Clydesdale CC issue Summons but now live abroad

[olrac123]

Hello and thanks for the input. When you say "any half decent lawyer should be able to win" that confuses me. can you clarify that sentence? I dont want them to win if you get my drift; I want them to cancel the action based on the fact there is no jursidiction in the Scottish court to hear the case.

 

Would I need to contact the Clydesdale lawyers and attempt to convince them to drop the action, or is this something that happens through the court?

 

Many thanks for the suport here....

 

Cheers,

David

[mystery1]

Hello and thanks for the input. When you say "any half decent lawyer should be able to win" that confuses me. can you clarify that sentence? I dont want them to win if you get my drift; I want them to cancel the action based on the fact there is no jursidiction in the Scottish court to hear the case.

 

Would I need to contact the Clydesdale lawyers and attempt to convince them to drop the action, or is this something that happens through the court?

 

Many thanks for the suport here....

 

Cheers,

David

 

I assume that as you are abroad you'll need to use a lawyer to defend and they will win for you.

 

If you contact the banks lawyers they may see sense and drop it but it has to be dropped via court as they have started proceedings.

 

M1

[olrac123]

OK now I understand. My standpoint is that I should not be forced into a position of defence in a court that has no jurisdiction to hear any argument for or against the action raised by the Clydesdales bank. This would only waste court time and I would have several hundred pounds cost on lawyers consultancy fees to defend a case that has no place in a Scottish court.

 

I need to find the mechanism that more or less triggers the court to say we cannot sit on this case as we have no jurisdiction to hear it- all this prior to spending cash. I don't mind spending the 80 pounds, but really baulk at getting lawyers involved at a greater expense.

 

PS - I have lived abroad for the past 11 months.

 

Many thanks,

 

David

[mystery1]

OK now I understand. My standpoint is that I should not be forced into a position of defence in a court that has no jurisdiction to hear any argument for or against the action raised by the Clydesdales bank. This would only waste court time and I would have several hundred pounds cost on lawyers consultancy fees to defend a case that has no place in a Scottish court.

 

I need to find the mechanism that more or less triggers the court to say we cannot sit on this case as we have no jurisdiction to hear it- all this prior to spending cash. I don't mind spending the 80 pounds, but really baulk at getting lawyers involved at a greater expense.

 

PS - I have lived abroad for the past 11 months.

 

Many thanks,

 

David

 

Idealisms won't help you. They have started the court action and you now have to go with the flow.

 

Best option, you contact their lawyer, point out your solid defence and they drop it. (send you a joint motion to dismiss and you don't need a lawyer or attendance)

 

Otherwise you need to pay £80 to defend and use lack of jurisdiction as your defence. Perhaps you could get no win no fee ? (you'd still need to pay the £80)

 

For £12k it will be an ordinary action with no limits on costs (unless you claim £1000000 on ink or something equally stupid). It really doesn't sound like it'll cost much although i guess that's relative. Against the debt it'll be very little but if you'reliving hand to mouth it's a lot.

 

M1

[olrac123]

Hello- how does a joint motion to dismiss actually work? The word "joint" implies a level of cooperation between myself and the Clydesdale lawyers and this seems strange in the circumstances.....

 

Thanks,

 

David

[mystery1]

Hello- how does a joint motion to dismiss actually work? The word "joint" implies a level of cooperation between myself and the Clydesdale lawyers and this seems strange in the circumstances.....

 

Thanks,

 

David

 

A joint motion is when 2 parties agree to proceed in a certain way. In your case this would mean agreement to dismiss and they'd probably include a phrase that means you won't get costs or won't pursue cost in the future.

 

They could lodge the motion without it being joint since they really don't need you to get this particular motion through since really you have no costs or investment in the case other than being the defendant.

 

Joint is also quicker since there would be no need to ask if there is any opposition and it's just a case of the Sheriff rubber stamping it.

 

M1

[olrac123]

Ok - getting the hang of this. Can you describe the flow of actions to be taken? Do I still complete the court papers to defend the action and send off with the 80 pounds payment or do I go straight to the Clydesdale lawyers for this joint motion of dismissal? If the latter, how do I convince them I am not a UK resident? If the former, what would the court need to see as proof?

 

Thanks.....

[mystery1]

Ok - getting the hang of this. Can you describe the flow of actions to be taken? Do I still complete the court papers to defend the action and send off with the 80 pounds payment or do I go straight to the Clydesdale lawyers for this joint motion of dismissal? If the latter, how do I convince them I am not a UK resident? If the former, what would the court need to see as proof?

 

Thanks.....

 

 

It varies depending on circumstances.

 

However from my take on what you appear to want, i would find out the Clydesdale lawyers telephone number and speak to them. Explain that you live abroad and have done for awhile. They may be sceptical and ask for proof, especially if you are still on the electoral roll. They will either agree and lodge a motion (may or may not be joint) or they will bury their heads in the sand and continue. Either way do not let them go passed the deadline for defending the action without indicating you will defend to the court (paying £80). If they do agree to dismiss phone the Sheriff clerk to confirm and get confirmation from the lawyers asap (email is fine).

 

If you lodge your intent to defend paying £80, then make sure you get it back from Clydesdale if they agree to dismiss afterwards. If they go to court and lose (why wouldn't they lose ?) you will be awarded costs.

 

M1

[BRIGADIER2JCS]

subbing

[olrac123]

Hi- ok I will phone the lawyers this morning and see which way they go. Wil keep you updated.

 

Many thanks,

 

David

[olrac123]

Phoned the Clydesdale lawyers who stated that as the Sheriff officers had already served the papers the court action would continue. So therefore I must defend it. Do I state in a written explanation to to the court that as I have lived abroad for the past 11 months they do not have jurisdiction or do I just submit the Form for defence and include the 80 pounds payment? Would I provide proof of French residence at this point or wait until this is called for?

 

As the Clydesdale cannot win this one, what are the consequences for them when the case is thrown out?

 

Thanks,

 

David

[BRIGADIER2JCS]

Hi David, I'm not very familiar with Scottish Law, might I suggest taking professional advice,

on the defence, as you don't want a judgement by default entered.

Brig

[olrac123]

Hi Brig,

 

There lies the problem. I would need to source a Scottish lawyer, go through the case with them and then there are costs to defend an action that should not even be heard. I am not planning to travel to the UK to defend this in person either. Basically I need to submit enough evidence to the court that convinces the sheriff to stop the proceedings dead.

 

I really do not want to be sucked into paying lawyers for something that is cut and dried as this. Is there a "free" consultation in Scotland that I can approach?

 

I am going to submit the defence paperwork, pay the 80 pounds and also submit a statement of the facts. Hopefully that should at least trigger an attempt by the court to investigate further the fact that they do not have jurisdiction to sit on this one.

 

If anyone can suggest a better route I am all ears.......

 

Cheers;

David

[BRIGADIER2JCS]

Hi david I'll bump this perhaps a member of the site team will have some ideas.

Brig.

[olrac123]

Many thanks....

[mystery1]

Hi Brig,

 

There lies the problem. I would need to source a Scottish lawyer, go through the case with them and then there are costs to defend an action that should not even be heard. I am not planning to travel to the UK to defend this in person either. Basically I need to submit enough evidence to the court that convinces the sheriff to stop the proceedings dead.

 

I really do not want to be sucked into paying lawyers for something that is cut and dried as this. Is there a "free" consultation in Scotland that I can approach?

 

I am going to submit the defence paperwork, pay the 80 pounds and also submit a statement of the facts. Hopefully that should at least trigger an attempt by the court to investigate further the fact that they do not have jurisdiction to sit on this one.

 

If anyone can suggest a better route I am all ears.......

 

Cheers;

David

 

Pity the easy way didn't work.

 

You need to file form 07 and pay the £80. You will then get form G5 from the court which is effectively a timetable. It will give a date for the last lodging of defences 14 days is the norm. A date for the last adjustments and a date for the options hearing.

 

You should include the relevant plea in law with your first defence as doing it during adjustments could indicate that you accept jurisdiction.

 

At the options hearing you ask for a debate to be fixed and then you kill them off. Both the options hearing and debate will require you or a lawyer to represent you and you will claim costs for this.

 

Sending a letter to the court is a waste of time. They do not investigate. They make decisions based on representations of evidence and case law made during hearings.

 

M1

[olrac123]

Hi M1_ done exactly as you have said. Now I will await the paperwork to arrive here and then it is on and upwards. Thanks for the guidance here it is very useful....

 

Cheers,

David

[olrac123]

Hello All,

 

The date of the court hearing has now passed but due to a recent operation on my knee I was not able to attend. I have not received any paperwork updates from the court or from the Clydesdale. If they have been succesfull in their court case where would I be able to check if they have an open decree against me?

Many thanks

[cerberusalert]

You can check on-line at http://www.trustonline.org.uk/ which costs £8.

[mystery1]

Check with the court for free. If you have the court ref they'll usually help.

 

M1

[olrac123]

Hello -this will only show small claims decrees? Am I right? (the website listed above) I am dealing with a larger claim of 12K which is disputed. Where would a granted decree show up for that amount?

Thanks!

[cerberusalert]

I've just realised, the Trust site only covers England & Wales. You may find it here; http://www.scotcourts.gov.uk/opinionsApp/index.asp

[olrac123]

Hello -I have put in the details of the court reference, the pursuant, and my name. nothing comes up. However there is a open decree awarded against me in favour of the RBS (2008) and this does not show either -so still puzzled...

[olrac123]

bump...

[mystery1]

Phone the court in which your case was heard and ask the sheriff clerks office.

 

M1