Threat of Legal Action by Brechin Tindal Oatts

[Monty2007]

Moved from England to Scotland and have received a letter of impending legal action from Brechin Tindal Oatts (BTO). Its for a credit card debt in excess of £10 K.

I had previously been dealing with various DCA's and one English based legal firm but they cannot produce the credit card agreement.

I have reminded BTO of their Client's obligations under Section 78(1) of the Consumer Credit Act 1974 and that without a signed agreement that the debt is unenforceable under S127.

If this does go to litigation are the Civil Procedure rules different for Scotland than for England - any other differences in law that I should be aware of now that I am Scottish jurisdiction?

Thanks

Monty

[rory32]

If this does go to litigation are the Civil Procedure rules different for Scotland than for England

Yes, for a start they're not called the civil procedure rules.

any other differences in law that I should be aware of

Quite a few, but we'll deal with those if this goes to litigation. How long have you now resided in Scotland?

[Monty2007]

Originally Posted by rory32

Yes, for a start they're not called the civil procedure rules. Quite a few, but we'll deal with those if this goes to litigation. How long have you now resided in Scotland?

Hi Rory

I moved to Scotland in September 07, just received the letter from BTO this week.

[rory32]

Okay, I was just checking that you qualify as legally residing in Scotland. Which you do as you have been living here for over 3 months. I've also moved your thread to the Dealing With Debt In Scotland Forum.

[Monty2007]

Originally Posted by rory32

Okay, I was just checking that you qualify as legally residing in Scotland. Which you do as you have been living here for over 3 months. I've also moved your thread to the Dealing With Debt In Scotland Forum.

Thanks Rory

Are there any useful threads in relation to Scottish procedure, i.e. equivalent to the Civil Procedure rules in England that are available. I am wanting to negotiate a settlement and just really want to understand the Scottish process in relation to pre-court action.

Monty

[rory32]

If this went to court it would be done under the ordinary cause rules, a copy of which you can find here Also how you request documents and the way defences (often known in Scots Law as answers) are worded would be slightly different. Furthermore the Wilson case would be a persuasive arguement rather than being legally binding on a Scots court. Although as the same statute applies in Scotland the court would still be bound by s127 of the Act.

[Monty2007]

Originally Posted by rory32

If this went to court it would be done under the ordinary cause rules, a copy of which you can find here Also how you request documents and the way defences (often known in Scots Law as answers) are worded would be slightly different. Furthermore the Wilson case would be a persuasive arguement rather than being legally binding on a Scots court. Although as the same statute applies in Scotland the court would still be bound by s127 of the Act.

Thanks Rory, I will read this link. Any useful threads on CAG in relation to S78 and S127 arguments in Scottish cases?

[rory32]

The arguments are the same. How they are worded in the defence is just sometimes a little different as the defence should be worded so that it gives answers to the statement of claim.