Sorry guys....

[muirton]

Hi Fruitycar

 

Sorry I don't actually know the answer to your question, but good luck in court tomorrow. It will be interesting to see what the result is, hopefully judge will agree that you are entitled to this.

 

Best of luck

[fruitycar]

Are you sure you have to go and get it in person? shouldn't it just be added onto your refund or is your bank just being difficult. Surley you are the only one who can end the claim and accept their settlement!

 

yes, because the case has been called, either myself or my representative has to appear. My claim was for charges plus costs plus interest at 8% from date of service under s69 county courts act 1984. They have paid the charges and the costs but not the interest, so the claim is not settled. I have written to them. faxed them and sent a further letter (recorded delivery) letting them know the claim is not settled

 

did you apply for it on the original claim form?

 

I certainly did !

[thunderpuss2k]

yes, because the case has been called, either myself or my representative has to appear. My claim was for charges plus costs plus interest at 8% from date of service under s69 county courts act 1984. They have paid the charges and the costs but not the interest, so the claim is not settled. I have written to them. faxed them and sent a further letter (recorded delivery) letting them know the claim is not settled

 

That's a bit sneaky of them. You're right, the claim is not settled - and won't be til you tell the court it is. Chances are they won't even bother sending anyone tomorrow as they think they've won. I'd imagine it's a simple clear cut case, and the judge would get it in and out within a few minutes.

[thunderpuss2k]

PS: When he grants judgement, and supposing you have to instruct bailiffs to recover the money, can we all come down and cheer in the bank while everythings removed? Always wanted to do that, sad really isn't it?

[sequenci]

PS: When he grants judgement, and supposing you have to instruct bailiffs to recover the money, can we all come down and cheer in the bank while everythings removed? Always wanted to do that, sad really isn't it?

 

that would be a right laugh!

[fruitycar]

PS: When he grants judgement, and supposing you have to instruct bailiffs to recover the money, can we all come down and cheer in the bank while everythings removed? Always wanted to do that, sad really isn't it?

 

lets make a party of it, the bubbly's on the bank!

[Mairi]

Good luck for tomorrow Fruitycar.

Hope it goes well.

mairi

[fruitycar]

thanks, 10.5 hours and counting ! Just hope I can get to court early enough to get an early hearing, Sheriff clerk tells me its first come, first served. Have to drop DD age 7 at school and then 40-50 min drive to court. I hope that roads are not too busy and I can find a parking space.

[marko2002]

Argghhhh, fruitycar - this was like reading a book only to find that the last page had been ripped out!!!! What happened today m8 at court, did they show???

[fruitycar]

...I felt the weight of your expectation upon me and I feel like I've let you down. The case for 8% interest outstanding on my claim was dismissed.

The judge was of the opinion that I had "done quite well already" with the refund and costs. He made me feel greedy asking for more.

My point that I had been deprived of this money and the use of it, and the opportunity to earn interest on it was met with another you've already done well , have you cashed the cheque comment.

Second point that I understood that once the claim was served as I had asked for interest then it was part of the settlement cut no ice.

Third point that I was entitled to it under s69 County Courts Act 1984 is not relevant in Scotland.

Fourth point that it was not upto the Bank to inform the court that the claim was settled, met with no reply.

His advice was that to pursue this further would mean a lengthy and complicated legal case, and to have it dismissed.

So after some thinking I said I would take his advice and the case was dismissed without expenses or costs to either side.

 

The court was full of solicitors, I was not helped, shown where to stand, and nothing was explained as to procedure. I got the feeling that because I was not a legal body I was a nobody, so much for the small claims being for Joe Public to use to defend himself.

 

O.k yes I'm now feeling sorry for myself; before the judge came in one of the solicitors gathered together a group of what looked like job experience school kids and explained that this was the small claims...blah. blah. blah and that it could be quite entertaining, guess I fell into that category.

 

Thanks to evryone that has posted or pm'ed me to wish me luck. Wish it could have been different.

 

Hey, guess whats going in the post tomorrow?......Fruitycar v Bank of Scotland, round 2.

[fruitycar]

not the result I was hoping for, case dismissed, see here...

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=12105

 

thanks for all the help and support.

Look out for Chapter 2, Fruitycar V Bank of Scotland round 2 !

[muirton]

Hey Fruitycar

 

Well done you for even getting through the doors! I think you did great!

 

Ok so it wasn't what you would have wanted, but just think, you are now our resident expert - all hail Fruitycar8-)

[aaronmcl]

Sorry to hear that fruity. Sounds like you were done!

[fruitycar]

Sorry to hear that fruity. Sounds like you were done!

 

yep, it definitely felt like a personal judgement from the bench.

 

 

 

{MOD: 1/2 dozen threads merged - again.}

[fruitycar]

 

Ok so it wasn't what you would have wanted, but just think, you are now our resident expert - all hail Fruitycar8-)

 

I have recieved a great deal of help and support from Robertxc, I would like to give him a huge THANK YOU. Thats the great thing about this forum, you are not alone

[Robertxc]

I think a slight change of strategy is called for to avoid this happening again. I'll call you later to discuss. You may have lost the battle, but you will win the war.

[Jamboray]

Hey Fruitycar, keep your chin up!!

 

Well done!!

[Debt Girl]

What a shame you weren't given more help and better treatment in the court but well done on going through with it!

[marko2002]

Hry fruitycar, absolutley top notch story m8, and I don't know for the life of my why you're apologising cause I reckon we're all proud of you m8 for sticking to your guns and going the distance

 

I reckon the judge was a bit of an arse to be honest (sorry for the language) cause if this had av been them against you, you can bet your bottom dollar that they wouldn't have had to argue THEIR case and would have been awarded everything they asked for.

 

You were failed NOT by yourself, but by the COURT which in my experience is unecessarily complicated.

 

Regardless, well done in your victory so far and the best of luck on your next lot.

 

Marko

[forkandles]

Would just like to say WELL DONE. Hope all goes well for round 2.

I am still on round 1, but like you I have broken my claim up into £750ish chunks,

so no doubt I will be sharing the same ups and downs that you have had.

Although, more ups than downs.

[marko2002]

fruitycar, as somewhat of an afterthought, and probably of no consequence now anyway but I feel it's probably got to be said that the legality of the judges actions were probably questionable as well, simply due to the fact that his job isn't necessarily to "pass judgement" but to make certain the case is heard and adhered to from a legal perspective. Granted, he might have thought it wise for you to "quit while you were ahead" so to speak, although based on the law (which he would or should have been familiar with) it should have went without saying that the 8% interest charge is a fair recourse, not to mention a common one so why he had a particular problem in this I cannot for the life of me understand.

 

Secondly, and in my opinion probably more relevant to his job was the fact that the bank were not questioned about their intentions in trying (rather foolishly) to bring the case to an end by claiming it had been settled. I would have thought even someone as narrow minded as this judge in question would have took offense to this kind of action by the bank and at the very least made them squirm a while in laying down the law!!!.

 

You never know, maybe your judge had shares in your bank or something, but in my opinion he definately wasn't acting with the diplomacy and professionalism one would expect of a respected judge!.

 

Well done again though and my claim went in today also, so here's hoping!!!!.

 

Marko

[fruitycar]

Naturally I have spent quite some time mulling over the event and agree, marko2002, this point about the bank saying the case was settled and my statement that I had contacted them 3 times to say it wasnt was completely ignored.

Do you think there are grounds for a complaint? The case was not settled and they should have been there.

I also remember now his opening phrase was "you've done RATHER well"

 

Does anyone now if it is possible to obtain a transcript of the hearing?

[charlieho]

Don't know if this court search would help.

http://www.scotcourts.gov.uk/opinionsApp/search.asp?searchtype=sheriff

 

I believe there is a delay between judgement and it being uploaded.

[fruitycar]

Don't know if this court search would help.

http://www.scotcourts.gov.uk/opinionsApp/search.asp?searchtype=sheriff

 

I believe there is a delay between judgement and it being uploaded.

 

Did a quick search, but nothing returned, maybe will take a few days, I will certainly look again.

It has a drop down menu for what type of case it was, I was tempted by several options...fraud, robbery, theft LOL !

[marko2002]

I personally would think there is grounds for redress here fruitycar, although I guess it's merely a matter of whether you can justify raising any form of appeal and whether you could see this through. I'm not sure what the procedure is to be honest, although I would have thought it is pretty straight forward considering it's based on a small claims. Regardless though, remember you would then be challenging the decision of a court, and in particular this narrow minded judge!. If you received the charges back from the bank in the form of a deposit in your account, then as far as I see it you still didn't accept their offer and no case was settled and the judges comments regarding "cashing the cheque" are irrelivant and bear no ground on this case.

 

If this is something you feel strongly about, then at least make enquiries about it so you know what's involved, although if the prospect of challenging a court's decision doesn't appeal to you then I would probably cut my losses, although in the same breath this could then set precidence on your next claim (i.e. you never got 8% on your last claim, so why should you get it on your next claim!!!).

 

Personally, as long as it wasn't too expensive, I would definately challenge the award of the court as it is not unreasonable to ask for 8% interest and this is in fact what a small claims recommends!!!

 

Cheers

Marko