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SiliconChippy

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Posts posted by SiliconChippy

  1. Just a query, is this applicable at all in Scotland:-

     

    From the thread: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

     

    Quite often, credit card companies in particular do not appear to keep copies of the executed agreements but rely on the 1983 regulations allowing them to 'reconstruct' the agreement. If a case based on such an agreement comes to Court, the defence should point out strongly the requirement of the Civil Procedurelink3.gif Rules (CPR). Paragraph 7.3 of Practice Direction 16 says

    Quote:

    7.3 Where a claim is based upon a written agreement:

     

    (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

    Another Practice Direction says that a copy of the contract document does not need to be attached if the claim is made via MCOL. However, the requirement to produce the original in court is still valid.

     

    The bit about originals in Court is what I really need to know.

     

    Thanks in advance

     

    Chippy

  2. Hi Ida,

     

    The Details of Claim are

     

    1 The defender resides at the address as stated in the instance which is within the territory of this court and has been so resident for more than three months immediately prior to the raising of this action and is domiciled there. This court accordingly has juristiction. To the knowledge of the Pursuers no proceedings are pending before any other court involving the present cause of action between the parties hereto nor is there any agreement between the parties prorogating juristiction over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland.

     

    ((Agreed)) On My Defence

     

     

     

    Thanks Again Ida

     

    I hope this helps others too

     

    Chippy

  3. Hi Ida,

     

    Thank-you very much for taking the time to answer, I am really appreciative.

     

    Yes I have used Rory32s here:

     

    http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/180427-rrfcfan-court-wf-all.html (reply 16)

     

    I have asked the Proc Fiscal if I still need to lodge a defence and he said yes so that I could prove that I'm not time wasting.

     

    Thanks Again

     

    Chippy

  4. Hi All, I hope you can help

     

    I was taken to Court by Hillesden Securities over a year ago totally out of the blue. When the Summary Cause Summons arrived I made a request for my CCA, when it eventually arrived over 8 months later, I checked it and it is not enforcable because it is not Legible.

    Even though when Court was called and I explained it was not Legible, the Sheriff give me another 4 weeks to provide my defence. As the Pursuer did not send a Legible copy before my next Court case I relied on the fact that there was no Legible Credit Agreement. I also requested Account Statements and when these arrived they only covered half the lifetime of the agreement.

     

    I have taken advice and lodged an Incidental Application with the court.

     

    The problem is that I still need to Lodge a detailed defence in the meantime, please can someone advise what I am best to do?

     

    Thank-You In Advance

     

    Chippy

  5. Just an update to let you all know that court went fine. I think that the pursuer was hoping that I wouldn't attend. I just got the impression that they wanted me to admit to the debt even though I don't think it's mine. All the paperwork seemed poor and didn't give enough detail.

    I am to wait a few months while they get together all the information that I have asked for. Then I presume that they will invite me back to court. However, that's only if they can produce all the information.

     

    So I am off the hook at the moment. A huge thank-you to everyone on these boards.

     

    Chris

  6. Best of luck Chris. Hope you do well. Is this just the initial hearing?

     

    Thank-you Rory, yes it's the initial hearing. Out of the blue, I was given a summary cause warrant to attend court over an alledged debt from about 3 years ago. It's from a credit card, but the debt has been sold on. I am awaiting a CCA, because I need to find the original lender so that I can apply for itemised statements because I have never owed that much.

    I am just really asking for more time to get specific details of the debt today. It's a good time to get it sorted out because I am currently unemployed, and have no assets.

     

    Chris

  7. Hi Chris

     

    Just to second what Scott said, a warm welcome and glad you found CAG!:)

     

    You don't pay for the information. Maybe one day you can!

     

    Best of luck.:)

     

    Hi Kenny

     

    Thankyou for the warm welcome. I hope that one day I can repay for the info that I have already recieved. Even just by helping others.

     

    All the best

     

    Chris

  8. Hi all,

     

    I just wanted to say thankyou for all the great advice, especially Rory32 for his Scotland specific advice.

    As I said in the title I am going to court tomorrow, I am nervous. If it wasn't for these forums I wouldn't have planned attending at all, I would have hidden. But I have learnt here that it is time to stand up and question things and that is exactly what I plan to do tomorrow.

    I will let you know how I get on.

     

    Chris

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