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Everything posted by Andyorch

  1. Its directions agreed between both parties how the claim will proceed in preparation for the hearing...Fast Track Directions are not set by the court as in small claims track.
  2. Was the claim dismissed or struck out ? You keep referring to you " won " you got judgment ...a defendant cant get judgment ? Andy
  3. Yes the N181 Fast Track/Multi track DQ is rather complicated compared to the small claims track N180 DQ......take your time in completing it and drafting your Directions Order.
  4. Yes.... 9.10 How can a party ask the sheriff to make any other orders? (1) A party may ask the sheriff to make any other orders by sending an Incidental Orders Application to the other party. (2) That party must at the same time send the court a copy of the Incidental Orders Application with evidence that it was sent to the other party (for example a postal receipt or a copy of an email).
  5. I would assume the court serves a copy as the claimant must complete part D and return.
  6. Not really ...mediation is part of the process at allocation stage.
  7. Its complete when your satisfied and any snaggings have been corrected and faults rectified to your satisfaction....then you pay the balance
  8. Defended claim not defender Its the Directions Questionnaire n181 for allocation and yes you also submit one...hence the blank form.
  9. You really need to add the background here because if they do make application no one will be able to advise as there is no details re the debt or court claim.
  10. Thats why it was designed that way and intended
  11. Ah okay didn't know there was a court claim...no mention of it here on the thread. If its stayed they make application to lift the stay and proceed...no time frames..
  12. " or after 1 year I apply for the order to be lifted/stayed/removed?? " What Order ?
  13. Probably because you have not completed the form in its entirety ...you must complete A-C https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/forms/sheriff-court-forms/simple-procedure-forms/form_9g.pdf?sfvrsn=6
  14. Normally after a set a side it is acceptable to submit a fully particularised defence come witness statement style response...we are past the initial defence stage.
  15. It may be futile but all parties are expected to participate in ADR...wont happen anyway so no harm in ticking yes. Retain a copy for your file also Yes to mediation Yes to small claims track 1 witness yourself State your local county court. The rest is self explanatory tick boxes.
  16. So its a Personal Guarantee by you as Director of a lImited Company. Was it given without supporting security being provided by the guarantor or with supporting security such as a legal charge over the guarantor's family home. ?
  17. Part of the game and delay tactics...at least you agreed and was amicable which goes in your favour.
  18. N255 is a Default Costs Certificate for County Court...I think Mrs O'Frog means N244 Andy
  19. Mediation is only one small part of the DQ.....the DQ is to allocate the claim to the correct court track and transfer it to your local county court. Its a time sensitive document that should be submitted by the date stated....you state it dated ages ago...have you missed the date ? Also the DQ has no connection to disclosure of documents....that follows allocation of the claim...which wont happen unless you file your DQ on time.
  20. You should have received a Notice of Assignment from either the original creditor or the DCA (Assignor = Assignee) Check your credit files and see if the debt is listed from the the OC or the DCA or both.
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