Due in court tomorrow any tips

[vitalspark]

Hi, I am due in court in the morning to defend a case for a personal loan.

 

I have had the agreement looked over by a solicitor and drafted our defense. I am claiming the loan is un enforceable due to non compliance with the consumer credit act.

 

Does anyone know what the process is. (Scottish Court)

 

This is the options hearing.

 

Regards

 

Vitalspark

[rory32]

Does anyone know what the process is. (Scottish Court)

 

This is the options hearing.

Is this an ordinary cause claim?

[vitalspark]

Yes

 

I missed the first which was extended till today.

 

The pursuer is going for not enough evidence to support claim.

 

I have since filed another defence with help of an english law firm who speciliase in consumer credit act. They cant help with teh scottish courts.

[rory32]

You need a Scottish solicitor rather than an English one. Ordinary cause actions are quite complicated and you need to argue your corner correctly and that means wording your defence correctly.

 

Out of interest why did you engage an English solicitor?

 

The purpose of the options hearing is for the sheriff to decide what is to happen to the case. There are a number of possibilities. The most common ones are as follows:

 

The sheriff ‘closes the record’. This means that he or she finalises the written pleadings stage and the pursuer (you) is then obliged to produce a new document called the ‘closed record’. The sheriff may then fix a ‘proof’ or ‘proof before answer’ at which all the evidence will be heard followed by submissions. The basic procedure is along the lines of the hearing on evidence in the small claims procedure, but it is much more formal and complicated. The sheriff takes less of an active role than in the Small Claims or Summary Cause procedure. Following a proof or proof before answer, the sheriff may give his or her decision immediately, but will usually give the decision later in writing (this is called ‘making avizandum’).

 

 

 

The sheriff fixes a ‘debate’. At a debate, there is no evidence heard. Instead, the parties make submissions about whether the case makes sense legally and factually on paper. Following the debate, the sheriff may dismiss the action, grant the Orders sought, allow the pursuer and defender more time to adjust their written caseor fix a proof or proof before answer.

 

 

The Sheriff continues the Options Hearing for a period of 4 weeks to allow, for example, the parties to negotiate a settlement, or to give the pursuer or defender more time to adjust their written case. In that event a further Options Hearing is fixed, the court will advise the pursuer and defender of the date of that hearing.

 

 

During the course of the case, either side may want to make application to the court to do various things. This is done by making a written motion or minute to the court.

[IdaInFife]

How did you get on vital?

 

 

Ida x