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Old 4th August 2008, 17:55   #1 (permalink)
martinm112
Basic Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jul 2008
Posts: 18
martinm112 Novitiate
Default Martinm112 vs Associates Credit Card

Hi to all, looking for some advice.

I received a visit from Sheriffs Officers handing me a Form of Service as follows :

Court Ref No

1st Credit Finance Limited, Address, Pursuers against Myself, Defender.

Date 14 July 2008

Myself, Defender, you are hereby served with a copy of the attached summons.

Small Claims Summons

1 Court Name
2 1st Credit Finance
3 Myself
4. The pursuer claims you owe the sum of £1845.74 (details following)
and
the pursuer claims interest onthat sum at the rate of 8% annually from the date on which the summons was served on you until payment.
and
the pursuer also claims from you the court expenses
5. Solicitor
6. Return day 08/08/2008
Calling day 15/08/2008

The oursuers carry out business, inter alia, as a debt purchasing company who have a place of business at address. By notice of Assignement dated 31st December 2004 a third party namely, The Associates (Card Prime) transferred all of its right, title and interest in the Defenders account for financial services to the Pursuers, for which there is a total balance due and resting owning by the Defender in the sum of £1845.74, as at 02/07/2008 which is the sum sued fo. The Pursuers and The Associates (Card Prime) entered into a debt purchasing agreement in terms of which The Associates (Card Prime) sold their debts to the Pursuers. The Defender has refused or at least delayed to make payment of the said sum due. This action is accordingly necessary.
The defender resides at ADDRESS. The Defender has been resident therer for more than three months immediately preceding the raising of this action. The nature and circumstances of the Defenders residence indicate that he has a sunstantial connection with Scotland. This ground of jurisdiction of the court is the domicile of the Defenders in terms of Section 41 (or Section 42) of the Civil Jurisdiction and Judgements Act 1982. This court accordingly has jurisdiction.

Last edited by martinm112; 4th August 2008 at 18:05. Reason: typo
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Old 4th August 2008, 18:10   #2 (permalink)
martinm112
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Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jul 2008
Posts: 18
martinm112 Novitiate
Default Re: Martinm112 vs Associates Credit Card

I have sent a request for information letter by special delivery on 21st July, and to date have had no reply.

I was wondering what my next step should be, bearing in mind I am in Scotland.

Just to state, if it helps, I have NEVER received a default letter by recorded delivery, or a copy of the notice of assignment of the debt either.

Being honest, my credit file was a mess, but over the past 18 months i have been making regular monthly payments to all my creditors, or so i thought, and the first i heard of this was when sheriff officers came with summons.

Also, this credit card had a limit of £1000, so where they can claim i owe over £1800 is beyond me.
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Old 4th August 2008, 18:13   #3 (permalink)
martinm112
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Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jul 2008
Posts: 18
martinm112 Novitiate
Default Re: Martinm112 vs Associates Credit Card

Sorry to go on a bit, but i should state maybe, that i want to avoid at all costs having a CCJ, or the scottish equivalent, registered, as i have made significant steps at clearing my credit file, and this would obviously set me right back.
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Old 5th August 2008, 21:58   #4 (permalink)
martinm112
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Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jul 2008
Posts: 18
martinm112 Novitiate
Default Re: Martinm112 vs Associates Credit Card

Shameless BUMP, HELP!
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