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awic

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  1. Hi, I sent the incidental application to the court, and the request for information to the pursuers on the 16th. I haven't heard anything back, and since the hearing date is only a few days away I called the court to ask if they'd received it (which I know they had as the letter was signed for). The person I spoke to in the clerks office said I cannot apply to have the case postponed, it is undefended and it will go ahead, and I'll have an order granted against me. I again explained the whole situation, the summons arriving on the 12th, my not knowing what the sum is for. He said the only thing I can do is call the pursuer and ask them to explain it to me, and ask them to continue the case. I don't believe for a minute that the pursuer is going to do anything to postpone the hearing when at this stage it's practically a forgone conclusion, and they will be in a much stronger position once the order is granted. At this stage, I think I have no option other than to pay this sum to avoid having a court order granted against me, although I'm extremely loathed to do so when so far no one can give me a breakdown of the total. How can the court possibly expect me to rely on the people suing me, to help me out. It's ludicrous.
  2. Hi Ida, That's excellent, thank you ! I had been on the verge of paying this without even knowing what most of it is for. I'll get onto that right away and send it special delivery on Monday. Really annoyed now that the clerk told me there was no way to postpone either the return or hearing date, which seems to have been lies. She told me the only way to stop it going to court on the given date, was to pay the total sum, even if I offered to pay it up, the court would have to consider this. I'll update this thread when there's anything to add. Thank you.
  3. Hi, I called the court and explained. They said I need to have the paperwork in by tomorrow, there is no way to postpone the heating, or the return date. I told her I didnt understand the sum being sued for, and she said to telephone the factor and ask them to explain. Does this sound right ? Surely they understand I need time to look at this.
  4. Are they likely to postpone ? Is there anything I should say to increase the chances of this ?
  5. Hi All, I have received a summons to appear at the Sheriff court in relation to a small claims case. The pursuer is the factor of a flat which I own, and they are suing for back payment of management and maintenance fees. The main problem is, that I have only just received the summons, and the return date is tomorrow (13th). The summons was delivered to my father's previous address, was eventually passed onto him, and he passed it to me. I have never lived at or had any connection with this address, and I have no idea how they got it. I had no knowledge that this action was being raised prior to this. I don't understand how they've arrived at the sum they're suing for, and the statements alongside the summons don't add up to the total sum. My first thought was to phone the factor and explain this to them, and ask that the case be postponed, but I imagine they would much rather let it go ahead and are unlikely to do me any favours. Can anyone offer any advice on this ?
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