Court Action Time Limits?

[wotsundermykilt]

I have got a couple of claims ready to go to the court with forms 1 & 1B. Does anyone know if there is a time limit for putting your claim to the court after you have completed all the stages like LBA for example? I just do not have the money right now to pay the fee's at court but will have in a couple of weeks. Do i have to start all over again because I never stuck to the dates ie: if i do not hear from you within 14 days I will commence court action against you?

Mike

[MARTIN3030]

There are many who find the court fees a burden so dont think that you are alone.

Court managers have discretion to waive the fee altogether or have you make a contribution.

There is general guidance in the leaflet EX160 which is there as a guide.

You can claim some exemption if you can show that it would cause you undue hardship to pay the full cost/part cost.

For moneyclaims on line the discounts do not apply.

 

The banks have in general taken it upon themselves to allow 8 weeks as a reasonable period to consider a matter closed if there is no contact.

That is not to say that if there IS contact from you within that period and you dont state your intentions to follow through with your actions,they would not dispute your arguement to proceed.

 

120 quid is still a lot for many people to fork out without any quick redress,however good luck I hope you are in a position to do this sooner rather than later.

BTW I have heard of some nice court staff allowing for the payment to be made later.........but again its completely discretionary by the court concerned.

[wotsundermykilt]

Thanks for your help by the way. It has been a month since the LBA date passed but I will as I say start it all rolling in the next week or so. On one account that I am claiming from the y have not bothered to send me letters or anything but I have signitures from bank staff accepting the LBA's at the local branch here in Scotland so hopefully won't get any bother. Thanks again

[MARTIN3030]

Well done Mike.

One suggestion is to send off a letter (recorded)

Just a brief one will do. example below;

 

Account No etc...........

 

Dear Sir/Madam,

 

Following my letter before action of ........I am very disappointed to note you have not replied/are unable to consider to refund the charges taken from my account. (whichever is app )

 

I beleive I have given you every opportunity to resolve with without the need to proceed to the County/Sherriffs Court.

 

Therefore please be advised that I shall now be instigating legal proceedings for the recovery of the charges,a shedule of which I have previously sent to you without further notice.

 

This action will undoubtably include costs to yourselves plus a claim for interest at the stat rate.

 

There will be no further correspondence on this matter from myself.

 

 

Yours Faithfully

 

 

 

 

 

This would effectively start their clock ticking for another 8 weeks,even if you are going to file in the next week or so It would remind them you are not bottling.

[MARTIN3030]

Schedule

 

 

[wotsundermykilt]

Thanks Martin you have been a great help. not sure what you meant by schedule in your other post but nevertheless you have been helpful.thanks again

Mike

[MARTIN3030]

Mike I was just correcting my spelling !!!