Very frustrating, why do threads on this site seem to mostly have no conclusion. Has there been no further activity since may 08? I know in my posts when mine have stopped it is because I have had no further activity, is this the case for this thread?

I am going to phone the court and ask them what i need to do to see the document the are relying on. Also I will ask them about the claimaint putting me on this paperwork just because they want to? I appreciate the time you have taken to aknowledge my posting. Cheers RFC

Hi Zander. I have two seperate Sheriff Officer companies chasing two seperate Parking charges one is just wanting the 90 and the other stirling park are wanting 135.15. I am trying to find info on how to deal with this so far all info i am finding relates to England and Wales. How are you getting on any success yet with your claim. Cheers RFC

"The have made their claim against both myself and my partner (Jointly and severally) as far as I am aware it has only been my wife that has ever signed anything with the school." Could someone answer this question for me, how can they include someone in this claim who has never had any agreement in regards the child going to the school. Can I ask the other side to provide me with a copy of documents they have relied on. WOuld these be with the court just now? CitizenB thanks for the Bump.

Hi folks, Hope someone can help with some advice on how to deal with a Summary Cause Summons. Background My child has just left private school. They started with school 6 years ago in primary seven then proceeded on to secondary school finishing in fifth year. They will be starting Uni in September - which we will need to find the money (which by law we have to) to pay their grant. We paid the school fees monthly. But the last year has been one almighty struggle with debt etc, which meant we missed some monthly payments. This has resulted in us owing 3300 GBP. The school wrote to us and asking us for the full payment. We could not afford it and contrary to advice on CAG we ignored it. They passed to their lawyers. We wrote to them stating that we are dealing with it and looking at our finances, though we had a problem with the mortgage Co. and could not give a repayment figure till we knew what was happening with our payments to them. Any how we sent the layers a second letter in which we apologised for the delay but we would try and resolve the matter. We then got another letter form the lawyers giving us a week to respond and as of that date they would initiate legal proceedings - which they have. The have made their claim against both myself and my partner (Jointly and severally) as far as I am aware it has only been my wife that has ever signed anything with the school. In their statement of claim they state "The Defenders are obliged to pay fees to the Pursuers in respect of tuition for the said child for the period in which she received tuition all in terms of the enrolment Agreement between the parties dated 16 March 2002." How do we get to see this document? What law would this debt come under? Also what are the possible scenarios? Is there anyway that this action can be stopped except by paying the amount in full? How can I ensure that I get the scales more level in terms of using the court process? Or ultimately, instead of what might be my superfluous questions above, what would be my best course of action?

If i was u I would also look at the CCA sections if the forum and the charges section as it would seem to me from reading in here that a lot of Creditors whilst demanding the highest of compliance from Debtors are not themselves operating in the most professional manner. And it would seem the creditors are not slow at extracting their pound of flesh from the Debtor, especially as they take advntage of the debtors lgnorance in these matters. So you should make sure that have complied fully and if they have not then, as they say in scotland, get into them!

Not having a pop at you Reallymadwoman, but who is going to revoke their licence - not this Government. From what I am reading Government bodies are not even hiding the fact that they are not going to make these people accountable.

Bog why would this be the case, I know Barclays owned them but would this automatically make Barclays responsible? I know it sounds daft that I am asling this but do companies that setup other companies not able to set them up so as they dont end up with the liability?

Ok folks, Update on what has been happening. I have now been paying my mortgage payments on the button along with the agreed arrears payments and the Mortgage mobsters have carried on eith their repossession action. On top of this they have stated my arrears are x amount, however, on inspection it would appear that they have included arrears charges and an imoposed building and contents insurance. There are two puzzling statements of arrears that show that despite me making 8 months of payments including agreed arrears payments my arrears have increased nearly 450 pounds. I have decided, rightly or wrongly, to take this the whole way until a sherrif decides on the issue. dint get me wrong I am not enjoying this one bit. Ok I may not have dealt with my arrears issue until the threat of court action, but i did before the action began and even came to an arrangement over paying a monthly sum( a sum that I am voluntary agreeing to increase at the next due payment by aroun 30%). My partner and I are in seemingly secure jobs with a combination of 18 years service. They mortgage company I am with is Preffered Mortgages with the account being administered by Crapstone Mortgage Services. It would seem that Preffered are members of the Council of Mortgage Lenders as such would it be worthwile raising a complaint with them? cheers RFC PS Bona thanks for taking the time to reproduce the extract in previius posts.

Thanks for the replies, I will now be approaching glasgow city cooncil and asking them about about change from a to b. Also I will be offering to make the payments direct. I have a feeling the switch from a to b is so they can attempt to ask for more. It appears the cooncil has not managed its budget well, the big cooncil they call an assembly has frozen any chance they had of increasing the council tax bills. So I s'pose its a strategy to increase the income from those who found themselves in arrears.

I have arrears of 2007 council Tax with Glasgow City council. Originally it got to the stage where Sheriff Officers A had gotten one of these attachment orders which I challenged and A appeared to back down and accepted a repayment plan. Meanwhile I have continued to pay my 2008 Council Tax Bill on time. I have also been keeping to my repayment agreemen in respect to my 2007 arrears. Today a letter from a new Sheriff Officers B. This letter states that they have been appointed by Glasgow City council to recover from me the outstanding amount. They then go on to to say that it os essential that i contact them wothin 7 days and arrange settlement of these arrears , or to re-negotiate any agreement i had with A. They then say failure to contact them may result in enforcement action proceeding against me without further notice. Thhey then go on to say that i should make all payments directly to them and not to A. Anyone else experienced this tactic from these people? There is also a bit where they show what appears to be like a statement of account that shows payments received as being nil. Although it may be that they are showing that i have made them no payments. Another question should they be showing assignment deeds? Though I am reading some threads and it would appear that i may be able to ignore them and go drectly to the council - http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/58550-council-tax-bailiffs.html Does this link above apply to scotland?

If you look through the stickies in the debt collection part of the forums you will find a letter to send them which tells them basically that they must do everything in writing, also use the standard letter telling them their agreement is not a properly executed CCA and that you will be reporting them to Trading Standards for breaching the CC Act with their actions(But i think you need send them a letter with a £1 requesting a copy of the agreement first. Been a while for me also since i last heard from them - but I CCA'd with my pound and they sent me an un enforceable agreement-not heard from them since!

This is one superb and informative post. With the understanding this post brings gives the wee guys like myself some opportunity in begining the fight back. Sadly I am being managed by Crapstone Mortgages. I fell into some arrears. I agreed repayment plan to allow my regular monthly payments to be maintained whilst contributing to the clearance of my arrears. 4-5 days later gets written confirmation of the agreed repayment plan. Week later receives a default notice and a letter from their solicitors statong that it s their intention to press ahead wth obtaining a repossesion order on my property. Now realised that just want to get their hands on the equity tied up in my property.

Do you have all your paperwork, if not then suggest you get a SAR of straight away. If you look in the stickies you should find a template letter there that you can use for the purpose. You may want to post some more info, like who had the loan with, ETC. Also take some time and read the other threads on reclaiming PPI.

Any update on how you got on with your letter?

The other day I was on the phone to the SLC in regards their demand that i start payment, I explained that I have now sent the deferrment paperwork. Anyhow during the conversation I questioned the charges the claim they will take for reminder letters(£20 a time). I was then stunned to hear them say that their charges have been fully investigated by the Office of Fair Trading (OFT) and they have deemed the SLC charges as fait and fair. Can anyone shed any light on this, If this is a lie (which I suspect is) then I will be writting a letter of complaint to the OFT.

I will certianly keep you updated. No worries about timescales for replies there is no dire need with this one. I think some peoples plight on this board requires more urgent attention. I just think itsgreat that others take the time to help others, regardless of their motivation to do so.

Caro, Thanks for taking the time to reply, I will be getting the LBA sent on Tuesday this week. Best regards RFC

To be honest with you it was my intention to see how they treat both SARs. I had a feeling they would act in this way, so now I can highlight to my MP etc how the bank are just out of control in how they are treating the law of the land with such contempt.

Surely this can be risky as why should I be giving out copies of my personal ID and in doing so risk them going astray and falling into the hands of the unscruplous, even worse they may even get to their destination;-). Anyhow like your earlier post how easy is to pop into the council office and run off anyones birth lines. As it is only a copy then scan any set of birth lines, photoshop and add in who you want.

Ok interesting development on this and one which now means I will be going full steam ahead with LBA and then Sherriff Court. Last week(sorry for delay in updating, been snowed under with work) I recieved info from another S.A.R - (Subject Access Request). Now i have went down the identical route with both the Crapital Bank and and the later S.A.R - (Subject Access Request) referred to above. Now the Crapital Bank one have been sending all sorts of financial info to my address constantly up until I SAR'd them the other SAR has not written to me for a number of years now. Yet its crapital bank that is giving it all the '... due to Data protection blah blah and will you jump through hoops before we send you anything out'. Now both these cases share the one denominator they both share the same Data Controller - but both seem to be behaving in contradiction - lets see the Data Controller explain this one in court Also will be registering a complaint with the Information Commissioner. 2Grumpy, so much for their 'standard industry practice', Eh???

Wow been a long time have you received anything yet?

Hi, Its myself again just to update and get advice on whether the next course of action is foolhardy on our part. The story so far is: November last year S.A.R - (Subject Access Request) sent to Clydesdale Bank (CB), details provided are Name of account holder and address at which the account (this also includes a Mortgage secured to the address provided). The CB return the £10 PO and ask for the account number. Allalong they refuse to confirm or deny they are able to locate any info using my mates DOB, address and name of Branch where the account and products were held. Letter sent back to Clydesadale asking them to confirm whether they have or do not have information on the said individual again enclosing the £10 PO. Again they send back the the £10 PO stating they may or may not have info on the said person, again they ask for the account number. Another letter sent to CB reiterating the individuals details and asking that they comply with the SAR by either providing the information or stating they have no information in regards the subject of the SAR this time they are informed that the Information Commisioner will be contacted if they fail to respond. They fail to respond before the 40 days have expired. Complaint sent to the Information Commisioner - reply from the Information Commisioner that the more information should be given to the clydesdale bank. In the mean time the individual making the SAR is able to produce the address of where the account was held. This is sent to the Clydesdale Bank. Then the individual gets a letter from the Branch concerned again asking for the account number. So here we are 5 months down the road and the only way the Clydesdale Bank seem to want to deal with this is through an account number. So I feel given the inaction of the Information Commisioner its time to go through the small claims route, we dont care if we end up losing due to not having an account number it will be worth it to see what the outcome may be - unless it is just a complete waste of time? However before we do this I was wondering apart from the jowalshy's suggestion is their any way that we can get any details of the account with the account number. ALso the Mortgage he had ended up defaulted and a repossesion order persued through the courts - would the courts have a record - would it be worthwile SAR'ing the legal firms involved in the repossesion. Their is other strange things going on with this account. The solicitor who dealt with it from my mates end has only been able to provide him with the name of the solicitors who acted on behalf of the bank. Now this was only 3 1/2 years ago and involved sums of money totaling tens of thousands of pounds. Still any suggestions, has anyone, I am going to have a look in the CB section of bank charges, got information from CB without an account number? Cheers RFC

Thanks Bona, I will have a look at the Govan Law Centre WWW site for the case you refer to - though if you have the link could you post it for me if I find it I will come back and post it here. Again cheers. Bona I am still searching the GLC site, still not found it yet, going back to look again. ;o)

And again: