Court claim Scotland after successful section 75

Gin24

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Joined: Apr 2024

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Court claim Scotland after successful section 75

23rd April 2024, 18:39:PM

Hi, just received a Simple Procedure Claim from local sheriff office in Scotland.

Company that supplied us with Doors over 4 years ago has brought a claim against us looking for payment of the doors. To explain further we paid the supplier for the doors but found defects and raised a section 75 claim with our CC company, the CC company found in our favour and we got our money back through the section 75.

Surely the supplier can't now take us to court?

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atticus

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Joined: Mar 2022

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24th April 2024, 18:32:PM

It can; you will have to prove its breach of contract, as you did with the s75 claim.

Are you still using those doors?

Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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SHORTCUTS

First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire

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NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Court claim Scotland after successful section 75