I've attended 4 more hearing dates which ultimately ended up with the pursuers accepting my disputed amount. Now, they have obviously asked for decree for this amount. However, the sheriff asked whether I was always willing to pay this amount before the case was brought to court and was the pursuers told this. I said yes and I had wrote to the pursuers. The pursuers stated they had no knowledge of that. So, the sheriff has given me 2 weeks to supply a copy of the letter. My question is, can I put forward any other argument except the copy of the letter?

Hearing date was Friday. They had approx half the evidence, required more time. I explained to the sheriff 8 weeks was ample enough. However, sheriff has given them another 4 weeks. So annoying and another waste of a day.

Still no reply yet on the evidence. If it's still the case when I attend the hearing would it be o.k to suggest a decree of absolvitor to the sheriff. Looking at the guidance, even if I get dismissal they can still raise the claim again.

That would be an ideal outcome but very much doubt that'll happen. The waiting is the difficult part. Once you get up there and talking it's not too bad. Although, when I went to write down the next hearing date my hand was shaking so defo know how you feel.

Attended court today. Actually quite a painless process. This might be interesting for others who have to attend: The setup looked very formal and a little intimidating. The sheriff sat at the back of the court, obviously higher than than the rest of us. With 1 person, who seemed to be chairing the process in front of the sheriff. In front of them was a large table with approx 8 people round it. They mostly wore black ropes so I assume persuers solicitors. The chair calls the case and you step forward. Anyway, in my case, basically explained to the sheriff I'd asked for documents and I hadn't received a reply. The persuer said they'd no knowledge of this and I explained recorded delivery which had been signed for. Sheriff took about 5 minutes to decide and gave them 4 weeks to supply the evidence and set a new date.

Rory32, excellent as usual.

Yes. Goldlady, I would. I think that would be fair and reasonable for both parties.

Thanks for that. Got hold of one. Got the contract terms. When I signed the initial course registration form is states: "If I am admitted to the course I undertake to observe the regulations and to ensure payment of fees and other liabilities." The regulations relating to withdrawl from the course states: "In the event of students withdrawing themselves from a programme of study, they must advise the Course Administrator in writing to this effect, stating the last date of attendance. 1. Withdrawal before 15th February – no fee due 2. Withdrawal between 16th February and 8th March – 50% fees due 3. Withdrawal after 8th March – full fees due. " Problem is, I didn't send my withdrawl letter recorded. Therefore, no evidence, other than my last attendence being before 08 March. What's the best way to put that to the court. Assume it would have nothing to do with the Unfair Terms in Consumer Contracts Regulations.

Quick update and question.I've disputed the amount and a Hearing date is set for this Friday.So, pulling together a basic hearing bundle. Once the the amount has been decided, I'll need to apply for a Time to Pay offer.Is there a spreadsheet template with incomings - outgoings about. I'm sure I stumbled across one a while back. Can't seem to find it now.

Nice one, cheers rory32. Unfortunately, I'll probably have more questions when a reply has been received.

What about this: Dear Sirs Regarding: Incidental Application. Small Claims Summons Number: Date of Next Hearing: The defender seeks an order for commission and diligence, on recovery of the following documents from, . An itemised breakdown of the total sum sued. The signed contract for the supply of goods and services of ‘Tuition’. The defender’s record of attendance for the during of the contract. Your Sincerely

Apologies rory32, never spotted the 'see chapter 17' part. Even though you made it perfectly clear. Is there any particular wording or layout I should use when making an incidental application.

Thanks for that, extremely helpful. A lot of reading and [a lot] to digest. Few things I'm not clear on though. I want to admit liability but, as I stated before, want a breakdown on the costs and my attendance record. When that's clarified make a time to pay offer. So, what would be the best way to approach this. Would I dispute the claim and attend court. If so, would I ask for the contract, costs and attendance information then make a time to pay offer, all on the hearing date.

I'll keep this brief and to the point. Received a Citation of Summons regarding tuition fees from a learning provider. Couple of points I'd like clarification on: 1. There is a total amount, which of course is the sum sued for. However, can I ask, and obtain a breakdown of this total. 2. As I never fully completed the course, am I able to argue a pro-rata fee, based on my attendance record. I note there is the option to DEPUTE THE CLAIM and attend court, which I assume is what I'll be doing. Some points on the process, what evidence I need to supply etc.. would be extremely helpful. Don't know about anyone else but when you see sheriff officers and court summons you do start to panic quite a bit.

robbinway I initially had the same problem for a few months. Any correspondence I got I just forwarded straight to the Trustee. Any phone calls, I briefly explained the position and gave them the Accountant's details. Took a while but they eventually got the message. If you're protected then it's all good. u20sr