Jonnybuddy
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GREENBELT GROUP - they got decree
Jonnybuddy replied to Positive1's topic in Scotland Financial Legal Issues
Will be suprised if the case goes ahead in January,my case has been adjourned twice. Now meant to go ahead in around 3 months. Just realised in will just be a prelimary hearing anyway,after that you could get this dragging on a while.- 31 replies
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- county court
- decree
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I am a defendant in a small claims case, the pursuer has just filed an incidental application due to their main witness being too ill to attend the upcoming hearing. From the letter I received it states ' ##### for the pursuers respectfully moves the court to discharge the full small claim hearing assigned for #### and assign a fresh diet for a small claim hearing owing to the ill health of one of the pursuers witnesses. This witness was employed by the company pursuing me. This witness completed documetation in their role as an employee which I believe is incorrect. I received this documentation 2 weeks before initial hearing which was adjourned due to lack of sheriffs available on the day. I was looking forward to cross examing this 'evidence/documentation' and witness. Should I oppose the incidental hearing? I assume the pursuer will still have this documentation as part of their evidence, but no witness and may ask for some written statement from this witness in their absence. I am unsure of what to do with this. Any help most appreciated, I am in Scotland if there are any tips from anyone.
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They are claiming from end off 2008. I was not aware of them when I purchased my property. They were sending bills to the previous owner until my wife called asking why they are sending bills to our property. I have followed the action group against them over the years and decided to also not pay. Like you, I will defend in court and see what happens from there.
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, the following could be helpful to defend yourelf in court: This judgement sets an important precedent for other estates in Scotland and has flushed out information that will be of use to homeowners on other estates including that homeowners have the legal right to withhold payment if they feel Greenbelt Group or any other land-owning land maintenance company has not maintained the land adequately or if they feel the charges are unreasonable. As we've said all along, if a company thinks it has a right to your money and you disagree, the onus is on that company to prove its claim through the courts. See sections 137 and 155 of the verdict - available via the link to the verdict above. http://www.spanglefish.com/WestMyertonResidents/ I ask as I too have just been summoned and am looking at ways to defend myself. My case is very similar to jennyanydots.
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