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Oppose Or Not - pursuer has just filed an incidental application


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I am a defendant in a small claims case,

the pursuer has just filed an incidental application due to their main witness being too ill to attend the upcoming hearing.

 

From the letter I received it states

' ##### for the pursuers respectfully moves the court to discharge the full small claim hearing assigned for #### and assign a fresh diet for a small claim hearing owing to the ill health of one of the pursuers witnesses.

 

This witness was employed by the company pursuing me.

This witness completed documetation in their role as an employee which I believe is incorrect.

 

I received this documentation 2 weeks before initial hearing which was adjourned due to lack of sheriffs available on the day. I was looking forward to cross examing this 'evidence/documentation' and witness.

Should I oppose the incidental hearing?

 

I assume the pursuer will still have this documentation as part of their evidence, but no witness and may ask for some written statement from this witness in their absence.

 

I am unsure of what to do with this.

 

Any help most appreciated,

 

 

I am in Scotland if there are any tips from anyone.

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as this appears to be something important to your case?

I would agree unless it will unduly harm you in anyway to allow this to drag on?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

would be nice if you took the trouble to update cag upon your thread...we helped you ...now help us...

 

many members helped you get help

 

cag relies upon resolution to threads so others like you can find and read about how to solve their like issues...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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