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Found 9 results

  1. I am trying to pursue a company in Scotland via small claims court, I have received the paperwork back today Subject : Claims Issued Out Of Jurisdiction Please find enclosed claim forms returned to you for service, As this is a claim form to be issues out of the jurisdiction of the court. Money Claims Centre no longer servers the claim form direct to the defendant. The money Claims Centre has received this guidance from Court Business Support and as directed by a District Judge. Rule 6.4b of the cilic Procedure Rules only refer to general service by first class post to a jurisdiction within England and Wales and does not apply to foreign process. There is no provision to serve papers to addresses outside England and Wales I have rang PSU in Liverpool who in my opinion wasn't overly helpful in the pack returned I have :- Notice of issue (Duplicate) - I believe I keep this and fill in the missing dates of when sent, when it was received and date to reply Copy of claim form and submitted evidence - which I send to defendant N510 form - do I send that to the defendant ? Response form - which I assume the defendant needs to ? I need to know if I can put all the paperwork in the post and send via recorded method ? I need to know how many days I have to give the defendant to reply ? I know this is urgent and need to deal with it ASAP thanks for your support
  2. A quick question as I might need to act fast. My wife has just had a Scottish small claims summons delivered to her previous address, though Nolans know her current address. I think that this is statute barred as I believe it to be over five years from her last payment. Is it safe to phone Cabot to ask when the last payment was made? Or should this be asked in writing and the court asked formally for an extension of time for their reply? I will try and post more detail tomorrow. The promised further detail. The Form 1a was sent by Walker Love, on the behalf of Nolans Solicitors, in the normal post to an address that we vacated over 18 months ago. I am aware of other communications directly from Nolans to this address, though I have no idea what debts they relate to. We also had one from Nolans is to our current address, followed by at least one more to the old address. Nolans say that they are now dealing with this matter on their clients behalf and that all future communications should be with them and not to their clients. Should I send an SAR or CCA Request to Nolans? The details of the claim are: 1. A paragraph to show that the defendant lives within the jurisdiction of the court, even though she doesn't live there any more. However, we have not moved far enough for this to matter. 2. [Verbatim] On 24/04/09 the defender entered an agreement with VANQUIS under which the defender borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974. The defender failed to pay as agreed on demand and is in breach of contract with the said Vanquis. The said supplier assigned all rights to the said debt to Cabot Financial UK Ltd on 26/08/2011 and the pursuers have advised the defender of same. The said sum of £1103 is the sum sued for. The pursuers have made frequent requests to the defender to make a payment of the said sum but the defender has refused or delayed to do so. I think that this was for a credit card which was used for a short period time and I believe that no payments have been made since at least the summer of 2009 if not before. My thinking is that our best defence is that the debt is too old and hence statute barred. However we have no records to confirm when the last payment was made therefore I think that we need to contact either Vanquis, Cabot or Nolans to ask them. Should this be done by phone, an SAR and/or CCA Request, or a specific letter? Who should we ask–all three? Do they need payments included? I think it would worth asking for the Credit Agreement and all other data as well, as we may have other grounds of defence too. And the amount may not correct. I intend to respond to the court that we will defend the claim before the return date. However, I expect that we will need to ask for a sist–delay to get the information we need back. No account numbers except for Nolans reference.
  3. Ingeus are a private company. (Part of the mighty Deloitte Group of accountants.) This makes me wonder if I can sue them for non-performance. I was told I had to attend various workshops on different topics, this was made mandatory. The workshops were all run by the same person, who is laughably incompetent. He makes numerous mistakes of fact, he gets confused which event he is running and either him or the company often get the invite list wrong, with attendees getting repeat workshops but not the first workshop in the sequence. To top this, he tells lies about himself and his background (he claims various achievements, which on checking, have turned out to be false) and is in every way grossly incompetent. The 'workshops' on the usual topics like interview skills and team building, are utterly useless. Ingeus also run the usual selection process for candidate pool assessment. During this session the selector behaved in a plainly racist manner towards one candidate and generally treated everyone else like dirt. The process itself was laughably fabricated to produce a given result. (Everyone selected apart from those who did not have ID evidence.) The ID evidence demand was itself confused and contained possibly illegal elements. All of this makes me wonder if I can't take them to court under, for example, a Small Claim. After all, they are a private company are they not? They have wasted many hours of my time on these farcical activities, time which would have been far more profitably spent doing my own job searching activities. What do you CAG experts think about this, might I be able to get a CCJ against them for compensation for inadequate and useless service provision? Might I differently be able to argue that their restraint of me in these pointless workshops and other activities amounted to undue restraint or even kidnapping?
  4. Hiya, I was wondering if anyone knows whether the Scottish legal system allows for you to lodge a small claims by sending all the relevant documentation by post rather than going to the Sheriff Court in person? Thanks in advance.
  5. Hi All, I am first time Claimant and need help with specifics of a Small Claims Court process, how to fill in forms etc. Please help direct me to correct Forum. Cheers.
  6. Hi, sorry in advance if I am posting in the wrong area. I am currently suing T-Mobile for the difference between a mortgage I was refused and a mortgage I received due to an adverse credit rating. My Credit Report has only one payments from T-Mobile and the rest of it is A+++. The reason I did not pay the final bill was because it included an incorrect charge for "early cancellation" of my contract. I gave 30 days notice, they claim I didn't. I only paid after I received a letter from a debt collection agency (all this happened 2 years ago). I then sued T-Mobile for the full amount of the incorrect charge plus cash for lost time and phonecalls. They settled out of court and I assumed that was the end of the matter until I was refused a mortgage for a buy to let property due to this "missed" payment. I eventually received a mortgage on the property from The Woolwich but the difference between this mortgage and the better one was about £2,000 over 2 years. I have an email from my mortgage broker stating the only reason for the decline of the better mortgage was the default from T-Mobile. I contacted T-Mobile and asked them to correct my credit rating whilst I stalled on the purchase of the property for 2 weeks. They wrote to me and said they would correct it as a matter of urgency..........they only corrected it after 3 months. I then took the Woolwich mortgage and started my claim against T Mobile for the difference and had a preliminary hearing at court last week. The judge was a a typical type and said my case was that I had been "badly done to" I said I thought it was more than that and he said it all needed to realte to law and not fairness...........T Mobile's lawyer was obviously thrilled by the Judge's attitude and she also managed to get the judge to allow her an extension to getting her paperwork in as she is on holiday for a few weeks! He also reduced the length of the full hearing from 3 to 2 hours at her bequest and also accepted that she had not received her allocation questionairre and so was reinstating her defence (this had previously been thrown out as she had not filed everything on time. I was pretty demoralised after the event to be honest and do not know whether it is worth continuing. I need to decide on wht grounds to make my claim through law..............as far as I am concerned they incorrectly billed me so I had every right to stop the payments and they should have corrected my file but what part of law that is I have not got the foggiest although data protection and also one of the consumer acts might be useful. I would just like to know whether anyone thinks I should carry on with this, I want to, but feel everything is stacked against me...............thought the small claims court was the small man's court not yet another lawyers domain! Anyway many thanks for any advice/words of wisdom offered.
  7. Got a judgement against a thug who owe me 4 grand. Unfortunately judgment registered on his trading address and on trading name. He changed his trading name along with his trading address. It is 2 years since the judgment registered but he never bothered to pay, and actually went on benefits (by hiding all of his assets / resources and transferred to his relatives names). Now when I search the judgement register I do not find anything against him (on his name). I want to make following changes in the judgment so that at least his name should appear in county court judgments register: 1. Register judgment on his name (Exclude trading name) 2. Change his address How can I do it? OR Should I issue a new claim with correct details referring to previous judgment? Any expert help or somebody went through this scenario please share your experience.
  8. Hi guys, I have a small claims court hearing next week - can someone explain to me/provide a document that explains the court hearing procedures? I have never been and a lot of the information on the internet can be overwhelming. I want a rough idea what to expect in order to prepare my document and questions etc. Thanks again
  9. Hopefully someone may be able to help on this one: After leaving my last rented property our landlord refused to pay back our deposit and it had not been protected in a protection scheme. we lodged a small claim on a N1 form to the county court, which was checked at the court when we originally lodged it. The claim was under the s214 housing act 2004 for and ordered that the defendant repays the deposit and an order to pay 3 times the amount of the original deposit. we have recieved back a defence letter stating that the claim should have been entered on a N208 form and the case should be thrown out by the judge. i have a few questions: 1. can the judge throw it out due to this? 2. if yes can we submit the correct form to this case before it is thrown out? 3. if the case is thrown out can the judge order the DPS to release the frozen deposit or can we revert to the DPS to get the remainder of our deposit back? any help would be muchly appreciated Thanks
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