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I need some help with the Form 1 and b1, what goes in this section, I know I read it somewhere but can't find it now.
This is the part of the "Summary Cause Summons" that asks "Claim (form of decree or other order sought) and is section 4
Would I just put "Repayment or bank charges" or does it have to be a little more specific.
If anyone knows a standard reply to this please let me know?
I could also use some help on section 7 - "STATE DETAILS OF CLAIM HERE (all cases) and PARTICULARS OF ARRESTMENT (furthcoming actions only)
Don't want to mess this up by putting in the wrong info.
Please note that I am splitting a £5128 claim into smaller claims.
This is the step I have been dreading but as it says don't threaten court action if you are not sure if you want to proceed, I want to go the rest of the way.
Go and have a look at the Guidance Notes section under Scottish Procedures if you are in Scotland. It is very handy, although I've completed my forms to the word and the Sheriff Court has returned mine today with regard to "Box 4" So I'm seeking advice on my wife's threat MelanieGB vs BOS.
Keep checking back on our threat in case someone comes up with some advice.
Thank you for the response and help, I have had a look and they look fine to use but I am a bit concerned now about Box 4.
If you used the words on this webpage why did they send your form back to you?
This part is really difficult, everything up until now was pretty straight forward because there is plenty of info on this and other websites but get to the going to court part and there doesn't seem to be much help.
In Box 4 Claim(form of decree or other order sought)
Put: 1. The persuer claims from the defender the sum of £xxxxx
2. £xxx interest from xx/xx/19xx to xx/xx/20xx
3. plus the expenses of bringing the action.
Section 7. takes a bit of time for me to type out. I'll try and get back to you soon.
Hope this helps.
Regards.
Scott.
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Thank you for the help, been on other websites for days without a reply.
Do you think that is why the court returned Vagabond's form, because he didn't calculate the interest and state how much it was?
I though that the interest would be calculated at the time of payment from the bank as it could take a bit of time to pay out, maybe I'm wrong.
I did have a look at the template thingy for the form and was a bit put off by the length as I need to make three claims and would have to write this out six times, would printing it out and signing it be the same or does it have to be writen?
"To grant decree against the defenders for payment to the pursuer of the sum of (for example) ONE THOUSAND POUNDS (£1,000) STERLING plus interest at the rate of 8% annually from the date of service until payment, together with the expenses of the action."
For box 7, this where you have to submit the details of your particular charges and the basis for your claim, ie, the illegality of the charges. It is quite competent for you to submit a "Statement of Claim" to attach to the summons which is in a style I can forward you as the space to fill in box 7 is limited.
hope this helps
S.A.R sent (RD) - 14/9/06 (no response)
Reminder (RD) - 6/10/06 (no response)
Phonecall to BofS chasing - 24/10/06 (no response)
Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response)
Phonecall to BofS complaints - 2/11/06
Received statements back to 2004 only - 14/11/06
Another phonecall to complain - 16/11/06
All statements received - 31/11/06
Claim submitted - 1/12/06
Received acknowledgements - various over January 07
Telephone call to offer full settlement - 14/2/07
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