I have just won against Barclaycard and Monument as they didn't defend in time and therefore couldn't apply for a stay. They did turn up on the day but basically missed the return date so the sherriff awarded in my favour. The court advised me to complete a decree and now Barclay's lawyers have been in touch to settle and want me to withdraw the decree. There is a hearing next Friday to determine if the decree is to be lifted.
Basically, I am happy for it to be lifted as long as I get my money however I got a letter from their lawyers today stating the amount they wish to settle. It is for the amount I claimed including interesthowever doesn't include the 2x£39 small claim
fees I paid to the court. As I won the case by default, I'm sure they will have to pay this however they are saying they only want to settle the amounts without my costs. Can they do this?
Also, I have been told I have to appear next Friday. Do I have to and can it have any negative consequences to me or my claim?
Any help would be gratefully received as it seems to be complicated legal matters now and I'm out of my depth.
I should mention this is in Scotland.
Thanks
John
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