Particulars of Claim Scotland

[gomadnomad]

It should be noted that the particulars of claims should be slightly different in Scotland from those in the library pertaining to England. Contrary to the particulars of claim here and on the Govan Law school site you cannot ask for 'a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable' as a declaration is not available through a small claims action.

 

Do not put this on your form 1 or statement of claim or they will send you away to amend it. It's pain as this is really the most important deterant for the banks to stay out of court Unfortunatly here in Scotland you'll just have to settle for getting your cash back with 8% interest. Do any of the moderators think this weakens our position at all?

[richardc]

Have you told the Govan Law School? They are far more expert in Scottish Law than we are

[gomadnomad]

I'll let them know. It jusy feel like telling your Gran how to suck eggs!

[richardc]

Don't be shy. All input is useful - if you are wrong they'll tell you why. If we don't ask questions, we never learn anything.

[gomadnomad]

This topic was closed on 03/06/19.

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