Hi,

Cabot/shoosmiths have sent me a small claims court summons .... original debt is an overdraft with BOS.

£1468.49

What is the difference between written application to pay by instalments?

and

apply for a time order?

Hi Glasgowgirl and Welcome to CAG

If you could read the following link and post your responses back here along with the Qs to enable the best advice on how to proceed with the claim.

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

Regards

Andy

The pursuers are a finance company who purchased the debt on 24 june 2014.

The said contract between original owner is a cca agreement dated 22 jan 2008.

Current account overdraft accrued debt of £1468.49

Account used between 22 jan 2008 and 17 april 2012.

I failed to pay off my overdraft and they sold debt to cabot/shoosmiths.

small claims court form gives me 5 options.

but im confused as to whether to apply for a time order to pay ? or should i make written application to pay by instalments?

im back working 2 days a week and meeting my bills but little left over for old debt.

small claims court want an answer by 1st july.

which option should i reply with please.

Sorry thank you for welcome... head in a spin at the moment.

What are the 5 options...? I am not that au fait with Scottish Claims procedure.....do you not wish to defend the whole claim?

Im sure our resident Scottish Experts will be along later.

Andy

1- admit liability for claim and settle now.

2- admit liability and make written application to pay by instalments or deferred lump sum.

3- admit liability and attend court to make application to pay by instalments or deferred lump sum.

4- dispute claim and attend court.

5- admit liability and make written application for a time order under the cca act 1974.

Many thanks...

So ...

1 is self explanatory that deals and ends with the claim

2.you get a decree but can pay it at an affordable rate.

3 same as above but you attend court to present your reasons.

4 defend all the claim

5.Allows you to admit but agree a time order on payment and avoid a decree.

Thank you

So 2 and 5 are the same but you get a decree with number 2 ?

how long does a time order give you to pay full amount ?

The following link is the legislation to an English Time Order...I assume its similar for Scotland.

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders

as its an overdraft debt is this covered by cca ?

No GG, overdrafts are not covered by the CCA

so i cant apply for a time order for overdraft debt as its not covered by cca1974?

this only leaves me option 2 make written application to pay by instalments or deferred lump sum ?

sorry this is all new and very scary.

Just had a quick look at a TTPD and it doesnt mention one cant be used for an overdraft

So before you go diving in to making offers, are there any charges which you could reclaim under financial hardship rules?

What were the circumstances surrounding the OD?

If you were on benefits say, you could have grounds for such a claim or counterclaim

i was made redundant then signed on but couldnt do the unpaid work experience as my father died and my mother needed care.

mother wasnt deemed sick enough so im unpaid carer.

i went back to work 2 days a week last august... to try to keep my house. im up to date will all my bills.

but this is an old overdraft passed around and sold to cabot.

Most overdrafts debts mainly consist of unfair charges ....unpaid DDs and monthly usage fees/ interest applied.

In effect a self (Bank) created debt.

court papers say apply for time order under cca74 is an option but if its an overdraft then unlikely to accept?

which leaves me with option 2 pay by instalments.

http://www.govanlc.com/s129

I thinks its classed as unsecured credit...so they are covered.