Sheriff Court

[Never-In-Doubt]

Re: Sheriff Court

Hi Gerry

Excellent news that you won a mini victory although i'd have pushed for a strike out based on lack of agreement and events to date - basically it would have shown the sheriff that the lender had no right to take such formal action in the first place - in fact it may be worth getting legal help now and claim costs, being you've already been awarded them......

I think you may find the lender/dca may pull out - well they will if you push them hard enough for the infor request (which we know they cannot satisfy) plus they did NOT expect you to turn up (gas included) and fight them.

Sorry, I think it is pertient to let others know that you're not very well and have a portable oxygen unit..... this proves the scum that tried this on WILL try and take advantage of persons they think will be meek and walk away and not fight - good on you for taking the fight to them - and winning the second leg of your battle

Best of luck, keep us updated...... ;-y

[Gerry]

Re: Sheriff Court

wow sounds like you had a mind blowing experience, well done you for getting through it! I am sure Niddy will be along to give you a 'debriefing' lol and of course offer more advice

regards

Andy

Cheers Andy,

I did everything "SIR NID" told me to do, 2 so I wont be getting a telling off…. ;N ;N

The solicitor didn’t give me an easy ride, but then again it wasn’t her case she was defending it for a colleague so I suppose she had to protect her professional reputation. It’s funny now thinking back to the Sheriff sprinting out the door, but at least it show’s they’re human. ;LOL

[Gerry]

Hi N.I.D ;Hi

Just wanted to say a huge thank you, for your guidance and support last week, I was panicking when I contacted you, only having 24 hours notice to prepare for the court case. Fear of the unknown is very intimidating. However, after your coaching re court set up, personal conduct and the in depth instruction and material to how to defend the case. I was confident and ready for the challenge. ;P-;

I was bit nervous when I arrived at the court, but was pleasantly surprised at how informal it was. The sheriff was up in his perch (sorry don’t know legal term for his seat ;Hmm ) the Sheriff Clerk, pursuers solicitor and myself sat round a big table in front of him. ;Qt

It wasn’t the same Sheriff and it was also a different solicitor appearing for the pursuer which was a bit of a nightmare. She claimed to have been misinformed as to the outcome of Incidental Application hearing and allegedly was under the impression that decree was to be granted. As I was the only one present that had actually attended the Incidental Application hearing I really had to go over my defence again to clarify the previous sheriff opinion and the evidence of proof he had requested from Pursuer. The pursuer’s solicitor did interrupt and disputed a lot of the facts; thankfully the sheriff clerk reaffirmed the accuracy of my testimony from Incidental Application hearing notes. I did need to remain strong and deliver my defence assertively; otherwise the solicitor would have walked all over me.

I was confident that the sheriff was on side after my evidence, ;D was bit surprised when he continued it to diet of proof hearing, however she appealed to the sheriff to allow the pursuers solicitor proof hearing as she had been misguided as to outcome of application hearing. I didn’t ask for court expenses or even mention them so I was a bit taken aback when the sheriff awarded the pursuer pay me court expenses as from the Incidental Application hearing. I think he awarded expenses to compensate for continuing it to diet of proof hearing, he must have felt guilty because he couldn’t get out the door fast enough and didn’t look at me after his judgement. I suppose in a way that’s a good sign because it show's that he’s human. ;Red So that’s me till diet of proof hearing in January. ;N

I lodged a complaint with Consumer Direct for their non compliance with OFT Guidance and also misleading information on company website. I don’t know if it was is just coincidental however I couldn’t find the solicitor website today. I'll keep checking and update you in next couple of days… ;-y ;Sh

Thanks a million for all your help. When does my training start for diet of proof hearing ring in January?? ;LOL ;F-


Gerry ;K7