Opposing a sist (merged threads)

AC2007

I am just back Ayr Sheriff Court where my parents were opposing a sist brought by the Clydesdale Bank.
Their original case was called for 7^th July, before the OFT started their proceedings but it was adjourned until 7^th September as the Clydesdale had lost documentation sent to them by my parents.<o></o>
There were 6 cases before ours and no-one was properly prepared and the sheriff granted the sists without any objections from the claimants. <o></o>
When we stated our case for the sist being opposed as follows;<o></o>
<o></o>
WE OPPOSE THE GRANTING OF THE SIST APPLIED FOR BY THE CLYDESDALE BANK PLC.<o></o>
WE SEE NO NEED TO WAIT FOR THE RULING OF THE OFT TEST CASE IN THE ENGLISH HIGH COURT WHEN THE RULING MAY NOT BE APPLICABLE IN <st1:street w:st="[/IMG]<st1:address" on=""><st1>SCOTLAND</st1></st1:street><o></o>
WE ARE PREPARED TO GO TO PROOF ON 7^TH SEPTEMBER AS PREVIOUSLY ARRANGED BY THIS COURT AS WE BELIEVE THAT THIS COURT IS MORE THAN CAPABLE OF RULING ON THIS MATTER.
<o></o>
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The sheriff then seemed to take exception to us questioning his judgement of the previous cases, by opposing the sist and ignored our pleas to go to proof stating that even if we won our case in September then the bank may appeal, he then granted the sist.<o></o>
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Where can we go from here?<o></o>
<o></o>

Cheers
<o></o>
AC<o></o>

optician_2

since the court case is being held in england does this mean that the judgement will be the same in scotland since the legal system is different?

IZZY01

optician wrote: »

since the court case is being held in england does this mean that the judgement will be the same in scotland since the legal system is different?

I think it is for the whole of the country, as the FOS are also putting everything on hold.

mredmred

I think its the whole country.

I had my court date for the end of September then last week i was served with a sist action and i quote "pending determination of the action raised in the high court in london by the OFT against the Clydesdale bank"

now i wasnt bothered about claiming any interest in fact I even offered my bank a lower settlement fee but they just ignored it.


After this I want to cancel my court action and resubmit it with interest added as now way should my bank get to sit on all the illegal money it has taken from me over the last year.

Stokey125

optician wrote: »

since the court case is being held in england does this mean that the judgement will be the same in scotland since the legal system is different?

The judgment in the OFT case will NOT be binding on the courts in Scotland. It will only be persuasive authority. The only court in England that can give a judgment that is binding in Scotland is the House of Lords. Accordingly, where a bank seeks to riase a sist it can be argued that as the decision is not binding a sist should not be granted.

samtheman_2

It appears we are not covered by the 'freeze' - if so whats the next step in claiming charges back after you recieve the letter notifying you of the freeze?

nic_nak_2

I have also seen the article about their not being a freeze in scotland, and that they are changing the amount the small claims court in scotland can award from £750 to £3000. Any info on what to do know would be much appreciated.

angelwillow

Can I ask where you heard both these bits of information please as they could be very helpful if definately correct?

samtheman_2

in Martins guide to claiming he has a special update section for the current situation - in the Q & A's it states that this does not apply to Scotland so there is no freeze

angelwillow

Thanks - I'll go have a look!

nic_nak_2

Hi, both pieces of info were in news paper cut out my dad gave me. I think it was in the Herald on sunday or the Mail, it was buy a Simon Johnston Scottish political reporter. Dad thought it would be helpful, as I have been sent the thanks for your request but cant do anything until court case settled letters.