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lostinitall

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  1. The court says I do not have time to lodge an incidental application and I need to go along to the court and ask for it there !!! They said that an incidental application needs a hearing and this would be fixed for the same court and time as the hearing ? Seems wrong to me, apparently the court just wants to see if in agreement can be reached at this stage ? Any advice, I really dont want to go to court and now it seems I have no option. ?
  2. thanks SFU, what about format and signature, should it be in letter format with my address etc or just as it is ? Should I sign it ? or should I have it signed PP by my partner so they cant copy my signature ?
  3. Hi SFU, I tried to send you a PM but your mail box was full. I was hoping you and Ida could check my IA letter for me. thanks
  4. Thanks Ida and SFU for all of your help here. I am feeling a little more positive about it. I am doing the Incidental Application Letter now and I just need to clarify I am asking for all of the correct documents (see below) I am going to PM you SFU with an interesting bit of information I dont want to put on a forum. No never paid any money, my partner has written to them and spoken to them asking to prove their claim in the past. I have never acknowledged it. Should I put this in the IA letter where it says list of documents requested, it is from my information request : 1. a true copy of the executed credit agreements to which are referred to in the claim together with any terms and conditions that applied to these accounts at the time they were opened and at the time of alleged default. In this respect, your attention is drawn to the compliance of such documentation as prescribed under Section 78(1) of the Consumer Credit Act 1974 (herein referred to as “the Act”). 2. All records held on me relevant to this claim, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by the pursuer. b. Where there has been any event in the account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with BOS. c. True copies of the default notices. d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 g. A list of third party agencies to whom the pursuer have disclosed my personal data and a summary of the nature of the information they have disclosed. h. Copies of statements for the entire duration of the credit agreements. 3. Any other documents you seek to rely on in court.
  5. Thanks IDAinFife for the request letter. I need a little further clarification if you can. I have said I intend to dispute the claim and now have until 26th May (hearing date), I had no choice but I have not put any information about my defence on the paperwork. I have sent SAR and CCA to Link F. I am just working on the letter you provided to go to Link's solicitor. ? I am not sure what to put at the top of the letter where this appears (on the XXXX Sheriff Court) I need them to respond faster than 14 days. so I have changed to 7, they did confirm via e-mail that they would send me the CCA once they got it. Can I write to the court and explain Link and their agent have not provided me with any information to support their claim, that we dispute their claim and until we see their evidence of a valid agreement we are not able to prepare our defence, it looks unlikely that they can provide the documentation requested prior to the hearing date. Asking for extra time in order that they can provide the relevant documents so as not to waste the time of the court.
  6. Thanks Blueda and rebel. Do you think I should also send them CCA letter ? I have to reply to the sherrif court tomorrow so will say I intend to dispute the claim. Hopefully someone will tell me how to apply for more time to arrange my defence using CPR15.5 ? I hope then before the time runs out the SAR and CCA letter will bear fruit. ?
  7. Hi I have started another thread going on this subject on the dealing with debt in Scotland. However these are my real legal issues to resolve. Thanks to advice I am starting this thread to seek clarification on my plan. I have 1 day left to file the small claims summons (return date is 12th May 2011, Hearing date 26/05/11) I have a small claims summons for 2.9k. It appears likely it is SAR as we have never had an account with the Original creditor and they have claimed 2 different creditors for the same amount, we have not ever paid them a penny. Apparently the agreement was signed in 2000. We dont know what they have though. We did ask them to send us details of the supposed account in writing once, a long-time ago, never received. We have ignored their pestering calls, even the ones to neighbours. I think the correct steps are : Send back Small Claims Page 7, fill in section 3 and state I intend to defend the claim Send SAR letter to DCA (Link F) and OC (see questions, dont know who original creditor is, says BOS on summons) Apply for extra time using CPR15.5 (How ?, see questions) Questions I have: I dont know who the original creditor really is as 1 letter says HBOS another say BOS etc. I have heard you can apply for extra time under CPR15.5, how do I do this We dont know what they have or not, is it possible to send the CCA letter at the same time Any help appreciated as I need to resolve these issues today really.
  8. Thanks Blueda. I guess the contact issue is not exactly easy to prove or dissprove. We have not spoken with them, they have tried to use some odd tactics and I only found out who they where by doing some research on the numbers. Do you or anyone have any ideas what I should do with the small claims summons. Should I send it to the court saying I dispute the claim and intent to lodge a defence ? Should I then ask for an extension to prepare my defence ? (who do I ask for the extension, Link, their solicitor or the Court ) In addition to the letter stating the debt is statute barred should I also send a letter asking for the credit agreement and history on the account. Lastly, I have seen so many letters on this site I am not sure which is right or wrong. thanks
  9. Hi I have a Scottish small claims summons with a return date 2days away (12/05/11) and a hearing date 26/05/11. It is from Link Financial for 2.9k claiming to be a BOS debt from a credit agreement in 2000, I am not sure what it was and when if any the last payments on the account where, its so long ago I dont remember. The return day makes this urgent and I have been hiding from it. I dont think the original debt was with the BOS it was maybe with Halifax. I have asked the solicitors acting for Link to provide the agreement it refers to, only via e-mail. They have waffled on that it all gets done on-line and will send to me soonest, not going to happen in 2days. We have never had any contact with Link, they did call our neighbour's and pretend to be friends a few times. I once told them to put it all in writing on the phone but only got more threats and no substance. So what do I do now. I believe I can apply for more time to defend the case ?, should I fill in the form and dispute the claim and say I intend to lodge a defence so I dont miss the return day ? I have read lots about different sections of the consumer credit law and data protection act and template letter and now I am not sure what is the actual process I should take here in Scotland. I want to ask for proof of the agreement and all history on the account, who do I ask and how I want to ask for an extension of time to lodge a defence with the court, How do I do that ? If they do not provide the agreement what should I do and when
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