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  • Sheriff Court

    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

  • #2
    Re: Sheriff Court

    Originally posted by hantsandy
    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

    Comment


    • #3
      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
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #4
        Re: Sheriff Court

        Yeah I’m sure your right Niddy they didn’t expect me to turn up. No probs you posting about the oxygen pal. It’s in a wee backpack now, so I’m hands free ready for a fight. ;EEK

        The solicitor/dca website is still down today, so maybe consumer direct/trading standards took action as to my complaint regarding the company promotion their advantage as to their alliance with sheriff courts. ;N ;N

        Gerry 2

        Comment


        • #5
          Re: Sheriff Court

          The book’s a bit timid Andy, I was thinking more along the lines of chucking them a couple of grenades & wee bit dynamite for luck. ;EEK ;EEK
          If your going to take on the wee gas woman, you need to prepared for an explosion.. :rulez :fight

          Gerry 2

          Comment


          • #6
            Re: Sheriff Court

            Originally posted by Gerry
            If your going to take on the wee gas woman, you need to prepared for an explosion.. :rulez :fight
            ;LOL ;LOL ;LOL ;LOL ;LOL
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #7
              Re: Sheriff Court

              well done Gerry, its good to see us winning and them making eejits of themselves. Hoepfully they will just piddle off now. keep posting, wonder what you call the thing the Shefiff perches on though???

              Comment


              • #8
                Re: Sheriff Court

                Originally posted by evenlessdopey
                well done Gerry, its good to see us winning and them making eejits of themselves. Hoepfully they will just piddle off now. keep posting, wonder what you call the thing the Shefiff perches on though???
                Thanks evenlessdopey,

                The Sheriff's perch is “The Bench“. I’m getting right into Court room etiquette now. 2

                Comment


                • #9
                  Re: Sheriff Court

                  Originally posted by Gerry
                  The Sheriff's perch is “The Bench“. I’m getting right into Court room etiquette now. 2
                  Quite right - The Sheriff sits on a Bench! You're definitely turning into a right little legal beagle lol.....
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: Sheriff Court

                    Gerry - well done you !! I had actually read this thread earlier and now knowing it is the scumbags i am dealing with i am in awe at your performance. Sounds like it was scary, but empowered with Niddys help you flew through it !!

                    Well done ! I'll let you know when i need help in the courts lol
                    I hereby promise to treat Debt Collection Agencies with the same values that they treat me. UTTER CONTEMPT !!

                    Comment


                    • #11
                      Re: Sheriff Court

                      ya

                      Thanks billypre, I couldn't have done it without Sir Niddy's gh guidance and support. Keep my fingers crossed waiting for your feed back. :yeah

                      Good luck. :what

                      Gerry x

                      Comment


                      • #12
                        Re: Sheriff Court

                        Hey gerry, any update to all this?

                        Niddy gh
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Sheriff Court

                          Originally posted by Never-In-Doubt
                          Hey gerry, any update to all this?

                          Niddy gh

                          Hi niddy,

                          Sorry for taking so long to reply, I’ve been in hospital for few weeks with bad lung infection. Thanks to my “Crème de la Crème” medical team, I’m fully recovered and back home now. :yeah :yeah

                          The next court hearing is January, I need to get on the ball and get a few heavy letters sent to Nolans this week.

                          Got some great news from Financial Ombudsman. Today though. I’ve been in dispute for the last 3 years with Black Horse regarding interest charges on settlement figure for secured loan. F.O.S. came down heavy on them and by read the riot act this morning. Black Horse have agreed to waive the interest, deduct court costs and they’re also paying me compensation.

                          Total amount of £5,220 deducted thanks to the excellent support and help from FOS.

                          A very happy Gerry. x

                          Comment


                          • #14
                            Re: Sheriff Court

                            Result Gerry!!
                            Is it me or are the FOS picking up their game a bit recently????

                            Whatever, have a fabulous Christmas!

                            Comment


                            • #15
                              Re: Sheriff Court

                              Good result Gerry, well done.

                              Comment

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