All documents are here:

Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them.

Some interesting musings...

It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court

There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen.

it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters.

they must explain and help the respondent in legal matters

use the response form 4a PDF attached to post 2 or 3 to plan out you response

use the online website:

hit respond in blue from here:

Welcome to Civil Online Gateway (scotcourts.gov.uk)

to fill it in online.

here is an example of how to Respond with regard to an SPC overdraft claim....

use the attached Form 4a as a guide

enter the details you need to in section A

answer A5 online

B1 tick

C2 tick

in D1 enter the following : please see uploaded PDF file to your portal entitled Response Claim number XXXX  xxx V xxx xxx court 

copy and paste the below text (answering blanks where needed  - to a PDF file named as above for uploading to the court site)

..................D1 Starts..........

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advantage of the party.

1.6(10)

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

..i expect the claimants' representative to employ the above.

..........

The Claimant is a well known Debt Buyer or Debt Collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. They then issue claims to circumvent and claim the full amount of debt to maximise profit.

According to s.189 of the consumer credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

It is admitted with regards to the respondent once having financial dealings with [original Creditor] in the past.

I do not recall any precise details or agreements and have sought verification from the claimant who has not complied with my request for further information. It is denied that I am indebted for any alleged balance claimed.

The Respondent puts the Claimant to strict proof to provide copies of all documentation they must produce under Scottish law that confirms they are able, legally, to enforce and bring this claim to court .

The claimant is also put to strict proof to:-

.(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment.

© Provide a breakdown of the excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

The claimant has averred on their Claim Form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX (if applicable)

. The respondent is unaware of any Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. by either the original creditor or the claimant in the last XX years.

..................END OF D1......................

D2 leave Blank

D3 Leave Blank

D4 hit NO.

D5 Leave Blank

.................................

my best to date musings

thank to andyorch for various bits from E&W OD claims

form-4a---response-form (3).pdf

Any Credit Agreement under the CCA (Cards, Loans, Catalogue Account etc)

Send a CCA request to the claimant (if not already done within 12mts) 

here is an example of how to Respond with regard to an SPC for a debt covered by a consumer credit agreement

use the attached Form 4a as a guide

enter the details you need to in section A

answer A5 online

B1 tick

C2 tick

in D1 enter the following : please see uploaded PDF file to your portal entitled Response Claim number XXXX  xxx V xxx xxx court 

copy and paste the below text (answering blanks where needed  - to a PDF file named as above for uploading to the court site)

..................D1 Starts..........

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advantage of the party.

1.6(10)

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

..i expect the claimants' representative to employ the above.

..........

The Claimant is a well known Debt Buyer or debt collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the consumer credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. They then issue claims to circumvent and claim the full amount of debt to maximise profit.

According to s.189 of the consumer credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

It is admitted with regards to the respondent once having financial dealings with [original Creditor] in the past.

I do not recall any precise details or agreements and have sought verification from the claimant who has not complied with my request for further information. It is denied that I am indebted for any alleged balance claimed.

The Respondent puts the Claimant to strict proof provide under the Consumer Credit Act the required documents to legally be able to enforce and bring this claim to court namely:

The Signed Consumer Credit Agreement

The Notice Of Assignment

The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8

A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

I will contend at trial that such charges are unfair in their entirety.

The claimant has averred on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

A CCA Request section 7? was sent recorded delivery on [date].

The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years.

.................end of D1...............

D2 leave Blank

D3 Leave Blank

D4 hit NO.

D5 Leave Blank

.................................

my best to date musings

form-4a---response-form (3).pdf

If you debt is statute barred.. (see your own thread advice 1st to confirm this)

here is an example of the use of the Response form

with regard to an SPR CCA claim....[loan/card/catalogue etc]

the interactive form in PDF format is attached..in post 1

enter the details you need to in section A

answering A5 by post

B1 tick

C3 tick

in D1 enter the following : [by copy and paste from here]

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6 

 If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,
 in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
 under Scottish laws the debt is now extinguished
 .
 3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

in D2 enter:

The Debt is Statute Barred.

ends 

. 

in D2 enter:

. The claimant avers in its particulars that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

A CCA Request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years

in D1 enter the following : 

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advntage of the party.

1.6(10)

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

..i expect the claimants' representative to employ the above.

..........

The Claimant is a well known Debt Buyer or Debt Collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

According to s.189 of the consumer credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

It is admitted with regards to the respondent once having financial dealings with [original Creditor] in the past.

I do not recall any precise details or agreements and have sought verification from the claimant who has not complied with my request for further information. It is denied that I am indebted for any alleged balance claimed.

The Respondent puts the Claimant to strict proof to provide copies of all documentation they must produce under Scottish law that confirms they are able, legally, to enforce and bring this claim to court .

The claimant is also put to strict proof to:-

.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment.

© Provide a breakdown of the excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

in D2 enter:

. The claimant has averred on their Claim Form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

A CCA request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years.

..................