bones11 versus nationwide scotland

[Bones11]

Hi all.

 

A wee bit of advice pleeaase.

 

I have filed a summary cause action against my local branch for 1100 pounds. Paid my 39 quid to the sherrif clerk and recieved my documents back in the post today with a return date. The letter however says:

Dear Mr *****

 

Yourself v Nationwide Building Society

 

I Refer To the above action and confirm that the summons has been warranted and is attached. You must now arrange to have this served on the Defender either by Sheriff Officer or Solicitor.

 

Please contact this office on the Monday after the return date to check for a form of response by the defender. All relevant paperwork including excecution of servive on the defender must be returned to the court 2 days prior to the hearing date. A form 11 is enclosed for your use.

 

List of local sheriff officers offices blah blah

 

My question is this "what are they on about":confused: and what is form 11 cause there aint one enclosed!!!!! Does a hearing date come later???

 

Clarification of my next step would be very helpful

 

thanks all:D

[pict]

Bones11,

Hi within the letter there will be a list of sheriff officers that you can use to serve the summons. There will be a charge (about £30) but you will get this back if you win as part of your expenses.

The rest of your question should be answered in here :

Summary Cause Guidance Notes

Hope this helps..

[texel]

what I think has happened someone has got a bit confused which is quite easy to do. Anyway what happens you file a sumary clause you get the sheriff officer to deliver it. Then on the day after the return day you get in touch with the court small claims dept. and find out of they have heard from whoever you are sueing. if not then you file aform 11 which is self explanitry. ( you can get all the forms by going to www.scotscourt.gov.uk) then you get sheriff court forms and you down load what you want. You can always phone the small claims dept of the court and they will tell you what to do. Hope this helps

[Bones11]

Hi thanks for your help and guidance

 

Thought id update u on my progress.

 

As the rules differ slightly in scotland it was neccesary to pursue my local branch. I also decided a summary cause would be more appropriate because the sum exceeded the amount that could be claimed in a Small claims action.

 

I took the papers to the local sherriff court( who, by the way, were VERY helpful) and paid the 39 pounds . The papers were returned to me and had to be served officialy on my local branch who were also very helpful and understanding (no threats of accounts closure) they were of the opinion that it was an issue for head office. A visit to the Sherriffs officer and 16 pounds later my work was done. Low and behold the 821 quid plus interest and costs appeared in my account 6 weeks later on the afternoon of Return Date. "yippeeee"

 

Note to all- follow the instructions and ask for guidance when you need there is light at the tunnel and a taste of the kinda satisfaction that can only be attained with a middle finger too 'THE MAN'. Power to the people

 

good luck and remember its your money