Small Claims Summons

[Seymie]

Received Action For Payment Of Money.

This is regarding a debt the factor of my flat alleges to be £1332.80. I was paying my fee via internet banking until i stopped due to a dispute with them and my bank has confirmed i have paid around £700 into their account.

They say i have paid nothing.I have tried several times to resolve this and each time i contact them i am told someone will get back to me and they dont, unfortunately i have no record of this.(if i can find the last solicitors letter i called them the next day).

I would like to dispute the claim and go to court because of the way i have been treated by them.Return Day 24 November 2009.

 

*EDIT*

When i receive proof of payment from my bank do i send a copy to the factor their solicitor and the court, is there anything else i could do ?

 

any advice appreciated.

Edited October 26, 2009 by Seymie

[IdaInFife]

hiya,

 

normally a charge for payment follows a decree??

 

can you scan what you have received deleting any personal info?

[Joemcm35]

You can challenge the Small Claim Summons at the sheriff court on the basis that you are not liable for the debt.

 

You have stated that you have proof from your bank that you have paid £700 of the £1332.80 debt.

 

Check the 'Statement of Claim' (which is within the summons) as this will specify the grounds on which the factor is raising the action. It is possible that the action can be challenged at a court hearing on the basis that the factor is making an erroneous claim for services or work which you are disputing.

 

However, if you are only challenging the amount that is due then the sheriff (at a hearing) may just reduce the amount that is claimed by the factor and the factor will still get a decree.

 

If you are acknowledging that you are due to pay £632.80 then you can apply for a Time to Pay Direction which should be lodged with the sheriff clerk's office by the Return Date. However, if you have the funds to settle the debt then you must make settlement (including legal costs) with the factors solicitor before the return date to avoid decree being granted.

 

Find out if the sheriff court has an In Court Advisor (CAB appointed) who can provide advice. Alternatively,contact a money advisor at a CAB or local council.

 

Check the following link to find a local money advisor:

http://www.moneyadvicescotland.org.u...ind_agency.php

 

The Govan Law Centre has an interesting link on factors charges which can be found under Debt at the following link:

Govan Community Law Centre, Glasgow, Scotland | Free legal resources

Edited October 29, 2009 by Joemcm35