I have recieved a Citation (Scotland)

[StoneLaughter]

Re: I have recieved a Citation (Scotland)

I favour the "produce or strike out" defence; however if they produce at the 23rd hour it's as well to have prepared TWO defences; one which assumes they have produced EVERYTHING (and just needs some quick amendments to suit what's actually produced before hand-delivering to court at 4pm on the final day) and the other a "Produce or strike-out" defence which you also hand-deliver by 4pm on the last day which basically says "the Claimant has produced no documentation to support their claim and I therefore respectfully request that in the absence of any basis for a valid Claim that it be struck out".

So - on Day Zero, you drive to court to arrive at 3.30pm with the Defence of your Choice in hand; and book it in.

[Dilly]

Re: I have recieved a Citation (Scotland)

Thanks, I will wait to see what comes through in the next week and then have bot ready. Has anyone drafted the more substantive defence for Scotland?

[Curlyben]

Re: I have recieved a Citation (Scotland)

I'd ask the court manager exactly what is expected in a case like this.
Hey, it'll be a learning excise for all of us.

[Dilly]

Re: I have recieved a Citation (Scotland)

Thanks CB. I will give the CM a call, the lady taking my fee did not have a clue - she even told me I don't have to send the Claimants sols a copy of Form 07 which is the complete opposite of what is says in big bold letters on the cover page(!).

I have seen an "Incidential Application" made in small claims in Scotland for document disclosure, I just want to ensure that I follow procedure and don't mess up.

Amex sols recent letter also states:

"We refer to your letter of xx regarding the above, the term of which we are currently discussing with our clients. Please be aware that we will lodge and Inventory of Productions with the Court on behalf of our clients in due course and will revert to you shortly in this regards".

So my guess is either (i) they will send me through the same docs as I already have and seek to rely on these in court or (ii) come up with something new and give me a shock or (iii) give up.

I have not seen Amex defend on any of the consumer sites so this would be a first. I may have pi**ed them off such that they may give it a go..............

[Curlyben]

Re: I have recieved a Citation (Scotland)

Well they can try and defend, but as it's black and white there's nowt for them to do, except fleece Amex for their FAT fee