felt like that yesterday but now I am all the more determined.

[texel]

You must remember it is you who are doing the sueing not the banks It is not up to them to stop a suit it is the court who decide and if I was in court and the judge suggested delaying the case I would point out that the case was started before the test case and should not be delayed!!!!!

[kennythecelt]

Hi all

I received letter from RBOS and one sentence has me confused

 

"For customers for whom Scotland is the most likely jurisdiction,your right to refer your complaint to the Financial Ombudsman Scheme will not be affected."

 

I thought that they were not handly any new claims.

 

Can we in Scotland still put our complaint to FOS ?

 

u20sr, joice and myself have the same para inserted in the letter from HBOS. All Scottish cases, so they appear to be saying you can still go to the FOS.

[rory32]

You can still go to the FOS no matter where you live but they won't look into it unless you can demonstrate that you are currently suffering hardship as a result of the charges.

[gsbcag]

You must remember it is you who are doing the sueing not the banks It is not up to them to stop a suit it is the court who decide and if I was in court and the judge suggested delaying the case I would point out that the case was started before the test case and should not be delayed!!!!!

 

I tried that (amongst other arguments) but the Sheriff still happily granted HBOS their sist on my claim (& 6 others)......very:evil:!

[kennythecelt]

You can still go to the FOS no matter where you live but they won't look into it unless you can demonstrate that you are currently suffering hardship as a result of the charges.

 

So we need to find out what their definition of hardship is and get that clarified. Thanks Rory.

[Giveitback]

I believe Inverness sheriff court is not granting sists.

[rory32]

Yes, completely correct. Inverness recently gave a decision against the banks and ruled in favour of the pursuer.

[Douglas52]

Here is the Inverness descision in detail:

 

JASON COLEMAN+AARON THOMSON v. THE CLYDESDALE BANK+THE BANK OF SCOTLAND, 07 September 2007, Sheriff D. Pyle

[texel]

Great news for the Inverness folk. Our court I think depends on the judge that is Perth and we have an assortment!

[Bigmac versus]

Unfortunately that looks like the last one

 

http://www.consumeractiongroup.co.uk/forum/scotland/113916-no-stays-scotland.html

[lammy2203]

I have my day in court tomorrow in Dumbarton to oppose the sist, have all the documentation ready (ie GLC info and the case in Inverness) Girl in the office says that they are granting all sists but i am still going in. Spoke to a guy in Greenock who said that the sherriff there had not granted the sist yesterday.

Its all so confusing why some do and some dont surely there should be a bit of clarity on this matter

[texel]

Best of luck it is annoying when different judges have their own ideas there should be one rule for every court good luck will be waiting to hear your results.

[Douglas52]

Ladies and Gents check out this thread on the same topic- http://www.consumeractiongroup.co.uk/forum/scotland/113916-no-stays-scotland.html

[Bigmac versus]

Govan Law Centre has since written to the Sheriff Principal at Glasgow who has very kindly confirmed there is no Practice Note. Sheriff Principal Taylor advises that every bank charges case needs to be individually considered by the sheriff with regard to the particular facts and circumstances of the case. So there can be no 'blanket' stays in Scotland.

[Mistermind]

Information about the test case?