Just been served an initial writ what next ?

[Eternal pessimist]

Cabot financial(uk) limited are the pursuers for a credit card debt with BOS (£6,800) from OCT 2003,I have had absolutley no contact with Cabot despite the writ saying "4. Despite repeated application defender refuses or delays to make payment of the sum sued forand the action is accordingly necessary".
Was shocked to receive said writ as i thought i could make an arrangement to pay but as i said no contact by cabot,I had no idea they were handling the debt until now.
What should i do now,Contact Cabot,Fill in the form admitting the debt and asking for time to pay or go to court and challenge the debt.
Any help would be much appreciated.
THANKS

[old_andrew2007]

bump

[davy4ann]

this could be statute barred (next month)....5 years in scotland. I think this is as long as you have not made any payments since oct 2003 or admitted in writing that you are liable for this debt
dave

[IdaInFife]

Not hear of a writ and if googled its something from amny years ago in english law


send caboot:

Consumer Credit Act template - Consumer Wiki

Ida x

[Eternal pessimist]

Thanks for the replies,Have today sent CCA letter to cabot and will intimate to the court and cabots lawyers that i wish to defend the action (this does not hae to be done until 26th september).

As the last payment to the account was 31st October 2003 this should be statute barred by the time it goes to court hopefully.

Any further advice would be most welcome.

[Eternal pessimist]

My payment has been returned by the court as it is the wrong amount, Although i sent them the amount required according to The Writ.
Wondering what the legality of said writ now?
Also Cabot sent back my CCA letter saying they are not obliged to send this information but they will get it from initial lender,(12 working days getting close CCA letter posted 17th Sep)
Cabot seem now to have added about £80 to the debt,Could this be interest,They are asking the court to add interest at 8%

[rory32]

Not hear of a writ and if googled its something from amny years ago in english law

This is an ordinary cause action. An ordinary cause claim is started by the issue of an initial writ (ordinary cause rule 3.1 and Form G1). The service of the writ should be by recorded delivery or by sheriff officer.

An ordinary cause action is the most complicated form of procedure to defend and, while we can help you with the process and a defence,
I would strongly recommend that you consider seeking some specialist advice on the matter.

[rory32]

Some useful links for you

Taking a claim to sheriff court (Scotland)

Ordinary Cause Rules

[rory32]

Do you know if you qualify for legal aid?

[Eternal pessimist]

Thanks Rory,Doubt i qualify for legal aid (earn around £18,000) have been thinking about a lawyer so that will be the first thing i do Monday.

cheers EP