URGENT: Defending an Ordinary Cause Action.

[MisterEmm]

Briefly, - I have been taken to court in an ordinary action. My case is remarkably similar to one in another thread by someone called 'GLW'. However - I couldn't access any kind of legal help and have been forced to try and defend the case on my own.

 

I am at the stage where I face an options hearing tomorrow. I some quick and urgent questions.

 

 

1) The pursuers didn't post their FIRST note of adjustments or inventory of productions until the very last day. Like GLW their initial write was based on utter tripe and their adjusted writ is still a bit 'wrong' - I have put a note in with my rule 22 note asking for a further period of adjustments.

 

2) Just phoned the sheriff court who tell me that (as I suspected) I SHOULD have got a copy of the record from the pursuer - I haven't! Though the court confirm it WAS lodged wih them...

 

3) In the meantime I applied for DAS - Pursuers solicitors have been told this and I am on the 'protected' register... still looks like they're going ahead with the action though.

 

 

REALLY panicing now as I've never been to court in my life - don't know what to expect really...

 

Question I have just now is DOES the fact I've not been sent a copy of the record give me any leverage - if so how do I use it?

 

Basically I'm with GLW in that I feel CPUTR is being breached in bringing the action; my main agenda is resisting them loading the debt with costs. - like GLW I challenged them for proof of their claims but to date have none. I only 'folded' and went for DAS because I feel bullied into capitulating due to the court action

[IdaInFife]

when did you apply for DAS? - as when you apply this gives you 6 weeks period to get everything sorted and to hold any legal action.

 

 

Has you admin for DAS sent the relevant docs to the persuer?

[MisterEmm]

Yes they have... The Solicitors were also sent a copy of the letter from DAS immediately I had it; two in fact! - One by recorded delivery. Legal action rolled on regardless...

 

Was advised not to attend the options hearing (not entirely convinced of the wisdom of this) ; DAS admin was in contact with pursuer's solicitors, awaiting outcome.

[IdaInFife]

I would be honest and say that i would rather be at that court tomorrow than not -

 

I am assuming you have sent the court an Incidental application regarding DAS?

[MisterEmm]

Too late Ida... Hearing was yesterday. Didn't have the knowledge to make the application. I understand from the DAS admin that the other side's Solicitors were looking for a continuation. Didn't attend, don't know the outcome, DAS admin seems to think it makes no practical difference though.

[IdaInFife]

sorry i did not realise your inital post was 23rd.

 

Your admin seems to have a lot of trust in the persuers.

 

You can call the court and ask what happened yesterday

[MisterEmm]

May well do... Dare say I'll find out in due course anyway. DAS admin seems to see the outcome as 'academic' either way. The DAS is 'in the wash' anyway, obviously credit rating is trashed; but problem is 'ring fenced'... Might be a case of 'pick your battles'... I have another (entirely legal) angle to tackle these chancers with; but I'll keep that powder dry...

 

The advice not to attend came from another professional source - not the DAS admin who offered no opinion on the matter; but DID contact the pursuer.