Well done, glad to hear its over. Its hard and stressful to do it yourselves. I went through 4 different credit cards company. I still get letters from different debt companies from uk chasing me for the debt, even thogh its been through courts.

I think that Any adjustment of claim has to lodge by Incidental Application under Summery cause rules 13.1 (see below) 13.1. (1) The sheriff may, on the incidental application of a party, allow amendment of the summons, form of response, counterclaim or answers to a counterclaim and adjust the note of disputed issues at any time before final judgment is pronounced on the merits. (2) In an undefended action, the sheriff may order the amended summons to be re-served on the defender on such period of notice as he thinks fit. (3) Paragraph (1) includes amendment for the following purposes:- (a) increasing or reducing the sum claimed; (b) seeking a different remedy from that originally sought; © correcting or supplementing the designation of a party; (d) enabling a party to sue or be sued in a representative capacity; and (e) sisting a party in substitution for, or in addition to, the original party. (4) Where an amendment sists an additional or substitute defender to the action the sheriff shall order such service and regulate further procedure as he thinks fit. Email the solicitors and point out this rules. If you had a solicitors acting for you, your solicitors would point this out and object this. Sorry, i quoted you for SUMMERY CAUSE RULES. The ORDINARY CAUSE (under rules 18) should be the same.

Hi, Just look at my file for MBNA, sorry Stress, the Solicitors was OPTIMAL LEGAL, but all these are tarr with the same brush. I had Yuill and K. with my other credit cards. All my cards was taken out before 2000 , all was sold on to the bottom feeders.

I think its same as yours.

Hi StressBall, I just seen your so call agreement . They did the same to me as well, by attaching a Credit Card Application form, but with mine , it was a blank form. Even the copy of the form was unable to read, the copies was badly copied. At this stage the Solicitors is trying to scare you. If you do get to the stage where you are given a proof hearing , then you must stand up and opposed the agreement. I did get to the stage where i was given a proof hearing, but on the day of the hearing, they offered to withdrew the case if i agreed to pay £1.00. This was my first case with the Bank, knowing now, i should have refused to pay the £1.00 but instead to claim for expenses for withdrawing the case on the day, which i could have done.

Hi, thank you for comment. I have already register the two judgment in the high courts in England, (i live in Scotland). This person is a very close family member, the scottish judgement is alive for 20 years. I have to much going at the moment, i will deal with this one later. I know the bailiff action is different in England, Scotland dont have baliffs. I have seen it on the TV about the English Baliffs , they cant do this up here in Scotland. Pancake

Hi Tigercub, Any update with your thread. I have been reading with interest. Just received my Calling Notice Today. PK

The sheriff can’t accept any evidence at this stage of the hearing or make judgment because you are challenging and disputing the claim, that is why you have been sent a further hearing and the sheriff might announce his decision at that time. The other side will have to come up with a credit agreement documents 14 days before the hearing. With me, MBNA put a copy of credit agreement which you could not read and did not have my name or any signature. Just a copy of the blank agreement. The advantage of been a defender, you will see what evident (productions) that they going to use in court, then you have time to prepare what you are going to say in court. Have you put in the incidental application requesting documents? If you have not as yet, put in one now, you will get a hearing date before the proof hearing, which you and them have to turn up for the application. I have sent you a private message, .

Hi, When is your evidentiary (proof) Hearing? Do you have any docoments from the solicitors? The solicitors and yourselves have to lodge documents 14 DAYS BEFORE THE HEARING. Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993 Chapter 29. Lodging productions 29.11. (1) Where a proof has been allowed, all productions which are intended to be used at the proof shall be lodged in process not later than 14 days before the diet of proof. (2) A production which is not lodged in accordance with paragraph (1) shall not be used or put in evidence at a proof unless— (a) by consent of parties; or (b) with leave of the sheriff on cause shown and on such conditions, if any, as to expenses or otherwise as the sheriff thinks fit. I'm sorry to hear that the Sheriff was unfair to you , i had a good sheriff with all my court hearings. I could help you with this. I had to go through the proof hearing with MBNA, But MBNA withdraw at the hearing, along with all the others that tried to sue me in court. Putting copies of the production to lodge in court is no that difficult , if you want help, give me a shout. The Sheriff is testing you and to see if you still denied the debt. Because you denied the debt, the solicitors is now in sh..t street. On the day of the hearing, they have to put on the table what evidents/documents that they going to reley on. They must give you a copy to you 14 days before the hearing, you have a good idea if you going to suceed. You also have to put what you have as well. I can advise you how to put the list together. The other side cannot add any documents or admend after the 14 days. Pancake.

Well done, good on you. Glad to hear that they paid up. I have Been rip off in the past many times. As i got older , i 've learnt to deal with the situation and not scare to complain . You have to have courage to stand up to companies who crosses the line. If you know they are wrong, fight for your rights. I tell you , i dont put up with Sh..t anymore.

Which one do you want me to start? I do have a few stories I can tell. The problem is my grammar is not that good to put my experience on paper. I have been away for past few years, staying with my daughter in Australia to help her set up a business and also help her with the kids. I had to come back to sort out my bank who has a charge on my property. This story I can’t tell at the moment, because this one is still ongoing. From 2009 -2012 I appeared in my local sheriff court at least 22 or more times. One case took me 14 court appearances to win. This person owed me £3,000.00 and refused to pay me back. I sue him twice; the other amount was £2,500. Second time round was a little bit easy, only 6 court appearance ,as it was like a carbon copy of the first case. His solicitors made a bundle from him, I think around £9,000.00 in fees. Yes £9000.00, he could have paid me in the first place. I still have not been paid yet, the 8% interest is adding on these two judgment. This person lives down South and still refused to pay his judgment. I write to him every 6 months and remained him the balance; so far the debt has go up from £5,500.00 to £8,500.00. I been also sued by 4 different card provider through the small claims court and I manage to win by sticking to my guns , knowing procedural requirements and understanding the concept of evidence , and what you need for it to prove a factual matter. I had to put my head down and did a lot of reading. The sheriff was surprise with me, because I had all the rules type out ready quote to him and the other side solicitors . He was very good and understanding judge. When you are acting for yourselves in a small claims court, as a party litigants you tend to put things across on a personal level than if you had the solicitors acting for you. You don’t expect to use technical terminology. The most nervous time for me was when I had to examined my witness with questioned. I was anxious for days, thinking the entire question to ask him. I got through it ok. I did tell you it a long story.

Thank you. I had a bit of a rough time with my bank since 2008 and the bank have made me tough. I am still not finished with them yet. I am 59 year women who will not let anybody bully me. I also took my local NATIONAL TYES to court and sued them for £2,000.00 and won. They refused to replaced parts that was faultly. (long story).

Thanks Stressball . This is what you want to hear from the Sheriff ‘’I shall therefore grant decree of absolvitor’’ If the sheriff grants 'decree of absolvitor' it means that they've decided that the defender has won the case. It means that it's the end of the matter and the pursuer can't raise another action about the same thing.

Gladly to help. I wish I was here to help you earlier. I can only tell you what I experience in court myself. At the moment I am dealing with a much more complicated issue with my business secure loans and overdraft. It’s at the early stage of the threats by the bank solicitors. I can’t say too much at the moment, because they might be reading my thread. I will reveal my experience with this one later on. The bank solicitors are in Glasgow. I will need to find an appointed Lay Representative to help me. I have already spoken to someone regarding this. Repossession law in Scotland is quite a lot to read and complex, so I will be struggling with this. I have done a lot of reading of pass court cases, so I can get the feel what might be the outcome to my case. And also to understand some of the technical terminology and procedural requirements. You can get all this from BAILII database website for the Scottish Court Decisions. This has taken over my life for the past 8 years with the bank It’s on my mind day and night. I can’t sleep so that is why I do a lot of reading at night. I feel like a matured students studying Scottish law. It’s harder to remember at my age (59), so a lot of information that I come across is store in files and on my computer.

The Solicitors knows right from the begining that they have to show some sort of proof of the debt . To them , they are getting paid to scare you off, so at the early stage of the action they are testing you as a party litigant whether you can spot what they are doing and also see if you contest the action to the Sheriff at the first calling hearing. I went through all that at the first calling , i contested the claim because of no credit agreement or any documents to support the debt. Because the oher side had solicitors , the sheriff had to set a proof hearing for all parties to give the evidence. when the proof hearing is set, (normally in two months time), both sides have give PRODUCTION/DOCUMENTS before the hearing. With me, they all withdrew before the hearing because they did not have the documents. Just to let everybody know i took out these credit card around 1995 i was only paying the min. amount, over the 14 years i must have paid thousands and thousands to them. 2009 I went into debt and could not afford the payment anymore, i did have payment plan with all of them. After one year they decide to sell the debt on. When i found out, i stop all payment to all of them.

Small claims is a court procedure that is designed to deal with simple civil cases where the claim is worth £3,000 or less. Summary cause procedure deals with claims over £3,000 and up to £5,000. It can also be used for cases that are too complicated for small claims but not complicated enough for ordinary cause procedure. If your landlord is taking you to court to try and evict you, they must use the summary cause procedure. Ordinary cause action is a court procedure that deals with claims worth more than £5,000 or civil cases in the sheriff court that involve complicated law. So, if a case is too complicated for small claims and summary cause, it'll be dealt with under ordinary cause. For example, divorce is dealt with under ordinary cause procedure. The Ordinary Cause Rules set out the whole procedure. If a case is too complicated for the sheriff court, or if a claim for a lot of money is involved, it'll go to the Court of Session. However, this isn't likely to happen if your case is about housing law.

Below useful information to have and to read. You can quote any rules to the Sheriff but as Sgianthebard mentioned the Sheriff has the power to override the rules, but the sheriff also have to quote that rules as well to override it. As I said before I have been in the foot of a Pursuer in two claims with Solicitors acting for the Defender . The other side solicitors was throwing all the rules in the books and past court cases (authoritries ) , the sheriff in both of my cases override the rules and let me carry on with my claim. It was only a small claims hearing. Let’s hope you have an understanding Sheriff that sitting at your court. Did you manage to get legal aid? Have you got a solicitor?. Dismissal of actions due to delay 14. After rule 15.6 of the Ordinary Cause Rules (motions to sist)(20) insert— “Dismissal of action due to delay 15.7.—(1)Any party to an action may, while that action is depending before the court, apply by written motion for the court to dismiss the action due to inordinate and inexcusable delay by another party or another party’s agent in progressing the action, resulting in unfairness. (2)A motion under paragraph (1) shall— (a)include a statement of the grounds on which it is proposed that the motion should be allowed or as the case may be; and (b)be lodged in accordance with rule 15.1. (3)A notice of opposition to the motion in FormG9 shall include a statement of the grounds of opposition to the motion. (4)In determining an application made under this rule, the court may dismiss the action if it appears to the court that— (a)there has been an inordinate and inexcusable delay on the part of any party or any party’s agent in progressing the action; and (b)such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of that action. (5)In determining whether or not to dismiss an action under paragraph(4), the court shall take account of the procedural consequences, both for the parties and for the work of the court, of allowing the action to proceed.”. 15. After Chapter 22 of the Summary Cause Rules (decree by default) insert— “CHAPTER 22ADISMISSAL OF ACTION DUE TO DELAY Dismissal of action due to delay 22A.1.—(1)Any party to an action may, while that action is depending before the court, apply by written incidental application to the court to dismiss the action due to inordinate and inexcusable delay by another party or another party’s agent in progressing the action, resulting in unfairness. (2)An application under paragraph(1) shall include a statement of the grounds on which it is proposed that the application should be allowed or as the case may be. (3)In determining an application made under this rule, the court may dismiss the action if it appears to the court that— (a)there has been an inordinate and inexcusable delay on the part of any party or any party’s agent in progressing the action; and (b)such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of that action. (4)In determining whether or not to dismiss an action under paragraph(3), the court shall take account of the procedural consequences, both for the parties and for the work of the court, of allowing the action to proceed. (5)Rule9.1 shall, with the necessary modifications, apply to an application under paragraph(1).”.

sorry,. Posted the wrong one

You must bring to the attention to the judge(sheriff) that you want the hearing dismissed because they have not complied with the rules. You must quote the rules to the judge, with me i printed the rules out and showed it to the judge and the solicitors. Becuase you are Litigants in person , the judge is not going to tell you the rules, you have to know them before going to court. I was lucky, i had a very good sheriff that was very understanding, gave me time to put my case across. I also claimed against a person who owed me money £3000.00 and £2500.00 and i manage to win in the end with extra expenses. I had to fight with a solicitors, his client end up paying him fees more than i was claiming. It was quite hard and i did struggle at times, i think becuase i was a women acting for myself , the other side thinks that i will break down and give up.(very long story). So now i had a little taste of been a Pursuers and a Defender. I'ts harder to be a Pursuers because the onus is on you to prove that the other side is guilty . If your other side denies that they owes you money , having their solicitors throwing everything at you. You have to read and get to know the rules and have evidence ready to prove the factual matter. I had to do a lot of reading. The judge that was sitting at my local court is now retired, there is a new one sitting which i have not come across yet. I am still in dispute with a bank who i have a secure loan with and now they have decided not to deal with me anymore, they have passed the matter to their scottish solicitors to hound me.

Hi stressball, I have paste below from the Scottish legistation wesite ( www. legislation.gov.uk/ssi/2009/294/made )regarding new rules for regulated agreement. Scottish Statutory Instruments 2009 No. 294 Sheriff Court Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 Made 18th August 2009 Coming into force in accordance with paragraph 1(1) and (2) The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971(1) and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare: Citation, commencement and interpretation 1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 and, subject to subparagraph (2), comes into force on 1st October 2009. (2) Paragraphs 2 to 7 come into force on 1st December 2009. (3) This Act of Sederunt is to be inserted in the Books of Sederunt. (4) In this Act of Sederunt— “the 1988 Rules” means the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(2); “the Ordinary Cause Rules” means the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907(3); “the Summary Application Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(4); “the Summary Cause Rules” means the Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 2002(5); and “the Small Claim Rules” means the Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 2002(6). Time to pay directions and time orders 2.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs. (2) After rule 3.2 (actions relating to heritable property) insert— “Actions relating to regulated agreements 3.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974(7)— (a)the initial writ shall include an averment that such an agreement exists and details of that agreement; and (b)a copy of the regulated agreement shall be attached to the initial writ.”. (3) In rule 7.3 (applications for time to pay directions or time orders in undefended causes)— (a)after paragraph (2) insert— “(2A) As soon as possible after the application of the defender is lodged, the sheriff clerk shall send a copy of it to the pursuer by first class ordinary post.”; and (b)for paragraph (4) substitute— “(4) Where the pursuer objects to the application of the defender made in accordance with paragraph (2) he shall on the same date— (a)complete and lodge with the sheriff clerk Form O3A; (b)minute for decree in accordance with rule 7.2; and ©send a copy of Form O3A to the defender. (4A) The sheriff clerk shall then fix a hearing on the application of the defender and intimate the hearing to the pursuer and the defender. (4B) The hearing must be fixed for a date within 28 days of the date on which the Form O3A and the minute for decree are lodged.”. (4) In the Schedule, for Form O3 (form of citation where application for time to pay direction and time order may be made) substitute the forms set out in Schedule 1 to this Act of Sederunt. 3.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs. (2) In rule 2.4 (the initial writ)(8), after paragraph (4) insert— “(4A) In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974— (a)the initial writ shall include an averment that such an agreement exists and details of the agreement; and (b)a copy of the regulated agreement shall be lodged with the initial writ.”. (3) In rule 2.22 (applications for time to pay directions or time orders)— (a)in paragraph (2)(b) for “seven” substitute “14”; (b)for paragraph (3) substitute— “(3) On lodging an application under paragraph (2)(b), the defender shall send a copy of it to the pursuer by first class ordinary post. (4) Where the pursuer objects to the application of the defender lodged under paragraph (2)(b) he shall— (a)complete and lodge with the sheriff clerk Form 5A prior to the date fixed for the hearing of the summary application; and (b)send a copy of that form to the defender. (5) The sheriff clerk shall then fix a hearing in relation to the application under paragraph (2)(b) and intimate the hearing to the pursuer and the defender. (6) The sheriff may determine an application under paragraph (2)© without the defender having to appear.”. (4) In Form 4 in the Schedule (form of warrant of citation etc.), in paragraph (b), for “seven” substitute “fourteen”. (5) For Form 5 in the Schedule (form of notice etc.), substitute the forms set out in Schedule 2 to this Act of Sederunt. 4.—(1) The Summary Cause Rules are amended in accordance with the following subparagraphs. (2) After rule 4.2 (statement of claim) insert— “Actions relating to regulated agreements 4.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974— (a)the statement of claim shall include an averment that such an agreement exists and details of the agreement; and (b)a copy of the regulated agreement shall be attached to the summons.”. (3) In rule 7.2 (application for time to pay direction or time order)— (a)after paragraph (1) insert— “(1A) The sheriff clerk must on receipt forthwith intimate to the pursuer a copy of any response lodged under paragraph (1).”; (b)in paragraph (2), for “two days” substitute “9 days”; and ©for paragraph (4) substitute— “(4) If the pursuer wishes to oppose the application for a time to pay direction or time order made in accordance with paragraph (1)(a) he must before the time the sheriff clerk’s office closes for business on the day occurring 9 days before the calling date— (a)lodge a minute in Form 19; and (b)send a copy of that minute to the defender.”. (4) For Form 1a (summons) in Appendix 1 substitute the form set out in Schedule 3 to this Act of Sederunt. (5) For Form 19 (form of minute) in Appendix 1 substitute the form set out in Schedule 4 to this Act of Sederunt. 5.—(1) The Small Claim Rules are amended in accordance with the following subparagraphs. (2) After rule 4.2 (statement of claim) insert— “Actions relating to regulated agreements 4.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974— (a)the statement of claim shall include an averment that such an agreement exists and details of the agreement; and (b)a copy of the regulated agreement shall be attached to the summons.”. (3) In rule 8.2 (application for time to pay direction or time order)— (a)after paragraph (1) insert— “(1A) The sheriff clerk must on receipt forthwith intimate to the pursuer a copy of any response lodged under paragraph (1).”; (b)in paragraph (2) for “two days” substitute “9 days”; and ©for paragraph (4) substitute— “(4) If the pursuer wishes to oppose the application for a time to pay direction or time order made in accordance with paragraph (1)(a) he must before the time the sheriff clerk’s office closes for business on the day occurring 9 days before the hearing date— (a)lodge a minute in Form 13; and (b)send a copy of that minute to the defender.”. (4) For Form 1a in Appendix 1 (summons) substitute the form set out in Schedule 5 to this Act of Sederunt. (5) For Form 13 in Appendix 1 (form of minute) substitute the form set out in Schedule 6 to this Act of Sederunt. 6. But the Ordinary Cause Rules, Summary Application Rules, Summary Cause Rules and Small Claim Rules as they applied immediately before 1st December 2009 continue to have effect for the purpose of any application for a time to pay direction or a time order made in connection with an initial writ or summons, as the case may be, lodged before that date. Return, calling and hearing dates 7.—(1) In rule 4.5(7) of the Summary Cause Rules (period of notice), for “seven days” substitute “14 days”. (2) In rule 9.1(3) of the Small Claim Rules (the hearing), for “seven days” substitute “14 days”. (3) But rule 4.5(7) of the Summary Cause Rules and rule 9.1(3) of the Small Claim Rules as they applied immediately before 1st December 2009 continue to have effect for the purpose of any summons lodged before that date. pancake.

Hi, Stressball, I been what you have been through 7 years ago. Sorry i was not here to help you when you started your thread, i been away living abroad for the past three years and i only just come back. i acted for myself for 4 different claims against me in my local court (scotland) from my creditors (all credit cards). All these claims did not have paper work available . My first case was with MBNA, who did not go all the way to the proof hearing, but offer to withdraw if i pay £1.00 and case was finished. The other 3 creditors withdraw their case when they were presented with I.A. Your solicitors should know that if they dont have the right documents , they cant go any further. There is a thread by idainfife on 2nd october 2009 : Credit agreements in Scotland from 1st Decemeber 2009 Scottish court change ‘threatens recovery’ - 02/10/2009 Creditors and debt buyers will be unable to recover debts through the Scottish courts unless they have copies of regulated agreements, under new rules. Experts are calling on those who use the Scottish courts to send representation to the Sheriff Court Rules Council, which initiated the change to the court rules. The change is due to be implemented on 1 December. From then, court actions regulated by the consumer credit Act 1974 will require a copy of the regulated agreement which will have to be attached to the writ or summons. The council’s secretariat has told solicitors that individual sheriffs will take their own view as to what constitutes a copy and they may require a photocopy of the agreement rather than a ‘reconstituted copy’. Stephan Cowan, managing partner of Yuill & Kyle Solicitors, said this is surprising as creditors are usually required to provide ‘true copies’. "A true copy does not mean an exact copy and there is case law to support this," he said. The impact on lenders and debt purchasers could be significant as many financial institutions are only able to provide a ‘reconstituted copy’ – repopulating a template from computer records. They are bound to litigate in the debtor’s domicile and so would not be able to recover those debts. The stance also differs from that taken by the Office of Fair Trading, which states that creditors must provide ‘true copies’ under sections 77 and 78 of the Consumer Credit Act and accepts reconstituted copies as valid. The Rules Council is meeting on 6 November and has said it is willing to receive representations from creditors and industry groups concerned about the change. It can be contacted at [email protected] k (0131 221 6766) or by letter at: The Secretary, Sheriff Court Rules Council, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ. There is also an article written by YUILL & KYLE (BANKS SOLICITORS) that i have pasted for your to read: Scottish court change threatens recovery' At the beginning of this week we highlighted important court changes in the pipeline. Following on from this, please see the below Credit Today article for Stephen Cowan´s views on the implications these changes will have. Scottish court change ´threatens recovery´ Creditors and debt buyers will be unable to recover debts through the Scottish courts unless they have copies of regulated agreements, under new rules. Experts are calling on those who use the Scottish courts to send representation to the Sheriff Court Rules Council, which initiated the change to the court rules. The change is due to be implemented on 1 December. From then, court actions regulated by the Consumer Credit Act 1974 will require a copy of the regulated agreement which will have to be attached to the writ or summons. The council´s secretariat has told solicitors that individual sheriffs will take their own view as to what constitutes a copy and they may require a photocopy of the agreement rather than a ´reconstituted copy´. Stephen Cowan, managing partner of Yuill + Kyle Solicitors, said this is surprising as creditors are usually required to provide ´true copies´. "A true copy does not mean an exact copy and there is case law to support this," he said. The impact on lenders and debt purchasers could be significant as many financial institutions are only able to provide a ´reconstituted copy´ - repopulating a template from computer records. They are bound to litigate in the debtor´s domicile and so would not be able to recover those debts. The stance also differs from that taken by the Office of Fair Trading, which states that creditors must provide ´true copies´ under sections 77 and 78 of the Consumer Credit Act and accepts reconstituted copies as valid. The Rules Council is meeting on 6 November and has said it is willing to receive representations from creditors and industry groups concerned about the change. It can be contacted at [email protected] (0131 221 6766) or by letter at: The Secretary, Sheriff Court Rules Council, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ. Best regards, Stephen Cowan Managing Partner Yuill + Kyle Debt recovery + Credit control Lawyers, Scotland [email protected] W: http://www.debtscotland.com/ T: 0141 331 2332 Debt Recovery Ignited! Stressballs, if you need more help you email me.

Hi, below i have paste information from the Scottish gov. website. If you are thinking of defending a repossession procedure and that you are not able to get legal aid, you cant afford a solicitors, you can get a Lay Representation to speak on your behalf. You can contact the Scottish Shelter to help you. At the moment i am at the early stage with my bank, they are threathening me with calling up notice if i dont pay up debt over £200,000.00 ( 3 accounts ) two account they cannot produce credit agreement documents. This dispute being going on for 6 years. Home Owner and Debtor Protection (Scotland) Act 2010: Guidance on Lay Representation Introduction/Background 1. This guidance relates specifically to section 24E of the Conveyancing and Feudal Reform (Scotland) Act 1970 (the 1970 Act) and section 5F of the Heritable Securities (Scotland) Act 1894 (the 1894 Act), as introduced by the Home Owner and Debtor Protection (Scotland) Act 2010 ("the 2010 Act"), and the Lay Representation in Proceedings relating to Residential Property (Scotland) Order 2010 (the Order), which allow for the lay representation of home owners and entitled residents in court proceedings for possession of residential property (including recall proceedings). 2. In early 2009, in response to the economic downturn and consequent rise in repossessions, the Scottish Government convened a Repossessions Group, as a sub-group of the Debt Action Forum, to consider whether protection for Scottish home owners facing repossession was sufficient. Members of the Group represented a wide range of interested parties, including representatives from the Council of Mortgage Lenders, the Finance and Leasing Association, the Scottish Law Commission, Shelter, Citizens Advice Scotland and the Scottish Legal Aid Board. The Group made a number of recommendations to strengthen protection for home owners, which were taken forward through Part 1 of the Home Owner and Debtor Protection (Scotland) Act 2010, to: require all repossession cases to call in court; require lenders to demonstrate to the court that they have considered reasonable alternatives to repossession; and enable home owners to be represented in court by approved lay representatives. 3. Paragraphs 5.3 to 5.14 of the Repossessions Group Final Report, published in June 2009, recognised that the repossessions process, in particular a court appearance, can be intimidating for home owners faced with repossession. The Group acknowledged that there was a need to improve arrangements for assisting those individuals affected by the formal procedures, including better access to information, but also better access to the full range of appropriate advice and representation providers. It was felt by the Group that there were particular issues about enabling access to representation, and that the existing restrictions on rights of audience exacerbated problems. Individuals who did not qualify for legal aid and could not afford to instruct a solicitor were faced with the prospect of appearing at court as an unrepresented litigant. The Group recognised that non-solicitor advisers were limited in what they could do in such cases, and identified that it would be helpful if experienced providers of lay advice and representation, where appropriate, were allowed to play a larger role in helping unrepresented litigants in the court process. 4. To tackle these issues, the Group recommended that there should be statutory change to enable home owners to have the option of being represented in court by approved lay representatives as well as solicitors. This would make the court process more accessible and encourage more people to take advantage of the legal protection on offer. 5. Section 24E(1) of 1970 Act and section 5F(1) of 1894 Act allow for the debtor or entitled resident to be represented by an approved lay representative in court proceedings in relation to a creditor's application to exercise the remedies available on default by the debtor in respect of a security over residential property, including repossession, (extending to recall proceedings under sections 24D and 5E respectively of those Acts), except in the circumstances which are prescribed by Scottish Ministers. 6. Secondary legislation prescribes those persons and bodies which may approve lay representatives. Those individuals approved as lay representatives will be required to satisfy the Sheriff throughout the proceedings that they are a suitable person to represent the debtor or entitled resident and that they are authorised to do so by that individual. 7. The provisions introduced by the 2010 Act essentially introduce rights of audience for approved lay representatives to defend proceedings related to applications for creditors' remedies on default, including repossession. It should be noted that the Act does not confer an automatic right on debtors and entitled residents to such representation, nor does it mean that an approved lay representative is obliged to participate in all proceedings. Nor can an approved lay representative act for a creditor. 8. This guidance is primarily directed towards those persons or bodies who are prescribed for the purpose of approving lay representatives, but is also relevant for approved lay representatives. The guidance explains the role of a lay representative and the competences expected of an approved lay representative. It is intended to aid prescribed persons or bodies in approving lay representatives. 9. The guidance sets out advice on how prescribed persons or bodies should approach the approval process, and importantly how organisations should seek to manage the provision of lay representation so that the individual client receives appropriate assistance from the appropriate adviser. This may in some instances mean that it is more appropriate for the individual to receive assistance from a solicitor than from a lay representative due to the complexity or the type of case that is involved. What is a Lay Representative 10. Section 24E(3) of the Conveyancing and Feudal Reform (Scotland) Act 1970 , and 5F(3) of the Heritable Securities (Scotland) Act 1894 define a lay representative as an individual, other than an advocate or a solicitor, approved for the purposes of that section by a person or body prescribed, or of a description prescribed by the Scottish Ministers. That definition is filled out by Article 3 of the Order, as set out in paragraph 20 below. The Role of a Lay Representative 11. Previously, in repossession proceedings, there was a limit to what non-solicitor advisors could do. The only individuals with rights of audience to represent and participate in the proceedings were solicitors or advocates. The provisions introduced by the 2010 Act mean that lay representatives also have these rights of audience, so that any debtor or entitled resident involved in these proceedings can have a lay representative acting for them if they so choose. However, prescribed persons or bodies should ensure that approved lay representatives are clear about the extent to which they can and should be acting in any specific case or circumstance. Lay representatives should be clear about the point at which they are not competent to deal with a specific case or a particular aspect or legal process, and should refer cases where appropriate to a solicitor who is skilled and knowledgeable in this area, or to another lay representative with the relevant skills and knowledge either in their organisation or another advice agency. It is expected that lay representatives will not normally charge for their services. 12. Standard 4.3 in Section 1 of the Standards, refers to referral arrangements. It is recommended that approved bodies, whether accredited or not, adopt arrangements such as are envisaged by this standard. If in the opinion of the lay representative the circumstances are such that the individual would benefit from legal advice, they lay representative should consider referring the individual to a solicitor and remind the individual that they may be eligible for legal aid. The lay representative should therefore be familiar with the financial eligibility requirements 1 of legal aid. 13. The legislation defines the term "lay representative" for repossession proceedings, with a view to both protecting the debtor or entitled resident, and to ensuring that court business proceeds smoothly. Only individuals who have the appropriate skills and knowledge to understand the proceedings and to represent individuals effectively may be approved to act as lay representatives. Someone who does not understand the relevant court proceedings or legislation is not equipped to be able to represent the interests of debtors and entitled residents properly in court. 14. Other people such as a friend, spouse or colleague can in some instances attend court proceedings to support individuals but this is distinct from the active role of the statutorily defined lay representative, and they will not have the right to participate in repossession proceedings on behalf of the individual. Satisfying the Sherriff that you are competent to be a lay representative and authorised to do so. 15. Section 24E(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, and 5F(2) of the Heritable Securities (Scotland) Act 1894 require that an approved lay representative must throughout the proceedings satisfy the Sheriff that: he or she is a suitable person to represent the debtor or entitled resident; and he or she is authorised by the debtor or entitled resident to do so 16. In line with this requirement an approved lay representative will need to be prepared to demonstrate to the Sheriff that they are competent and authorised to appear before the Court as a lay representative. Approving organisations are encouraged to provide their local courts with a list of persons approved by them to act as lay representatives along with letters of confirmation of approval that individual lay representatives can show the Sheriff if required. This should be done in advance of any hearing in order to inform the Sheriff that such individuals are competent to appear in court. 17. It is strongly recommended that approved lay representatives also obtain written confirmation that they are authorised by the debtor or entitled resident to act on their behalf, which can similarly be provided as documentary evidence for the Sheriff if required. 18. Prescribed bodies or persons approving lay representatives should ensure that those individuals approved to act as a lay representative are aware that the Sheriff is responsible for ensuring efficient use of court time. This means if the Sheriff considers that the lay representative is not a suitable person to act on behalf of the debtor or entitled resident, and therefore that it is not in their interests for this person to continue to represent them, then the Sheriff may discharge the lay representative and they would no longer be able to take part in the hearing. 19. Such discharge and any resulting postponement of the proceedings would be extremely inconvenient for all concerned and the costs involved with postponing are likely to fall on the debtor. It is therefore important that approving organisations ensure that all lay representatives approved meet the criteria to demonstrate that they are competent. Prescribed persons or bodies for the purposes of approving lay representatives 20. Individuals can act as lay representatives so long as they are approved as such in accordance with the legislation, and are not barred from acting by virtue of article 12 or 13 of the Order (e.g. as a result of inadequate performance). Article 3 of the Order prescribes those persons or bodies which have the power to approve individuals to undertake lay representation. These are: Organisations with a current entry on the register of advice organisations established and maintained by the Scottish Legal Aid Board; Organisations which have been awarded accreditation at Type III level against the Scottish National Standards for Information and Advice Providers; Local Authorities; and Citizens advice bureaux which are full members of the Scottish Association of Citizens Advice Bureaux - Citizens Advice Scotland. 21. To ensure consistency and high standards, however, it is recommended that all prescribed persons or bodies pay close attention to the Scottish National Standards for Information and Advice Providers, when approving individuals as lay representatives. Scottish National Standards for Information and Advice Providers 22. The Scottish National Standards for Information and Advice Providers (hereafter referred to as 'the Standards') were compiled by the Scottish Government with the assistance of advice providers in the voluntary and statutory sectors. 23. The Standards are a framework for the development of effective and efficient services and were compiled in recognition of the fact that people choose to access information and advice from various s sources. 24. The Standards framework can be used by any advice provider to improve the quality of its advice service. The standards can be found here: http://www.scotland.gov.uk/Publications/2009/10/05112820/02 25. The Standards distinguish between three principal types of advice giving and intervention. These are: Type I - Active information, sign-posting and explanation; Type II - Casework; and Type III - Advocacy, representation and mediation at court or tribunal level. 26. There is a more detailed explanation of the Types given in the Standards manual. 27. The Scottish Government specifically directs prescribed bodies to certain standards within the Scottish National Standards for Information and Advice Providers for the purpose of this guidance, both in respect of organisational standards as well as those which relate to competencies of individuals. Procedure for approval of lay representatives 28. An individual wishing to act as a lay representative will require to make an application to the approving organisation. A person will not be able to make an application to an approving organisation if they have made an application to another organisation which has yet to be determined. 29. The consideration of an application by the approving organisations must have regard to the interests of persons who might seek to be represented by an approved lay representative. 30. The approving organisation's consideration of an application must also involve an assessment of the applicant's: (a) Knowledge and understanding of: (i)) Scottish legislation and common law in so far as they relate to housing and repossession and (ii) Court procedures and rules, specifically in relation to summary applications in the Sheriff Court (b) Competence at constructing and stating a case both orally and in writing © Advocacy skills, in particular in support and representation 31. The key competences that approved organisations will wish to take into account when assessing an individual's suitability for the role of lay representative are set out in more detail in paragraphs 42-51 below. The approving organisation must also obtain an undertaking that the applicant if approved to act as a lay representative will not act as a lay representative in any situation where this would place the applicant in a situation of conflict of interest, and that the applicant will respect client confidentiality. Training requirements 32. As part of the approval process, the approving organisation may provide an applicant with training in order to assist the lay representative to achieve a satisfactory level of knowledge, understanding, competence and skill in the areas outlined in paragraph 30. 33. Moreover, depending on the competency levels of the applicant, the organisation may need to consider an individual's training needs and arrange or provide training before being able to grant approval. Management and monitoring the performance of approved lay representatives 34. Prescribed persons or bodies have the responsibility of approving lay representatives and it is important that they have systems in place which also set out their own criteria for such approval of individuals. Furthermore such persons or bodies should also have organisational arrangements in place for managing the activity as part of their services. 35. It is recommended that prescribed persons or bodies, whether accredited or not, observe the organisational standards in Section 1 from page 9 of the Standards 3. Close attention should be paid to standards 2.1 - 2.6 4 and 4.1 - 4.7 5 in Section 1 of the Standards, with particular regard to delivering a Type III service on mortgage repossession work. 36. It is advisable that prescribed bodies develop an action plan showing how they intend to manage and deliver the particular elements of service delivery that will be carried out under the lay representation provisions. The organisation will need to be able to relate information about competence, training and supervision of staff to the specific category of circumstance that work will be carried out in. 37. The prescribed persons or bodies should put in place a system for monitoring the performance of individuals approved as lay representatives, paying particular attention to any complaints or concerns about their performance as lay representatives raised by Sheriffs, other court staff or clients, investigating any such complaints thoroughly (see paragraph 59). 38. Prescribed persons or bodies should ensure that approved lay representatives are clear about the extent to which they can and should be acting in any specific case or circumstance. They should be familiar with the financial eligibility requirements of legal aid and remind a debtor where appropriate that they may be able to employ a solicitor through legal aid funding. Lay representatives should also be clear about the point at which they are not competent to deal with a specific case or a particular aspect or legal process, and should refer cases where appropriate to a solicitor who is skilled and knowledgeable in this area, or to another lay representative with the relevant skills and knowledge either in their organisation or another advice agency. Standard 4.3 6 in Section 1 of the Standards, refers to referral arrangements. It is recommended that approved bodies, whether accredited or not, adopt arrangements such as are envisaged by this standard. 39. It is recommended that those persons or bodies with the power to approve lay representatives maintain a definitive list of individuals whom they have approved as lay representatives and review appropriately their performance in this capacity. The approval of each representative must specify the sheriff court districts in which they are expected to act, and it is recommended that the list include that information. This does not limit the number of sheriff court districts in which a lay representative can act but it will be for the approving organisation or body to specify these districts as part of the approval process. 40. It is important that prescribed persons or bodies ensure approved lay representatives are consistently meeting the standards recommended within this guidance. 41. If an individual is not meeting these standards, the prescribed person or body should ensure the individual receives training to improve their performance and should suspend the individual's approval until the person or body is satisfied that they are competent to resume acting as a lay representative. If the person or body remains unsatisfied, they must withdraw their approval. Individual competencies relevant for approval as lay representation 42. It is recommended that in approving lay representatives, prescribed persons or bodies should consider whether individuals are capable of meeting the generic competences for advisers, within the Section 2 Competences for Advisers and Agencies of the Standards. 7 43. Prescribed persons or bodies should note that the competences required for accreditation to Type III - Advocacy, Representation and Mediation level will be particularly relevant for work lay representation . 44. Prescribed persons or bodies should consider whether an individual meets the housing specific knowledge competence for Mortgages/Secured Loans in Section 2 of the Standards. 45. The following key recommended competences are relevant to specific activity that will be undertaken in the court setting. These should be considered in addition to the competences set out within the National Standards, where such competences are not explicitly mentioned in the Standards. Key Recommended Competences of a Lay Representative 46. The key competencies which it is recommended an individual should hold before a prescribed body approves them to act as a lay representative are detailed below. 47. These competencies are considered to be particularly relevant and important when judging the suitability of individuals for the role of lay representative. 48. Has impact and credibility as a representative because: has a good knowledge of subject area, particularly mortgage arrears and repossession procedures used by lenders, FSA regulations and good practice relating to the treatment of customers in arrears, including MCOB 13 8, and consumer credit legislation, and in particular relevant Scottish legislation such as the Heritable Securities (Scotland) Act 1894, the Conveyancing and Feudal Reform (Scotland) Act 1970 and the Home Owner and Debtor Protection (Scotland) Act 2010, and the Applications by Creditors (Pre-Action Requirements) (Scotland) Order 2010. has an ability to make links where appropriate with other relevant areas of law retains objectivity has a good understanding of relevant evidence and presents the above in a structured, coherent and persuasive manner both in writing and orally 49. Undertakes legal research effectively researching relevant legislation, common law and case law, government, regulatory and industry guidance and Codes of Practice, policy statements, etc Understanding the importance of collecting and preserving evidence Discussing all options and their consequences with clients objectively and clearly 50. Understands relevant Court rules, protocols and procedures and basic principles of rules and evidence (e.g. hearsay) understands Sheriff Court procedures and possession procedures, including relevant court notices, application procedures and forms understands the procedure involved in conducting a proof understands the role of officers of the court - i.e. sheriff clerks and appropriate behaviour in court, including the importance of not wasting court time with irrelevant, frivolous or theatrical interventions 51. Use their knowledge, understanding and research to identify arguments, defences and remedial strategies in arrears and repossession actions and present these in a clear manner Identifies arguments which support the client's defence and advise on court orders which it may be appropriate to seek Presents these arguments in a structured, coherent and persuasive manner both in writing and orally Understands post-possession order procedures Challenges negative decisions, actions or legal interpretation which may be adverse to clients Demonstrates an ability to 'think on their feet' in a Court/litigation environment Is prepared to pursue a case to a conclusion where competent to do so and where the client wishes to do so, while at all times clearly explaining the consequences of any action to clients, and seeking to negotiate constructive solutions and arrangements with lenders, court staff or other interested parties where feasible. Withdrawal of approval of lay representatives 52. An approving organisation may withdraw any approval it has granted by providing notice to the approved lay representative. 53. The procedure for withdrawal of approval must involve an evaluation by the approving organisation of the approved lay representative's performance, in particular whether the approved lay representative: no longer satisfies the criteria set out in the procedure for approval is performing inadequately and the approving organisation considers that the approved lay representative's performance could not be sufficiently improved by additional support or training; or has acted dishonestly, in breach of client confidentiality, or in a situation of conflict of interest. 54. Where an approved lay representative has been provided with additional support or training and following a further evaluation the approving organisation considers that the approved lay representative cannot perform adequately, the approving organisation must notify the approved lay representative that the approval is withdrawn. 55. An approval of an approved lay representative is deemed to be withdrawn if the organisation which granted the approval ceases to be an approving organisation. Circumstances in which an approved lay representative may not act 56. An approved lay representative may not represent any debtor or entitled resident other than in proceedings where the debtor or entitled resident is a client of an approving organisation, though not necessarily the organisation that approved the lay representative. 57. Where an approved lay representative is performing inadequately and the approving organisation decides not to withdraw approval; and instead to provide additional support or training to improve the performance of that lay representative, the approved lay representative may not represent any debtor or entitled resident until the approving organisation is satisfied that the approved lay representative can perform adequately. Prescribed persons or bodies to provide Scottish Ministers with information 58. Those persons or bodies with the power to approve lay representatives may be required to provide information to Scottish Ministers about lay representatives. 59. Scottish Ministers will not seek to obtain information on individual lay representatives, but it is anticipated that aggregated and anonymised information will be requested from approved organisations, particularly: total number of individuals approved as lay representatives by that organisation the number of lay representatives approved by that organisation over a specified period (for example during the previous year) the range of Sheriff courts in which these lay representatives operate and the number approved to operate in each Sheriff court details of the training provided to lay representatives by approving organisations over a specified period (for example during the previous year) number of lay representatives that have had approval withdrawn over a specified period (for example during the previous year) and the reasons why approval had to be withdrawn Although not required under the Order, it is hoped that approved organisations will nevertheless co-operate, wherever possible, with any other information requests that Scottish Ministers may make for the purpose of monitoring and evaluation, or arranging additional training, awareness raising or other support to ensure an effective lay representation service is available everywhere. For example information might be sought about: the approximate number of cases in which they have provided lay representation for repossession cases the sort of feedback approved organisations have received about client satisfaction levels when they have offered a lay representation service any issues or difficulties (beyond any need to withdraw approval of individual lay representatives) which have arisen in providing a lay representation service, for example an indication of the approximate number of times when they may have had to turn down requests for lay representation and the reasons for having to do so Indemnity Insurance 60. Persons or Bodies with the power to approve lay representatives are strongly recommended to consider the liability of those individuals that they approve, and indeed the liability of the body for the actions of individuals approved by it. Prescribed bodies should refer to Standard 3.9 and 3.11 9 in Section 1 of the Standards and consider their position. They are strongly encouraged to ensure that they have appropriate Indemnity insurance. Complaints procedures 61. Those bodies with the power to approve lay representatives should ensure that they have a complaints procedure in place, for individuals receiving lay representation to use if any problems arise during the process, and that any complaints are investigated thoroughly. (See paragraph 36 above and Standard 3.11 in Section 1 of the Standards) 62. As part of ongoing work to ensure that approved lay representatives are continuing to act at high standards, prescribed persons or bodies should seek regular feedback from users and stakeholders, such as court staff and Sheriffs. (See Standard 3.12 in Section 1 of the Standards) Housing Access and Support Division Scottish Government Yes, its alot of reading. I am doing alot of reading to fight my bank. i am going to represent myself to contest the calling up notice if my bank decide to go down the road issuing me with a calling up notice. The bank's solicitors keep making threats to take me to court (3 letters so far), and Up to now they have not given me clear breakdown of the debt. Just demand the total amount from the 3 accounts that i have with the bank.

Hi, Useful information for anyone lives in Scotland . Information regarding repossession in Scotland. The Article was written by GOVAN LAW CENTRE. Security of your home 15 July 13 Since the 2010 Supreme Court ruling in Wilson, a number of sheriff court decisions have further clarified mortgage repossession law and practice in Scotland by Govan Law Centre For the full article read.... http://www.journalonline.co.uk/magazine/58-7/1012824.aspx#VN8RRdlyGP9

Hi Brown1950, Been reading your thread with great interest. I'm going through the same with RBS. How did you get on with Barclays? Would like to know if you have any update for us. Regards Pancake.

Hi CitizenB, Yes, you can get this information on the Shelter Scotland website. They were very helpful to me over the phone and email. The information above was that i received from an advisor from Shelter Scotland and she replied to me direct by email.