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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 5th July 2006, 18:02   #1 (permalink)
nearlyoldwoman
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Watch out, there are Claims Touts about!

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Join Date: Apr 2006
Posts: 121
nearlyoldwoman Novitiate
Default my summary cause

handed in my summary cause yesterday (tue) and paid for it, received it back from the court today stamped and signed but am having trouble getting it served reason is there are no sheriff officers in shetland so have to get a solicitor to do it, traipsed around all the solicitors today and nobody can do it (reasons vary from too busy to we dont do that here) i think in other words small island community too scared to get involved am trying sheriff officers in aberdeen and inverness to see if they can do it and how much it'll be. needs to be served before next fri. if anyone has any other ideas let me know pronto. i really didn;t think it'd be problem, but my partner thought this would happen, is like that here sometimes.
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Old 5th July 2006, 21:39   #2 (permalink)
o0oliambeeo0o
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Smile Re: my summary cause

Hi Marciag, im not sure how it works with the summons being served, im about to do it start of next week, do you know if YOU have got to give it to sheriff officers or can anyone hand it into them, I went into their offices the other day to ask the price and they said it was £30.25 (dont know if yours would be different dependant on distance etc) to serve.

If anyone could submit it for you I would be more than happy to give it into the office im giving mine into. The office im going into is George Walker and Co, 24 St James St, Paisley, PA3 2JS, TEL: 0141 887 2478. Webpage is George Walker & Co. - Messenger-at-arms and Sheriff Officers.

If It can be done this way, and you are happy with it you could post it to me and I would gladly hand it in for you, again im not sure so get confirmed if It can be done this way and how much it would cost in your case and just let me know.
__________________
Prelim Req sent 12 June 2006,
LBA sent 26 June 2006,
Confirmation of court action sent 24 July 2006,
Court return date 20 October 2006 - LTSB did not reply,
Court hearing date 27 October 2006 - Decree granted in my favour,
Recall of decree recieved 16 November 2006,
1 December 2006 assigned as recall of decree,
26 January 2007 assigned for full proof hearing,
16 January 2007 1st offer recieved and declined,
23 January 2007 2nd offer accepted, awaiting monies to hit bank account

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

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Old 6th July 2006, 14:43   #3 (permalink)
nearlyoldwoman
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nearlyoldwoman Novitiate
Default Re: my summary cause

phew, i emailed heaps of places in aberdeen last night and luckily scott and co (messengers in arms etc) have replied first thing this morning and said they'll do it. i have to post it down to them in aberdeen and send a cheque for just under £16.00 (not bad). before i received this email i spoke to the sheriff clerk about difficulty in getting a solicitor etc, i mentioned that maybe i should have gone for 2 small claims instead (people seem to break down their claims in blocks of £750) but he said that cant be done? i'm sure i've seen other posts about it. so it looks like its back on track, just worried about the costs if we do lose the case (i know nobody has lost agains the bank yet) but dont know of any other summary cause cases? small claims if you lose you only pay cost of up to £75 but with summary cause you pay all their costs back! so i'm just feeling a bit nervous today.
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Old 6th July 2006, 15:00   #4 (permalink)
alexcraw
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Default Re: my summary cause

I also spoke to my local Sheriff Court Clerk yesterday and she said that she doubted very much that this could be done aswell (multiple small claims on one account). However, Mike Dailly on the Govan Law centre site said that there is no reason why not. The clerk I spoke to was not 100% sure, but she was very confident that you cannot do it that way.
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