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Challenging Desposit Scheme ADR Riling
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Gogs197tl6
Posts: 1 Newbie
Looking for advice.
My ex Landlord had filed a Claim through the Simple Procedure Court Process in Scotland requesting payment for damage to his property.
The alleged damage has already been subject to dispute resolution by the Deposit Scheme.
The Landlords claims are generally false as well as claiming exaggerated sums and completely ignoring the concept of betterment.
The ADR found almost entirely in my favour, returning a nominal amount only to the Landlord.
The Landlord has however decided to file a court claim for the exact same damage the ADR has already ruled on.
I've responded to the court claim form and now waiting to see if it proceeds to a hearing.
Does anyone have experience of this.? Will this get thrown out by court or is it likely to proceed to a hearing?
My ex Landlord had filed a Claim through the Simple Procedure Court Process in Scotland requesting payment for damage to his property.
The alleged damage has already been subject to dispute resolution by the Deposit Scheme.
The Landlords claims are generally false as well as claiming exaggerated sums and completely ignoring the concept of betterment.
The ADR found almost entirely in my favour, returning a nominal amount only to the Landlord.
The Landlord has however decided to file a court claim for the exact same damage the ADR has already ruled on.
I've responded to the court claim form and now waiting to see if it proceeds to a hearing.
Does anyone have experience of this.? Will this get thrown out by court or is it likely to proceed to a hearing?
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Comments
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The Scottish court system is quite different to England and Wales.
But essentially your asking the question us advocates get asked a lot. What will happen.
You cannot expect anyone to second guess how a court in what ever jurisdiction to rule.
Have a read up on how the sheriff court system works north of the border and follow any directions given to you
There is no point anyone guessing here
Try and find relevant case law that may be helpful to your defence. That applies to north and south of the border.
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