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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    Default Need help with court forms, please, anyone

    Hi everyone

    I need some help with the Form 1 and b1, what goes in this section, I know I read it somewhere but can't find it now.

    This is the part of the "Summary Cause Summons" that asks "Claim (form of decree or other order sought) and is section 4

    Would I just put "Repayment or bank charges" or does it have to be a little more specific.

    If anyone knows a standard reply to this please let me know?

    I could also use some help on section 7 - "STATE DETAILS OF CLAIM HERE (all cases) and PARTICULARS OF ARRESTMENT (furthcoming actions only)

    Don't want to mess this up by putting in the wrong info.

    Please note that I am splitting a £5128 claim into smaller claims.

    This is the step I have been dreading but as it says don't threaten court action if you are not sure if you want to proceed, I want to go the rest of the way.

    HELP

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  2. #2
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    Default Re: Need help with court forms, please, anyone

    Hi there,

    Go and have a look at the Guidance Notes section under Scottish Procedures if you are in Scotland. It is very handy, although I've completed my forms to the word and the Sheriff Court has returned mine today with regard to "Box 4" So I'm seeking advice on my wife's threat MelanieGB vs BOSicon.

    Keep checking back on our threat in case someone comes up with some advice.


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    Thumbs up Re: Need help with court forms, please, anyone

    Hi Vagabond

    Thank you for the response and help, I have had a look and they look fine to use but I am a bit concerned now about Box 4.

    If you used the words on this webpage why did they send your form back to you?

    This part is really difficult, everything up until now was pretty straight forward because there is plenty of info on this and other websites but get to the going to court part and there doesn't seem to be much help.

    Thanks again for your help


  4. #4
    Site Team maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52 Authoritative maroondevo52's Avatar

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    Default Re: Need help with court forms, please, anyone

    Hi, Squeekyclean,

    In Box 4 Claim(form of decree or other order sought)
    Put: 1. The persuer claims from the defender the sum of £xxxxx
    2. £xxx interesticon from xx/xx/19xx to xx/xx/20xx
    3. plus the expenses of bringing the action.

    Section 7. takes a bit of time for me to type out. I'll try and get back to you soon.

    Hope this helps.

    Regards.

    Scott.

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  5. #5
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    Default Re: Need help with court forms, please, anyone

    Hi maroondivo52

    Thank you for the help, been on other websites for days without a reply.

    Do you think that is why the court returned Vagabond's form, because he didn't calculate the interesticon and state how much it was?
    I though that the interest would be calculated at the time of payment from the bank as it could take a bit of time to pay out, maybe I'm wrong.

    I did have a look at the template thingy for the form and was a bit put off by the length as I need to make three claims and would have to write this out six times, would printing it out and signing it be the same or does it have to be writen?

    Thanks in advance


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    Default Re: Need help with court forms, please, anyone

    Hey Squeeky,

    I've handed my court papers in and here are the changes I was told to make :-

    http://www.consumeractiongroup.co.uk...-scotland.html

    KB

    Bank of Scotland (In Scotland)

    S.A.R. sent - 03/11/06
    Statements received - 30/11/06
    Prelim Letter sent - 04/12/06
    LBA Sent - 09/01/07
    1st claim filed at Sheriff Court (£720+int) - 01/02/07
    1st Claim settled by BoS (£1037) - 17/04/07
    2nd Claim filed at Sheriff Court (£735+int) - 11/05/07
    2nd Claim settled by BoS (£977) - 13/06/07

  7. #7
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    Default Re: Need help with court forms, please, anyone

    Hi Squeeky,

    have you now filled out everything you needed?

    If not, simply write as your claim in box 4:

    "To grant decree against the defenders for payment to the pursuer of the sum of (for example) ONE THOUSAND POUNDS (£1,000) STERLING plus interesticon at the rate of 8% annually from the date of service until payment, together with the expenses of the action."

    For box 7, this where you have to submit the details of your particular charges and the basis for your claim, ie, the illegality of the charges. It is quite competent for you to submit a "Statement of Claim" to attach to the summons which is in a style I can forward you as the space to fill in box 7 is limited.

    hope this helps

    S.A.R sent (RD) - 14/9/06 (no response)
    Reminder (RD) - 6/10/06 (no response)
    Phonecall to BofS chasing - 24/10/06 (no response)
    Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response)
    Phonecall to BofS complaints - 2/11/06
    Received statements back to 2004 only - 14/11/06
    Another phonecall to complain - 16/11/06
    All statements received - 31/11/06
    Claim submitted - 1/12/06
    Received acknowledgements - various over January 07
    Telephone call to offer full settlement - 14/2/07


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