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    • Hello, I wasn't able to update the defence, so they got the daft one.  Pra Group have responded dated 25th April saying they intend to proceed with claim. I have also received a stack of documents, similar to last time - print outs of old statements, but this time around they have send me a copy of the Barclay Card Conditions. Unsigned and dated. The address is an old address.  A consumer credit agreement with current address. Pages of it and no signature. I have uploaded onto a PDF what I have. The CCA agreement looks like a generic print out, I5 pages + long, I've included the 1st page that had my details on (redacted) don't know if its necessary to upload all of it.  Barclays 26042024.pdf
    • I suggested consideration of bankruptcy some years ago. It was not well received.
    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
    • Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top.
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Max amount someone can clain in Scottish court


Steveh3
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Hi all

I need some advice from anyone who has made a claim in a Scottish court.

Is it true that the max claim that can be made in Scottish small claims is £750, if this is true it is very worrying forme, as I am trying to claim back £1395.

 

any advice would be appreciated.

 

Cheers

 

Steveh3

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Steve,

 

Without wanting to sound patronising, you need to read up a little more on case studies and FAQs if you can't answer this one. It's important to make sure you know what you are doing so you can preempt any problems rather than waiting for someone on the forums to sort it for you!!

 

In respose, yes you are correct, 750 is the maximum. It's quite straightforward to resolve this. Make two claims. However you split it is up to you. Find a date where either side of it the amounts are less than 750 then you can claim from start date to this date then another claim from this date to end date.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi Steve

 

Alternatively you could raise an action called Summary Cause which means you can claim from £750 up to £1500 instead of splitting into 2 small claims. The cost of this is the same - £39. You will find all the info you need here Summary Cause Guidance Notes

 

You can complete the forms (1 & 1b) online then print off and hand into your nearest Sheriff Court.

Hope this helps

 

Cheers

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Thanks T4FF

I have read the FQA's and others threads and know a lot more about the process.

I will probably raise two claims, but I looking at the summery cause raised tanzi10.

Thanks for you help

steve

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tanzi10

I have never heard of this process, I was about to start raising to claims in the small claims court, but I will look at summery cause first.

Have you or do you know of someone who has used this process.

Thanks you've have been a great help.

steve

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