Summons - Wrong address - Return date tomorrow

[awic]

Hi All,

I have received a summons to appear at the Sheriff court in relation to a small claims case.

The pursuer is the factor of a flat which I own, and they are suing for back payment of management and maintenance fees.

The main problem is, that I have only just received the summons, and the return date is tomorrow (13th). The summons was delivered to my father's previous address, was eventually passed onto him, and he passed it to me. I have never lived at or had any connection with this address, and I have no idea how they got it. I had no knowledge that this action was being raised prior to this.

I don't understand how they've arrived at the sum they're suing for, and the statements alongside the summons don't add up to the total sum.

My first thought was to phone the factor and explain this to them, and ask that the case be postponed, but I imagine they would much rather let it go ahead and are unlikely to do me any favours.

Can anyone offer any advice on this ?

[maroondevo52]

Hi,

 

Phone the Sheriff Court, the clerk will tell you what the score is.

 

Regards.

 

Scott.

[awic]

Are they likely to postpone ?

Is there anything I should say to increase the chances of this ?

[maroondevo52]

Hi,

 

Just explain what has happened as you have in your 1st post, the sheriff's clerk will tell you what to do, let us know how you get on.

 

It's very important that you deal with the papers that the court sends you by the deadline given. If you don't deal with the papers, a court order can be made against you. If this happens, you might have to pay back all the money claimed unless you can recall the court order.

Edited January 12, 2012 by maroondevo52

[awic]

Hi,

I called the court and explained. They said I need to have the paperwork in by tomorrow, there is no way to postpone the heating, or the return date. I told her I didnt understand the sum being sued for, and she said to telephone the factor and ask them to explain.

Does this sound right ?

Surely they understand I need time to look at this.

[IdaInFife]

No it's not right, You can requiest to sist the case for x amount of days this can be donw by sending in an incedental application - do this on Monday as this can be done at any stage.

 

INCIDENTAL APPLICATION

 

Sheriff Court: name of court

 

Summary Cause Summons Number: summons number

 

Date of Next Hearing:

 

(Their name) Pursuer against (your name) Defender

(address) (address)

 

The defender requests the above case is temporarily sisted.

 

The defender did not receive the above summons until xx/xx/xxxx due to the summons being sent to a wrong address and the recipitant had then forwared the summons to the defender.

 

The defender also seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The documents requested to be recovered are listed below'

 

A full breakdown of the account including all fees, charges , interest and also any payments received.

A copy of the inital factor contract.

anything else you can think of

 

 

This allows you to ask the court for more time

 

 

xxx sherriff cout you fil in the xxxx with the actual name of the court

 

either hand this in on Monday or send via special delivery

[IdaInFife]

Also send this to the factor

 

n the XXXX Sheriff Court

Pursuer -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear Sirs

 

REQUEST FOR INFORMATION

 

I have today received a court claim from your firm as referenced above. In order to file a defence and counter claim I require some further information from you. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below.

 

I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim.

 

and just put a list here of what you need - send this by sepical delivery as well

 

Spell check it lol

 

also check online with royal mail when delivered and print off the delivery confirmation and signature and keep a copy of each of the above for yourself

 

 

[awic]

Hi Ida,

That's excellent, thank you !

I had been on the verge of paying this without even knowing what most of it is for.

I'll get onto that right away and send it special delivery on Monday.

Really annoyed now that the clerk told me there was no way to postpone either the return

or hearing date, which seems to have been lies. She told me the only way to stop it going to court

on the given date, was to pay the total sum, even if I offered to pay it up, the court would have

to consider this.

I'll update this thread when there's anything to add.

Thank you.

[IdaInFife]

[awic]

Hi,

I sent the incidental application to the court, and the request for information to the pursuers on the 16th. I haven't heard anything back, and since the hearing date is only a few days away I called the court to ask if they'd received it (which I know they had as the letter was signed for).

The person I spoke to in the clerks office said I cannot apply to have the case postponed, it is undefended and it will go ahead, and I'll have an order granted against me. I again explained the whole situation, the summons arriving on the 12th, my not knowing what the sum is for. He said the only thing I can do is call the pursuer and ask them to explain it to me, and ask them to continue the case.

I don't believe for a minute that the pursuer is going to do anything to postpone the hearing when at this stage it's practically a forgone conclusion, and they will be in a much stronger position once the order is granted.

At this stage, I think I have no option other than to pay this sum to avoid having a court order granted against me, although I'm extremely loathed to do so when so far no one can give me a breakdown of the total.

How can the court possibly expect me to rely on the people suing me, to help me out.

It's ludicrous.

[IdaInFife]

Hiya,

 

Sorry I haven't been online.

 

Have you heard anything?