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pu_mpk_in

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Everything posted by pu_mpk_in

  1. Hi rory, while i am waiting for the 30 days to pass (which should be soon), is it worth my while writing to reclaim some of the charges applied to the credit card or should i just leave things for the time being?
  2. Thanks Rory, I'm hoping they don't have one as my original request was received on 14 October and i've still not received anything. Do i need to write to them after the expiry of a calender month? Bearing in mind that as a result of my complaint, that they raised legal action while i had made a request in terms of the Consumer Credit Act, they have put on hold any legal action pending a response to my request in terms of the Consumer Credit Act, and they need to hear from me within 8 weeks of them acting on my complaint. If they cannot send me what i have requested in terms of the act, then what? Do i write to them at that time?
  3. Hello again, i need to ask if anyone can tell me whether, after making a request in terms of the Consumer Credit Act and the 12+2 working days have passed do they get a further 30 working days to come up with a signed CCA or is it just 30 days.
  4. Hi Rory, can you suggest a style letter for me to use to send to the court asking that it be taken into account should a request for minute of decree in absence be lodged by the bank? I have until 4pm today to lodge it with the court.
  5. Hi Underdog13, the solicitors did not go into detail they just said that it is not always the case that the debt becomes unenforceable if the CCA is unsigned. I did not ask any further about it. I was just looking to avoid having to pay any huge solicitor and court costs as i really do not have the means to do so, which is why i'm in such a mess financially. I want to wrtie my letter to the sheriff to ask if the contents could be placed with the papers just in case. I don't suppose you have any suggestions as to how i could word it?
  6. Quick update, just got some further legal advice and this lawyer actually deals with these type of cases, he says that it's okay not to lodge a defence as the strength of the letter from the banks solicitors is such that i'm covered. So that's helped me a bit. i think i will however, write a letter to the courts explaining what is going on with my CCA request and the lack of a response to date. Hopefully this will be added to the papers and made available to the sheriff should a request to minute for decree be asked for. It seems that if i lodge an intetion to defend it sets off a whole chain of events that include a date for the actual hearing, defence papers having to be lodged within 14 days and appearances in court by solicitors. All this is too costly for me and as i actually have a job i don't qualify for any legal aid.
  7. Thanks again Rory, Its not looking good, as all the advice i've received from various solicitors is that it is entirely up to me whether i lodge an "intention to defend" the action against me. None of them so far see any advantage in pursuing the lack of CCA as a defence, and want me to decide. The fees can get very costly up to £165 per day if they represent me in court so i have to make sure i chose the right option. Furthermore it seems that there are only a couple of Solicitors here in the capital that actually specialise in this are of law which i suppose is why they charge so much. I'm distraught at all this as i just want the legal action to stop and it seems it won't unless i pay a Solicitor (which at up to £165 per day, i can't afford to), and take a chance on winning. What if they produce a signed CCA after i have lodged my intention to defend? I'll get stung for all their legal costs as well as my own and still be in the mess i'm in. The 30 day period for them to produce the CCA is up on 30 November too late for me to do anything then as well.
  8. Thanks again Rory, Do you think the lack of a CCA will hold in my case as this is not an old debt, (although i have had the card for a number of years) would a sheriff be inclined to think that as i have used the card ie earlier in the year, i should pay the debt, and as such i would then have court costs to pay as well. I've checked my statements and they don't really owe me much in they way of charges as until earlier this year there was no problem, so i can't really use that as leverage.
  9. Hi Rory, just a quick update, i've had some legal advice and it seems that i can lodge with the court either a request for time to pay, or my intention to defend. If i choose the later i pay the fee and then i will have two weeks to produce my papers re defending the action. The problem i have now is that i am still waiting for my CCA, and the other information i requested from Yuill & Kyle in my recorded delivery letter sent on 1 November 2008 (the style you suggested). As a result I don't really have anything to present as a defence. Now it seems that if i dont lodge something with the courts on Friday (14 November). The advice i have had is that if i want to preserve my position i have to lodge my intention to defend the action and engage a solicitor to act on my behalf (this is when i will start to incurr court costs etc). HOWEVER, i have now received a letter from the banks solicitors (Jeremy Sutcliffe & Co), stating that upon taking their clients instructions they can confirm that any legal proceedings against me are currently on hold, and they are to refrain from minuting to the court for Decree at this present time. Their client has further advised that they are to await their further instructions in this instance. I am cautious now as i think they have put things on hold because they have not complied with my CCA request but if i do nothing it means that they could, at any time after 14 November apply to the courts to grant them a minute of decree in absence, putting them in a win win situation. Have you any idea if this is normal or are they using some underhand tactics to ensure that i don't lodge an intention to defend and they can after that get a decree granted? I've dug out all my statements and they go back 8 years but i think ii've had the credit card a bit longer than that, and i am going to apply to get any charges back, but i'm not sure if i should trust them.
  10. Thanks Rory, I'm seeing a Debt advisor, as after explaining my problem they said that this is what i needed to do. I'll cancel my appointment and get a solicitor. I'm sorry, I'm getting in a real mess with everything at the moment as i'm really stressed about it all. I'll try and get an appointment with a solicitor who deals with consumer debts as you suggest. thanks again for your help
  11. Hi Rory, just to let you know that i went to Edinburgh Sheriff court today and the case has not been sisted. It looks like despite the assurance contained within my letter they have not sisted the legal action. I have managed to get an appointment with the CAB but i ned to wait until wednesday to see someone. I'll keep you updated though. Can i ask a question about the 12 working days they are allowed to produce a CCA. What should i do after the 12 days have expired, should i write again or do i wait a while longer?
  12. Thanks, i will check with the court first thing. Do you know if when a cases is 'sisted' is it usually for 8 weeks as per the letter i received, or do i need to ask the court for how long it is on hold for?
  13. Thanks again Rory for your help, I tried to arrange a solicitor today but it seems i have to wait until monday as none were available. i've still not received a copy of the CCA as requested in my letter to Clydesdale Bank Mastercard, however, what i did receive today was a letter apologising that i found it necessary to raise a complaint, and stating that the relevant department has received my Consumer Credit Act request and are currently dealing with the matter and it goes on to say " I understand that the court issued correspondence pertaining to the legal action however, i can assure you that such action has been sisted pending the response to your request under the Consumer Credit Act" and also states " if we do not receive a response from you within eight weeks of the date of this letter, your compliant will be considered closed" The letter is dated 31 October 2008. Is this normally what they would do? or do you think something else is going on? I received this letter after i had sent off ,by recorded delivery, the letter you suggested in your earlier post.
  14. Thanks again, one final question, do i send the letter to the Clydesdale Bank as they are the Pursurers or their agent as indicated on the writ ie Yuill & Kyle Solicitors
  15. Thanks again Rory, i will change the letter. Re my disposable income, will this be my own disposable income or my husband and my joint disposable income. The reason i ask is that we are not in a good position finacially although with the exception of this debt we manage to pay everything else however, we do rely heavily on any overtime that is available and help from our family to get by. We do not have any disposable income each month it all goes out, in fact without any overtime payments we owe more out than we make.
  16. I will do, can i ask if i can change your letter to ask for the information within 7 days as i need to respond to the sheriff court by 14 November, or should i leave this to a solicitor. Also is it worthwhile giving Clydesdale Bank a call to see if we can sort something out without the need to go to court?
  17. Thank you so much Rory, i will send the letter tomorrow by recorded delivery and try and make contact with the CAB. thanks again:)
  18. Can anyone offerme any advice? I need to make a decision soon, either admit the debt and ask to make payments or defend/dispute as i have not received the CCA and other info i requested. please please please, can someone look at my problem and give me some advice thanks
  19. Hi i'd be really grateful for some more advice re the citation i received. :confused:i've also not yet received my CCA from Clydesdal Bank Mastercard, can anyone tell me what i do now? is the absence of a CCA grounds for me to dispute the action? will a sheriff court judge dismiss their claim if they do not have a signed CCA?
  20. Thanks Rory, i can't remember the year i got the Credit card i think it was 2004 or possibly before then. There will be alot of charges on the account as i have not paid anything since Feb. I don't thin i did receive a default notice but i will check, i'm pretty sure i did'nt though. As i said i wrote to the Credit card company and explained my situation but to no avail. What do you suggest i do, i have until 14 November to get back to the court and i'm not sure what i should do. The 12 days given to them to produce my CCA runs out on Monday as i sent the letter to them recorded delivery on 14 October. What do i do if nothing arrives on Monday? If they have no signed agreement will the courts dismiss their claim? What should i do?l
  21. Hi Rory, The initail writ gives the banks name etc as Pursuer and and my name as Defender and says; The pursuer craves the court to grant Decree against the defenders for payment to the Pursuer for the sum of nin thousand six hundren and forty five punds and forty six pence sterling with expenses CONDESCENDENCE 1.The parties are designed in the instance 2. The defender resides at XXXXX. The defender has been resident there for more than 3 months immediately preceding the raising of this action. The nature and circumstances of the Defenders residence indicate that the Defender has a substantial connection with Scotland. This ground of juristiction of the court is the domicile of the Defender in terms of section 41 (or Section 42) of the civil jurisdiction and judgements act 1982. To the knowledge of the Pursuers no proceedings are pending before any other court involving the present cause of action and between the parties hereto. The Court accordingly has jurisdiction. 3 The Pursuers advanced monies to the Defender in respect of a Mastercard - Credit Card agreement account number XXXXX. Averred the DEfender has been in default of the agreement resulting in the full balance thereof being due and resting owing to the Pursuers. As at 6 October 2008 the total balance is now £9,645.46 which is the sum sued for. The Defender has refused or at least delayed to make payment of the said sum due. This action is accordingly necessary PLEA IN LAW 1. the pursuers having advanced monies to the Defender as condescended upon, are entitled to payment of the price thereof 2. The sum sued for being due and resting owing by the Defender to the Pursuers in respect of the said monies, as condescended upon, Decree should be pronounced as craved. 3. The Defenders being in breech of the parties agreement, and the sum sued for being due in terms thereof, Decree should be pronounced in favour of the Pursuers as craved. IN RESPECT WHEREOF Yuill & Kyle Solicitors 79 West Regent Street Glasgow G2 2AR PURSUERS AGENT
  22. Hi Rory, the citation was sent by recorded delivery and it is an inital writ and warrant together with forms 03 (applicaiton for time to pay direction) and form 07 (notice of intention to defend).
  23. Hi Guys, This is my first post here and i'm really desparate for some help. I've just signed for a citation regarding a credit card debt that i cannot afford to pay. The Credit card is a clydesdale bank mastercard and I wrote to them in march this year to say i was having trouble and would they look at stopping the interest for a period of 6 - 8 months to help me get back on my feet and maybe take a token payment of £25 per month in the interim. The reason for his was my mortgage was due to be changed and i wanted to draw down extra to pay off the credit card. I received nothing back from them until a few months later i received a letter from Jeremy Sutcliffe solicitors asking for full payment. I called them and explained i had written to the credit card company but they advised me the debt had been passed to Brunswick collection services for collection. I called them and they wanted a breakdown of everything i owed to see if a payment plan could be agreed. I started looking at what i owed and to whom, but i started being bombarded with telephone calls almost hourly by brunswick collections asking for me to make contact. I had to unplug the phone as this was upsetting not only me but my children. time went by and i suppose i tried to ignore the debt as with no phone ringing i forgot about it for a while. then on 2 October Jeremy sutcliffe wrote to me again and said that they had instructed Yuill & Kyle solicitors here in scotland to raise an action against me for recovery of the amount (£9,500 approx), i found this site and used one of the templates to write to the credit card company on 14 October and ask for a copy of the signed credit agreemane and notice of assignations together with a request for cessation of any debt enforcement action until my query has been resolved. However, I have not received anything from the credit card company yet and i've received the citation this morning and i'm at a loss what to do. Can anyone offer any advise???
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