Holiday dispute

HardSpend

hearing today, after some confusion he was finally told to appeal to Sheriff Principal if he wanted to stop the action
I was threatened leaving court, he said he was going to beat me up 'in front of everybody' and says he knows where I live, not sure what to do now other than wait for another letter from the court...:(

Freddie_Snowbits

If you were threatened when you left court, you should report this properly and not on the forum

pmduk

As Freddie says a threat like that should be reported to the Police. Make a list now of all the witnesses and note exactly what was said.

pulliptears

Freddie_Snowbits wrote: »

If you were threatened when you left court, you should report this properly and not on the forum

OP is updating a thread and keeping a record of what has happened so far. I for one am grateful for OP's update and it's not a big stretch to assume OP will report it to the police as well as make a note of it on their thread.

Is there a reason you are this antagonistic lately Freddie? You used to be a reasonably intelligent poster.

Freddie_Snowbits

pulliptears wrote: »

Is there a reason you are this antagonistic lately Freddie? You used to be a reasonably intelligent poster.

Sorry Tears, just wanted to make sure OP contacts the police

HardSpend

I gave the police a statement. There are no witnesses other than his family - this took place just outside the court in the rain as we were both leaving, he was walking to his car and I was walking to my flat (both going same direction) - he basically walked right up to my face, threated me, said he knows where I live, he kept turning away then coming back as if he was going to punch me. I asked the police not to visit him because I think it will just make things worse but feel better I at least made a statement. Maybe I shouldn't mention the criminal stuff anymore.

There was some confusion in the case which I didn't fully understand, the decree was awarded in January in the defender's absense, I wrote a letter asking for payment and waited 10 weeks before contacting sheriff officer. The defender then went to the court and logged a Minute for recall of decree.
The first judge said he sympathised with me that the defender ignored my letter with a copy of the decree and that I had to pay a sheriff officer to send a extract for payment but he had no option but to hear the case again as the defender had applied for the recall within 14 days of the extract for payment. However then after speaking to the "court person taking the notes" (not sure what they are called) he asked both of us whether the second hearing should have been a proof hearing because "that's what it it looks like in the notes say that the first hearing judge made" ! The judge said if this were the case which there was a different procedure. We were told to sit back down.

First judge went away and presumably spoke with a different judge and handed over the papers. The different judge then came out and said the recall of decree should not have been accepted and was probably an error or the clerk!? He told the defender that the decree was awarded in his absense and since I had turned up on time the defender's excuse that he didn't know about the hearing and expected a letter was no good, the judge told the defender his course of action was to take legal advice and appeal to the sheriff principal and that was pretty much it.

I guess I wait for a letter from the court telling me whether there will be another hearing or not.

poet123

It is unlikely that an appeal will be sucessful, unless the wrong procedure was followed originally.

Freddie_Snowbits

HardSpend wrote: »

I gave the police a statement.

Thanks OP for the update and I hope you are ok.

HardSpend

Just received first part payment from following issue of Earnings Arrestment Order The employer is supposed to deduct from first payment after receiving the order which they have not done, nevertheless better late then never and have finally got some of my money back!