I need help/assistance regarding a Simple Procedure claim that was posted through my door on Thursday 5th October by Sheriff Officers.

The claim by Capquest/Shoosmith is regarding a catalogue debt which I believe should be statute barred as the date that a default was issued was 10/07/2012.

I suffer from a long term illness and also depression and around that time was in and out of hospital frequently and for one reason or another, ignored the debt!

Capquest/Shoosmith are now pushing to recover the debt which was initially owed to shop direct for the sum of £449.37.

As I rely solely on benefits, I am unable to pay this without putting myself in further financial difficulty.

Any help or advice would be greatly appreciated!

Top of the morning to you and welcome to CAG

As its a scottish claim - http://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017

Fill that in and paste back here in a new post.

We can then advise

name the issuing court:Kilmarnock Sheriff Court

Who Is The Claimant: Capquest

Who Are the Solicitors: Shoosmiths

What type of action? (simple/Ordinary): Simple

What is the claim for – Catalogue debt

1.The said contract between the original owner and the respondent is a regulated credit agreement in terms of section 189 of the consumer credit act 1974.

It is dated 22/05/2010 and relates to a mail order account issued by the original owner for isme with account number ********.

2.On numerous occasions between 22/05/2010 and 10/07/2012 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility.

The original owner issued statements in relation to the account on a regular basis upon which would be stated the current balance the minimum payment which would be required to be made in terms of the said agreement and the date by which said payment required to be made.

By the nature of the said agreement the payments to be made each month fluctuated from month to month depending on use.

3.It was a term of said agreement that a failure to meet any payment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days failing which the agreement would be terminated.

On or around 10/07/2012 the respondent failed to make payment of a sum which had fallen due and the said account thereby entered into default.

A default notice was issued to the respondent on 10/07/2012.

4.The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice.

The account remains in default.

5.The sum due in terms of the said agreement amounts to £449.37.

The right to receive payment of the sums due in terms of the said account vests in the claimant.

look for the words which FOLLOWS [substantial connection with Scotland]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

Last Date Of Service:- 27/10/2017

Last Date For Response:- 17/11/2017

What Documents are listed in Box E2:

A copy of the credit agreement,

statements of account and

notice of assignation will be produced in any defended process to follow hereon.

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt catalogue debt

D5 what has the claimant said]:

I want the court to order the respondent to pay me the sum of £449.37

from your knowledge: answer the following:

When did you enter into the original agreement before or after 2007? After 2007

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

When was you last payment:-Around 10/07/2012

Why did you cease payments:- Illness and financial difficulties

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No

brilliant thank you perfect

can you go ring Shop Direct and find out your last payment or order date.

looks like this is statute barred

easy to kill it dead.

no rush to do anything further yet

Hi again, sorry for the delay,

Just off the phone to Shop Direct.

The last payment made to the account was £20 on 05/01/2012

ignore me.

wrong file uploaded.

dx

enter this in box D4 of a download copy of form 4a

post 2 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-The-Simple-Prodedure-Rules-For-Claims-Under-£5k-in-Scotland-From-Nov-2016

send it to the Sherriff clerks office

the Scottish SB defence

which I think runs.

The following defence is all you need if it is SB

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 extinquished

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

Regards

nicked from Andyorch

can I just check something

belt and braces

you did take this out whilst resident in Scotland and not south of the boarder in England or wales

Hi again,

No, I have always resided in Scotland,

Please forgive me, but in your previous post, what exactly do I enter in box D4 of form 4A, box D4 asks Which additional respondents do you think should be responding to this claim?

Do I need to tick C3, I want to dispute this claim?

Many thanks in advance

D

sorry D1

yes ofcourse you dispute it c3 tick

the debt doesn't exist, under scotiish law its extinguished...dead gone parrot

Just to clarify, I put this in D1

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 extinquished

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

Regards

I tick C3 disputing the claim

Do I enter anything in D2 Why should the claim not be successful?

Apart from filling in my personal details and what you have instructed me to, do I simply hand the form into the court?

as there is no rush

you have until November to respond

it might be better you get upto speed

there are numerous PDF's on the scot.gov website on what you need to do

but for simplicity

we have them here

go read...

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland&p=5017400#post5017400

Could I have one more piece of advice, please?

I have completed form 4A, in connection with the matter above, and about to submit it.

However, when reading through page one of form 6A, there is a paragraph entitled WHAT SHOULD YOU DO NEXT. There is a sentence that states,you must send a completed response form to the court and to the claimant.

Does this mean that I must photocopy form 4A and send it to Capquest, or would it be to Scott and Co, the Sheriff Officers, and if so should I send it "signed for"?

Many thanks in advance,

D

ask away always.

the copy goes to the CLAIMANT

it can go by 1st class with free proof of posting from any po counter

Update regarding the above case:

Having submitted form 4A to the court with all the relevant details advising of the date of the debt and stating that the debt should be statute barred,

I was somewhat taken aback this morning as I received a form SO1,

stating that the respondent has indicated to the court that the claim will be disputed!

I have been ordered to attend a case management discussion on 26th January 2018!

Surely the debt is statute barred?

Apparently the claimant and I are encouraged to contact each other to seek to settle the case or narrow the issues in dispute before the case management discussion.

Should I contact Capquest or not?

Any advice would be very much appreciated!

D

as expected

there is no point in contacting them

its statute barred end of.

its only a chat IF it happens at ALL.

the sheriff might well dismiss the case if the fleecers provide no written evidence the debt is not SB'd.

sit on your hands.

Many many thanks for your advice, it's truly appreciated.

There's one thing that I am puzzled by, perhaps you can explain?

As the debt is statute barred,

why did the sheriff not declare it so,

and instead arrange for a case management discussion?

regards

D

evidence its not statute barred..

the sheriff has no knowledge nor legal access to such information

until/if the claimant claims otherwise