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Everything posted by Jonnybuddy

  1. Yes that time again when I shall be in court shortly with that lot! Will be interested if anyone has had any dealings in court recently.
  2. 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.
  3. 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.
  4. I have had my small claim hearing. The judge read over my defence and has referred the case to later in the year for another hearing/ judgement.
  5. That link you put up on post 46 is very empowering for you jennyanydots. I too have studied this verdict for a number of months and have found it invaluable. I am sure you too have the same or very similar deeds as these residents,would be very suprised if you did not.
  6. What exactly do you do next then? Have you been told to get more proof? Can you bring more more evidence to the judge ,for example the test case, you believe that the burden you have is invalid and therefore unenforceable? Have you looked a the burdens in the title deed/Land certificate?
  7. Did you use any information as regards to the test case where owners won the right to remove the burden from their deeds? If not,why not?
  8. 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.
  9. Thanks again dx100uk. I noticed Greenbelt interpret the verdict entirely different when reading their website. I hope jennyanydots has read the information on West Myreton residents website and also uses this information in court. Jennyanydots....if reading this let us know what happenend.
  10. I need to come up with a way to interpret this information when I defend myself in court,Its going to be tough!
  11. Thanks for that DX100uk. Out of interest did you have a look at the link? If you did,do you think I could use this case to defend myself?
  12. , 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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