in a bit of a panic...

[DavidWishart]

Hi there,

 

I'm currently going thru the second of my summary cause claims against the halifax here in scotland, and due to a lack of response I won decree against them and was simply waiting on that arriving.

 

However last Friday I got served a summons to appear at the local sheriff court, following their application for recall of decree.

 

Can anyone advise me what to a) do, and b) expect when I get there?

 

The first claim went thru without reaching this stage and I'm a bit panicky about it...

 

also, I noticed today that the addres they had for me on the summons was wrong too!! these guys are really on the ball eh? Does this mean I win coz of their mistake?

 

I started the claim prior to the OFT test case announcement, and all was going so well too...

 

Thanks in advance for any help offered

 

David

[overflow]

Hi David

 

Sorry cant really help but this sounds like it needs to be bumped.

 

So here goes.

[**Tilly**]

hi david have a read throught this thread it might be of some help

WARNING to all - Recall of decree

[kennythecelt]

Hi David

have come across acouple of cases where this has happened.

Although your claim started before the OFT test case was announced, there was no offer made by them and accepted by you before your court victory. You won the decree by default as there was no legal representation for the bank.

 

The bank is now trying to retrieve that situation as they would or should have applied for a sist (stay) of your case. (from their point of view).

 

You will need to appear at court and attempt to convince the sheriff that it would be unreasonable to recall the decree as the bank had ample opportunity to be represented earlier and that it impacts on you in a disproportionate way. You might also find some useful information at the Govan Law Centre and here's a link for them.

 

Govan Community Law Centre, Glasgow, Scotland | Free legal resources

 

Phone them and ask for some more guidance. They will have some up to date information.

 

If you are on benefits, you could/ should try the hardship route. That it would be a hardship to wait until the result of the OFT case.

 

There is also the argument that the bank has not been even handed in your claim, which was one of the arguments for bringing the OFT case.

 

They have settled plenty of claims before cases went to court and caused you a delay by not supplying full banking period and limiting statement release to 6 years. (if that was the case)

 

What court is it please and the amount of the claim??

 

Please get in touch with Govan LC and let us know what they say.

 

Good luck!

[DavidWishart]

hi david have a read throught this thread it might be of some help

WARNING to all - Recall of decree

 

Hi Tilly,

 

The problem here is that they've not even made an offer....sods...

 

thanks for another angle though!!

 

David

[DavidWishart]

HI Kenny,

 

The claim/court case is going thru Paisley Sheriff COurt and is for £1143.

 

When I went along to clarify what was happening, the lady at the civil office said that they're doing this in lots of cases and "not to worry", but beyond that, not a helluva a lot was said...

 

I'm a bit puzzled as to what they're gonna do, as there's no mention of why etc , although the letter said the recall was granted because my summons was sent ot the branch and then forwarded onto their legal dept but was "overlooked until after the calling date"....would we get away with this approach? I very much doubt it...once again, sods!

 

Anyhoo, I'll give the Govan peoples a call and see what they say and let you know...

 

Thanks again to everyone for their help & advice!!!

 

David

[DavidWishart]

Kenny....

 

Govan Law Centre referred me to Paisley Law Centre saying they dont do anything other than the self help website, and paisley law centre suggested calling back tomorrow when their advice line is available....

[kennythecelt]

David,

I will see what I can come up with, but it will be tonight.

Don't worry

Kennythecelt

[kennythecelt]

David, someone will be with you shortly.

[DavidWishart]

as i said before, all advice is gratefully received, and appreciated

 

been spending a bit of time re-trawling through peoples' stories to see if i can pick anything out...can't help but feel everyone else is sooo much more organised but a few thing seem to jump out everytime..

 

there are so many cases that have gone to court where a defence has been lodged and the pursuer has received a copy prior to the case...not here...

 

Also, there's several where the pursuer is being given a reason for the summons to court (eg to sist the case) while i've just been told to turn up...

 

also, never been in court before, like so many others it seems, so that's making me a little edgy too, but that's just a personal thing

 

but, regardless, i'm girding my loins for this one, and I'm not taking no for an answer, and downloading/printing out everything I find that I think will be useful, and will seive through it all tonight, and go for em with guns ablazing.

 

there. poetic bit over with

[DavidWishart]

hi again folks,

 

just spoken with paisley law centre advice line...did much to calm panic..

 

said they're just playing for time and will likely aply for sist, but that I can re-open it at any point thereafter, and they won't be able t recall decree again...

 

said all i need to do is be there and wait my turn basically, no need for representation or piles of documentation....

 

also interestingly told me that altho the oft test case can't give a binding decision for socttish law, it will likely be applied up here too (although we would have a strong case in tunring over any rejected claims thereafter...)

 

cheers, will advise how things go...

 

David

[kennythecelt]

I am glad they were able to help, David. Will keep an eye on your thread, Kenny

[overflow]

HI David,

 

Really pleased you got the advice you wanted to hear.

 

Its bad enough having to go to Court, but must be awful if you didnt understand why.

Glad your feeling more relaxed about it all now.

Your coming across as being much more confident than you were.

Hope all goes well for you. will be keeping fingers crossed.

 

Regards