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  1. Hi Does anyone know the cost for summary judgement application. It's over 10k. The fee quoted says the amount if up to 5k. But I can't see one for the amount I will be claiming. Can anyone advise? If not I will ring the court and ask.
  2. Could anybody help by suggesting what reasons a bank as defendant could apply for Strike out and or summary judgement for a court claim issued by a depositor as follows. Claimant opens a fixed term savings account online and deposits by debit card. The bank adds interest and after the term ends, the claimant writes a letter of instruction as the T&Cs require asking for the money back by cheque as the bank can pay by cheque, FPS etc. This is refused, claiming fraud, signatures does not match (bond was opened online so didn't get a signature at the time) etc. What excuses do
  3. Hi I received a claim form last year with regard to an apparent arrow global debt I owe. The debt was bought from a halifax credit card. I did a CCA and CPR request to them straight away. There was then a stay on proceedings while they got the relevant documentation together. They have now submitted a notice of application to get the stay lifted and for summary judgement to be made against me. However they do not appear to attached terms and conditions to the credit agreement, just something entitled 'Key Financial Information'. Please see attached document.
  4. My Daughter has be hassled by Shoosmiths/ARC over an alleged debt with Egg, this started in March 2011 several DCA's have written and to each we have sent a S78 request, and had nothing returned other than a blank 'example' agreement. A couple of years ago Shoosmiths issued court papers to which I filed a defence on her behalf, pointing out that S78 had not been complied with and that a multitude of DCA's and solicitors had written a range of letters alleging debts but for a number of varying amounts. Shoosmiths responded by withdrawing the court application, out off
  5. Ok, new here, so please go easy.... First off after reading some threads here today, i feel ive left this a bit long, but any advice is appreciated and will be taken on board. In December I received a Summary Court Summons for £3006.64. For unpaid shop direct handled by capquest. My Return date is 18th January (this is next week i know, so not a lot of time to decide what i'm gonna do) The original account with shop direct was 2010, and it was passed to capquest in 2012. I'm happy to admit full liability and offer to set up a repayment plan. BUT, if i reca
  6. I moved out of a rented property in Aberdeen on the 15th of September 2016. It was a short assured tenancy for 6 months My landlord did not secure my deposit of £650 in any deposit scheme and only returned part of it (£500). I would like to submit a summary application for the remainder of the deposit and compensation but have only 6 more days to do this as it will soon be 3 months since I moved out. I don't live in Scotland anymore. Is it possible to submit a summary application by post or electronically? moved out of a rented property in Aberdeen on the 15th of S
  7. So I was nightshift last night and woke up this afternoon to a letter from scott and co telling me that a summary warrant has been granted against me for unpaid council tax, thing is I don't have any unpaid council tax. I did have a small amount last year but that was paid off months ago. I called the council in a rage who told me there was no one available to speak to me but that my account was showing as up to date and they couldn't understand how this had happened, i could wait 45 mins (!) on hold or call back later. So I called back later and they have recalled it from the sheriff of
  8. Hi, Hoping someone can explain what this may mean. Today my wife received a transaction summary statement from Santander for an old joint account but what we can't understand is she has been declared bankrupt since June15 and I've been on a TD since Dec14. The statement is on 2 sheets of A4 but it is in black and white and not the typical red we typically received in statements. It also shows the account to be in credit showing nothing other than an opening balance dated 10/15 and the net balance dated 04/16. Of course we'd love to think we had access to t
  9. Howdy all! Long and short of it is, for years I had an account with Abbey National, then changed to Abbey obviously. I went to Uni and had an overdraft with them of about £1500. When I left uni I didn't have the money to pay off the overdraft, but stupidly had my pay put into another basic savings account which eventually Abbey decided to swipe £700 pounds out of to service the other debt which by now had defaulted (I believe). After that I didn't go near Abbey accounts again and set up one elsewhere. The question I have is, the debt hasn't been trans
  10. Hi all Looking for some help with a summary judgment in a civil matter county court. I have been in dispute with a company who has issued a claim for damages totaling £6,000. got the court papers, sent in a defence and got a CMC hearing date. unfortunately i was in hospital 2 days before the CMC and couldn't attend. At the CMC hearing the claimant applied for Summary judgment (in person) he didn't submit an application form or pay a fee. The judge at the CMC hearing granted his application and the Summary judgment hearing happened their and then. The claimant subm
  11. Hi, Great resource and wish I had the knowledge to help as so many of you do. Perhaps they way I can help is tell my story and have the advice here that may help put someone else mind at rest. I have received a summary cause summons from cabot today. Relates to old clydesdale loan. My business went under in 2009 and everything pretty much went to pot. Struggled to pay my bills for a while then the defaults kicked in and had house repossessed after a a few painful years (another story sold cheap so owe the bank still) I have not heard anything on this debt
  12. Hello guys:) Just returned from a long stint overseas and walked into Santander to open a bank account on Wednesday. I stupidly forgot that my account was written off in late 2009 with 490.00 inside. The clerk noticed a closed account and pulled me to one side to confirm the situation and advised it would be wiser not to try and reopen a new account and would be much better off going elsewhere (good of her to be open and honest) Within two days of my visit I have received a Transaction Summary Statement. I've already researched what this letter is used for so issues there. They
  13. Hi I wonder if any one could help I have a credit card with the 'AA', my husband signed up for it at the Dover port, he was going to france for a day trip, this was in May 2004, can I send a CCA request and how has other people been succesful or not. The credit card is owned by BANK OF SCOTLAND GILL5BLUE
  14. I've recently had Court papers sent to me because I made a mistake. I lit a bonfire and didn't make sure it was out before I went to bed. As a consequence, the fire caught again and damaged my neighbours garage. I offered to pay for the damage but my neighbour refused my offer and is now taking me to court. My reason for not paying the claim is that he has repaired the damage but has also used the opportunity to improve the structure e.g a metal roof replacing a plastic roof. His claim is through a solicitor and I have defended it as agr
  15. Hi, I am looking for some advice regarding Edinburgh council tax and Scott and Co and stumbled upon this great site, and after a bit of reading I cant seem to find another post that quite matches my issue. I would like to start by saying I am under no illusion that i am perfect in this situation but I still believe i have been treated unfairly. I am also able to afford the payment, i just disagree with the 10% addition. I will try and give you as much information as possible as briefly as possible... For several years council tax has been paid on our flat a full year at a time to sa
  16. ive got into arrears my own fault and all that just couldn't afford it at the time. got a summary warrant notice this morning phoned the office the guy was quite cheeky and demanded £27 a month said i couldn't realistically afford that i can't even afford gas at the min. told me thats what they/he wants and no less refused to accept any less on a plan and if i can't afford it sheriff officers will be at the door. can they do this? i want to pay it i just cant afford that much. might not be a lot for some people but im in the
  17. A big bank took CCA to recover a debt and applied for summary judgement but lost on the ground that a signed agreement was not available. The question is how long the bank has to issue a full proceedings before it runs out of statutory time limit. There must be a time limit in the law for them to issue a full proceedings after which they cannot take a court action.
  18. Hi There everybody I have two questions to ask; Does anybody know the "Practice Direction" on case summaries ? Does anybody have link, to a case summary template for use in a multitrack claim ? Any advice would be really good. Thanks in advance Tony
  19. Hello everyone, I`m in need of some advice please! I was sacked yesterday at a disciplinary hearing at my work place, I was given a summary dismissal for gross misconduct. Before the disciplinary hearing I was suspended with pay for two weeks. As I was fired do I still get paid for the two weeks I was suspended? I know that I will be paid for outstanding holidays I have accrued and I am not entitled to "notice pay". Also what is notice pay? Thanks, Confused kid
  20. Hi I am being pursued for a credit card debt. I put in a holding defence based on lack of agreement and charges added to the debt. The creditor did not follow through with the action and the case was stayed. Six months down the line the creditor has now applied for a lifting of the stay and summary judgment. A hearing has been arranged for December. As part of my original defence, I asked for the creditor to supply statements of account, documents like the default notice and copy of agreement. They have not complied so it is difficult to comply a proper defence. Can I appl
  21. Hi, I will describe my situation as fully as possible, hopefully someone will be able to help me make sense of this! Today I received a notification that a summary warrant has been granted against me with regards to council tax. Myself and a partner (we are both full-time students) moved into the rented property 5 months ago, in that time we heard nothing from the council regarding council tax until the notification of summary warrant was received. The amount due to the council is for a full year, with the addition of a penalty charge. The notification of summary warra
  22. Hi There Apologies to ask and I normally keep everything but I am unable to find my policy summary for a MPPI i have had on a mortgage with Halifax since 2003. Would anyone be able to help me and let me have either a copy of the booklet or the policy summary. Many thanks in advance.
  23. A Summary judgement was obtained against my son in the sum of £130,000 by an energy company . they have issed these bills saying that My son was responsible backdating 5 years of electricity as they think my son was unable to sublet his premise therefore they now deem him responsible from 2005 to 2010. They have already been paid for a lot of this electricity by various third parties whom technically my son leased the premises too. Further more my son was threatened by his father to have the lease in his name. The lease also had an asignment to it which added on anot
  24. Hi, I’m new to this forum and seeking advice for a friend. I am not a lawyer, but ran a housing advice service for some years so have a smattering of legal knowledge, which is why he turned to me for help. I apologise for the length of this post, but it made sense to me to set it all out as fully as possible. In July, my friend, a gifted craftsman, received a ‘Letter Before Claim’ from a business rival. In 1998, my friend had bought a few items from this man - reproductions of original Arts & Crafts pieces. He bought these for his own personal enjoyment, but is now being accused
  25. Here's the chronology 1) Claim received - two card debts rolled into one 2) Returned a defence of statute barred 3) Cabot wish to continue, transfer of proceedings 4) Send CPR 31.14 Request, as I am keen to see some documentation 5) No reply to CPR request from Cabot 6) Cabot send over copy of their completed Allocation questionnaire - they would like to try and settle, requesting one month stay, in the reason box they state " the claimant shall endeavour to provide advance disclosure following which mediation may be appropriate" 7) I post my allocation questionnaire - not loo
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