Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    johnny4 Novitiate

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    Default Barclycard decree

    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 interesticon however doesn't include the 2x£39 small claimicon 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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  2. #2
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    Default Re: Barclycard decree

    Hi John

    It would seem to me that (even though I am not "up" on the scottish legal system) you won, what is the wording of the order or decree, they have to pay up in FULL and this includes interesticon and court fees.

    If they turn up to court having offered to settle but not pay legal costs, I doubt the judge will be very favourable towards them, can you ask for costs due to their unreasonableness ie travel, parking, a days salary?

    Lula


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  3. #3
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    Default Re: Barclycard decree

    actually re reading in, write back to the solicitors, and tell then that you will only agree for the decree to be lifted if they pay in FULL including court costs.

    Lula


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  4. #4
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    Default Re: Barclycard decree

    another thought, if you do indeed get other costs in scotland put together a spreadsheet, detailing parking, taking a day off work etc and present to the solicitors and state that in addition to the FULL costs awarded by the court you will be asking for additional costs due to their unreasonableness and it is my bet that they will cough up

    Lula


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE