Nolans/Lloyds lodge incidental application - ** Case Dismissed **

[Camble]

Can someone please shed some light on this?

 

I've previously lodged an incidental application to have this case sisted, but was instructed to file a defence.

 

 

A date for proof was set, but now it seems that the pursuer are trying to discredit me (again, and moreso),

but still fail to present any evidence to support their claim.

 

I took delivery of this summons tonight, and the hearing on incidental application is tomorrow at 10am. Is there even any point in attending?

[Guest]

Is there even any point in attending?

 

 

not too familiar with scots procedure, but generally, usually always better to attend a hearing than not if poss.

[Camble]

My thoughts, yes. But very short notice. They have shown literally no evidence to support their claim, and have tried at every opportunity to get decree by discrediting me. Claiming I did not submit a defense and saying I'm being contradictory or disingenuous.

[Camble]

..

Edited April 8, 2015 by Camble

[maroondevo52]

Hi,

 

If you do not attend it's more than likely you will get a judgement against you, I can't see how they can say you did not submit a defense when you say you did.

 

I'm sorry this is not something I'm totally clued up on.

 

There's a thread here that may help...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?180427-rrfcfan-in-court-with-WF-All-on-again

[citizenB]

Looks like you should definitely turn up

 

 

The incidental application should be taken or sent to the sheriff clerk.

 

The sheriff clerk will then fix a date for parties to be heard on the application. If the person making the application is a private individual or sole trader, and not represented by a solicitor, the sheriff clerk will send a copy of the application to the other party.

 

At least two days’ notice of the date fixed for the hearing of the application must be given to the other party. If the party receiving the application then tells the court they are not opposing it, the application will not have to call in court. The sheriff will decide the matter on the day set down for the hearing, and no attendance by the parties will be required.

 

If the party receiving the application intends to oppose it, (or fails to tell the court that they do not intend to oppose it) the case will call in court. The sheriff will hear those parties who attend on the application and decide the matter. Therefore it is essential that the party making the application appears or is represented at court on the date fixed to hear it.

 

If the party against whom the application is made does not appear, the court may grant the application in their absence.

 

This might be too late.

 

Would you please let us know how you get on ?

[Camble]

Thanks for the replies. I attended and opposed the incidental application and the request for continuation was rejected as it was clear my defense was on paper in front of the sheriff. So the case is back to the original proof date.

[citizenB]

Oh that is good news. Thank you for updating your thread

[Guest]

[maroondevo52]

Any news on how things went Camble.

[Camble]

Any news on how things went Camble.

 

I attended the incidental hearing. Their request was rejected as I had done everything which was asked of me.

 

I eventually won and the case was dismissed. Thanks for asking

[citizenB]

Excellent news - I will amend your thread title to reflect the outcome

[maroondevo52]

I attended the incidental hearing. Their request was rejected as I had done everything which was asked of me.

 

I eventually won and the case was dismissed. Thanks for asking

 

Good stuff, well done thanks for letting us know