Opposing a sist (merged threads)

westie2

Thanks I have copied the transcript of Coleman & Thomson v Clydesdale Bank at Inverness, fingers crossed x

Stokey125

nmcnelis wrote: »

Thanks for that.

The bank submitted 5 reasons why the actions should be sisted:
1) overlap with OFT case
2)risk of different approach across UK if case not sisted
3)not in the interest of justice to have a multiplicity of cases and decisions on same issue
4)administrative burden on the courts
5)waiver granted by FSA will be lost if actions not sisted

Sheriff Pyle in his decision dimsmisses each of these arguments.

You can read the whole judgement at www.govanlc.com/thomson_v_hbos.htm

Thanks for this. I note that when it was pointed out that the particulars of claim only made reference to the 199 regulations it was submitted that the penalty issue would be raised in the defence. As there is no claim in relation to the penalty issue any reference to the penalty issue would not effect the position that the court is not being asked to rule on that issue. The only issue to be adjudicated on is the applicability of the 1999. regulations.

nmcnelis

Was back in court today and managed to get the application for a sist rejected.
It was the same judge and, to be honest, he did most of the work for me and seemed to have made his decision before we went in. He did ask that we re-do the statement of claim in more detail but thats a minor thing.

The case is now going to be heard in a fortnight (assuming they don't offer a settlement). So...any advice on what i should be doing now?

scotlass99

Hi Folks

Firstly I am sorry if this type of question has been posted a thousand times before but the forum is so big it would take me days to find the answer!

Bank of Scotland are appearing at court on friday, the lady that works in the court says that they will probably ask for a sist (it sounded like sist, but not sure of spelling or meaning!!:o) Does this mean they will ask for it to be suspended until after this test case? I thought these stays didn't apply in Scotland?

What should I do or say on Friday? Any ideas?!

Thanks!

Edinburghlass_2

Have a read of the above posts and check the links as they should help.

And this link from the Govan Law Centre...

http://www.bankcharges.info/

scotlass99

Hi

Can somone please give me a step by step guidfe on whgat i need to do at court tomorrow about this sist? do i need to take anything with me or say anything? I am so clueless about all this i don't want to go in tomorrow and not know what i am talking about!

thanks

scotlass99

Hi

Sorry to be a pest but anyone who has been through a similair situation can you offer any guidance? I am due in court tomorrow at 10am and feel way outta my depth here - 2 previous small claims actions settled before court!!

Please help!

scotlass99

Okay, no replies...

So tomorrow I am taking with me
+Copies of bank statements
+Copy of spreadsheet outlining charges
+Copy of http://www.govanlc.com/thomson_v_hbos.htm
+Copy of Northern Rock statement showing arrears along with other documentation showing level of debt due to partner having heart attack and being off work.

So i will take all of this with me tomorrow and see what happens...

Don't hold out much hope..I really need that money too..

scotlass99

Just an update (if anyones interested!). Went to court today it was scary and horrible! I was sitting waiting and a guy with one of those wig-things came up and said "Are you Scotlass99?"(obviously using my real name!!) and i have no idea how he knew who i was as there were about another 15 people in the room.

He explained he was representing the bank and that he was going to apply for the case to be sisted. He asked how I felt about this and I said I wanted to oppose it!(Meanwhile stomach doing a little dance!!)

So next thing my name is called and not having any knowledge of courts apart from what you see on the telly, I just kinda froze until the bank's lawyer moitioned for me to come forward.

So here I am standing in front of all these people!! Public speaking is not my bag!! So lawyer says he wants to apply for case to be sisted. Judge turns to me and I say I would like to oppose this and quote an Inverness case where sist was refused.

Judge goes back to bank lawyer and he gives 5 reasons!!! At this point I am feeling totally out of my depth but am concentrating on looking calm and collected and all knowledgable and that!!

Judge comes back to me to ask if i have anything to add. I say the ruling of OFT test case may not be binding in Scotland therefore why sist cases. I also say I have brought with me Northern Rock and EDF letters showing arrears which I was goping to pay using this money.

Judge grants sist! Not sure if i'm meant to shout out "No, you can't do that!" while being dragged out of court so I just smile politely and walk out!

So will just have to wait and hope I don't get chucked out of the house and gas and leccie disconnected in the meantime...

Sorry for the long post! Just to let anyone in the same boat know what they can expect!

borgbaiter

hi

i feel for you. scotish law seems more formal than uk. seems unfair youve been sisted. hope it all works out in the end.

Borgbaiter