Search the Community
Showing results for tags 'prodedure'.
Found 2 results
All documents are here: Ordinary Cause Action for over £5000 http://www.scotcourts.gov.uk/taking-action/ordinary-cause the important ones are attached to this post Period of notice after citation ......time you MUST reply by: 3.6. (1) Subject to rule 5.6(1) (service where address of person is not known) and to paragraph (2) of this rule, a cause shall proceed after one of the following periods of notice has been given to the defender- (a) where the defender is resident or has a place of business within Europe, 21 days after the date of execution of service; or (b) where the defender is resident or has a place of business outside Europe, 42 days after the date of execution of service. (2) Subject to paragraph (3), the sheriff may, on cause shown, shorten or extend the period of notice on such conditions as to the method or manner of service as he thinks fit. (3) A period of notice may not be reduced to a period of less than 2 days. (4) Where a period of notice expires on a Saturday, Sunday, or public or court holiday, the period of notice shall be deemed to expire on the next day on which the sheriff clerk's office is open for civil court business. worthy notes: Actions relating to regulated agreements 3.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974 the initial writ shall include an averment that such an agreement exists and details of that agreement. - thus...get a CCA request running to the pursuers filling in form 07 The notice of intention to defend, together with the court fee of £ (129 as at aug 2019) must be lodged with the Sheriff Clerk at the court address return the form in person if you can to the relevant sheriff's clerk office or email [pay by card over the phone] you must copy the form to the claimant too. you then have 14 days to intimate [file] your defence but there's no reason to not to file your defence at the same time Defences 9.6. (1) Where a notice of intention to defend has been lodged, the defender shall (subject to paragraph (3)) lodge defences within 14 days after the expiry of the period of notice. (2) Subject to rule 19.1(3) (form of defences where counterclaim included), defences shall be in the form of answers in numbered paragraphs corresponding to the articles of the condescendence and shall have appended a note of the pleas-in-law of the defender. Implied admissions 9.7. Every statement of fact made by a party shall be answered by every other party, and if such a statement by one party within the knowledge of another party is not denied by that other party, that other party shall be deemed to have admitted that statement of fact. your defence MUST be completed in the prescribed format [IMPORTANT] how to do this is described in chapter 2 of the guidance notes attached dx chapter-9---standard-procedure-in-defended-causes-(2) (1).pdf chapter-03-(actions-lodged-on-or-after-22-september-2015) (1).pdf Guidance on Ordinary Actions cause .pdf
All documents are here: http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... The DCA HAS to state the documents they intend to rely upon within their claim. [box E2] It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen. it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters. they must explain and help the respondent in legal matters use the response form 4a PDF attached to post 2 or 3