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riptscript

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About riptscript

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  1. It was a very good outcome in the end. At the options hearing, Shoosmiths had appointed a local solicitor to speak on their behalf, and he asked for the case to be continued for a further 6 weeks to allow Shoosmiths "clients" (i.e Arrow Global) more time to find the relevant documentation to back up their claim. I opposed that motion on the grounds that the pursuer had already had several months to find any relevant documentation, which the sheriff agreed with and therefore set a date for a proof hearing. A few days before the date set for the proof hearing, Shoosmiths made contact with me and told me their client had decided not to proceed with the case. They asked if I would agree to the case being dismissed with no costs due to or by either side, but I told them I would only agree to do that if Shoosmiths asked the court for a decree of absolvitor, which they eventually had to agree to as otherwise the proof hearing would have gone ahead and I would have won as they clearly had not one shred of evidence to back up their claim. A decree of absolvitor can be granted in these situations, whereby the sheriff can treat the case as if the defender has won when no proof hearing has actually taken place, because the Pursuer has dropped the case without presenting any evidence. It means that I cannot be taken back to court in respect of the alleged debt Arrow Global were pursuing. Thanks to all who have shown an interest in this case.
  2. Thanks to those who have responded. I decided to stay up half the night to prepare my adjusted defences and I lodged them with the court by hand today, so I made the 1st of April deadline for submittimg them. The Pursuers' copy has been posted to Shoosmith by special delivery today, which will mean they will receive it a day after the deadline, although the postman has been and gone today and I have still not received the copy of the adjusted writ which has supposedly been posted to me (apart from the e-mail attachment Shoosmiths sent to me, which has in part been rendered illegible by the photo-copying process). I am now fully expecting Shoosmiths to lodge some motion or other in an attempt to win by default due to their copy of the adjusted defences being delivered to them late or for some other similar reason, but I've dealt with this situation before in similar types of cases, and I am confident that I could successfully oppose such a motion if that's the route the Pursuers decide to go down. I occasionally act as a nominated lay representative in debt related cases like this - it just happens to be me as defender myself this time, but the work involved is still the same. Barring any motions being lodged, the options hearing is due to be held on 15 April. I will keep the forum posted on how things progress.
  3. Hi, I'm hoping for some advice re. an ordinary cause action I'm defending in Scotland . The Pursuer is Arrow Global with Shoosmiths acting as their solicitors - pursuing an alleged debt of £7,239 which they claim was assigned to them by HBOS. The last day for submitting any adjustments to either the writ or defences is 1st April (i.e tomorrow!!). I had previously requested a lot of relevant documentation regarding this case, but heard nothing until today when Shoosmiths telephoned me, saying they now had the documentation I had requested and asking if they could send it to me by e-mail, adding that they would send the hard copies to follow by post. What they have actually e-mailed is a greatly adjusted writ, which has clearly been re-written in response to my original defences, along with a copy of a personal loan agreement I had signed 15 years ago for an advance of £2000 with approx £500 in personal protection. The documents they have sent me have clearly been submitted to the court today as well, which will keep them within the time limit for submitting adjustments, but I did not receive the e-mail until late afternoon, so I was already too late to respond by the time I received it. I can't believe I was stupid enough to give them my e-mail address, and I can't believe they can get away with pulling a prank like this. Surely there must be something I can do to be able to respond to their significantly re-worded writ. I would be grateful for any advice that anyone can offer.
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