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How many LBAs are reasonable before a SCC Claim

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  • How many LBAs are reasonable before a SCC Claim

    Hi. I recently received a LBA relating to alleged monies owed during the year to this April. I have prepared a response & counterclaim but not sent as yet - still in time. Today, I received an email saying I will receive more information 'as & when'. I presume this indicates increasing the claim, as the matter is investigated, i.e. maybe looking at the previous year. I was under the impression that when issueing a LBA it should be for the whole claim when fully investigated. Can this go on with sending several LBAs over time before submitting a SCC Claim - if it does, should the claimant submit & pay the appropriate fee for each LBA. TIA
    Tags: None

  • #2
    Hi.
    I did not get a response to the above.
    I would appreciate a view.
    If a claimant believes he is entitled to the repayment of monies owed over a long period of time, say 5 to 6 years, can the claimant issue a 'test' case, say limiting the claim to the one year to limit legal costs, and then if successful, issue a further claim to cover the remainder of the term?

    2nd question
    With video hearings, if a claimant has himself and another witness, can the defendant ask the court to cut off those witnesses alternatively, so the witnesses, when cross-examined, cannot answer after hearing and therefore aware of the replies given by the other witness.

    Comment


    • #3
      If it's more than 6 years , 5 in Scotland, then the claim is statute barred

      Comment


      • #4
        Sorry, play on words.
        I didn't mean after 5 to 6 years.
        I meant, a claim for last year then, if successful, another for the last 5 years after that up until 6 years.
        So, say, claim for 2019/20 then claim 2014/19 inc.

        Comment

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