Hello all... complete newbie here who came across this forum recently having just received court summons from M&S (in my wifes name) chasing full payment of credit card that we have been struggling to pay regularly since my small business started being hammered as a result of current economic climate. I hope some of you guys can help as I intend defending this case and it is all new to me.... this account was started in 2003 and was initially for an M&S storecard... some years later though they changed it to a mastercard and changed name to &More. Until approximately September/October of last year my/our credit history was exemplary but hit difficult times and from that period until January I paid them less than the minimum monthly amount.. .last payment made to them was January and they instigated legal proceedings on 6th April. To be honest my first thought was actually just to request time to pay, accept that I will incur a ccj/decree and be done with it however I do know the sum claimed for includes a number of late payment and overlimit charges and the only chance I will get to reduce these is to defend this action... .on a similar note if there is any chance whatsoever that I can avoid this ccj/decree being made by challenging the validity of the cca then I am prepared to go for it as I think I have nothing to lose. Another piece of info to throw into the equation is that my house is up for sale and has been for 6 months or so... .I do have some equity (assuming I can sell sometime soon) and it was always our intention to sell and pay most if not all credit cards off so buying some time by defending this action is also useful at this point. today I will complete and return to my local court the form attached to the court papers stating I wish to defend the action (when I called the clerk of court for advice she advised at this stage that is all that is required of me... she said I will then get a letter with a schedule showing when defence should be lodged by. She also seemed surprised that I was not going to use a solicitor.... does she not realise how hard up I am right now ???) My first course of action regarding defence is to immediately ask both M&S (and copy their solicitor) for all info regarding this account... I have printed off copy letter from the forum asking for copy of cca (the letter which states request is NOT made pursuant to section 78 of Consumer Credit act as I cannot risk them sending me unsigned copies or application forms etc when I really need all of the proper docs fast) I have given them 14 days to send this to me.... is this enough given the fact they are suing me ? Do you think that this is right place to start and/or am I missing anything vital in your opinion at this stage ? All views/opinions welcome on this matter, as I said before its new ground for me but my current financial position (unless things change really soon) suggests I need to know as much as I can as soon as I can regarding what steps I can legally take to protect my family and keep my home !! Thanks all in advance. Sorry should have made it clear that the letter I intend using is the one written and posted on site by pt2537.Thanks pt2537. apologies for long winded story but anyone got any previous experience with M&S or any thoughts/advice on my next steps ? All thoughts welcome...!

Thanks Ida... ..got home today to find a letter from Shoosmiths with copy of application form only. They have included this in Inventory of Productions. Very sneaky as it gives me little time to do much however I am going to court tomorrow and I am going to make it clear that this does not satisfy the requirements of their case. ...their summons states clearly that "Copy statement of account which will be produced in any defended precast follow hereon". ..nothing on the application form backs up their claim .. ..no statements have been produced that would allow me to check if PPI was included etc.. ...I guess sheriff will either continue case again if he thinks I am chancing my arm or he will dismiss it if he agrees with me ! I will let you know.

Hi Ida.... at last court hearing I presented my defence of no paperwork received etc. They had instructed a local solicitor to act on their behalf.. .I felt as if Sheriff was on their side a little in that rather than take on board my defence he kept asking if I did not remember having/spending using the card etc.. ..eventually I got it through to him that it is up to the pursuer to prove what they say is correct and not for me simply to accept what they say in this speculative action. ..case was continued to 12th February.. .thursday to allow pursuer to comply and produce relevant paperwork etc. As of today I have received nothing. ..no paperwork, no letter from Shoosmiths, nothing ! Assuming this remains my plan is to turn up thursday and request dismissal on the grounds that they have provided nothing to prove their action is warranted ! Any thoughts would be appreciated. Thanks as always.

Hi IdainFife.....see my reply above...case due to call on thursday.Heard nothing back from pursuer or their solicitor to date.Any suggestions ? Thanks

Update on this is...no update ! Heard nothing from court or their solicitors and it is due to call on thursday. ..I plan on calling court monday to ask if anything lodged by them. ...I have not submitted any written defence at this stage, only the court return paperwork stating I will defend. \Should I contact their solicitors too and any other advice you guys might have will be very helpful ? Thanks as always.

Thanks once again...thats a bit clearer. I read through those notes last night and it makes more sense now. No I received nothing with the summons hence the CCA request which has been sent to both Pursuer and their solicitor. I intend dropping off summons page to Court tomorrow morning but have only said I wish to state a defence and appear... I have not disputed the amount (can I amend the summons or should I get Clerk to assist here with another copy ?) and I have started to prepare a defence which I would be really grateful that you may have a look over when time is right ?

Thanks again for your help with this I do appreciate it.. ..its a small claims summons dx100.. .starting to panic a bit now as need to get this return in to court in 48 hours and working next two days so need to post it today if I can. ..can you advise on my question below as I'm not sure exactly what to do here: "sorry to be a dumbass but struggling with the terminology you use a little. .what do you mean I can "file" a defence ? Do you mean just send the court page 7 of the form stating I intend to defend the action but don't send anything else to court or pursuers solicitor ?"

Sorry to be a dumbass but struggling with the terminology you use a little..what do you mean I can "file" a defence ? Do you mean just send the court page 7 of the form stating I intend to defend the action but don't send anything else to court or pursuers solicitor ?

Just read through the guidance notes again.. .now I think I need to provide a written defence which I submit with return paperwork to court ....is this correct ? I am going to have a search for something on the site but am I right in stating that at this stage my defence is going to be that I have no knowledge of this amount owing and pursuer has not provided copy of agreement ,notice of assignment and statements showing how they arrived at sum sued for ?

Thanks for that. ..ok so I have made CCA request to DCA and copy to their solicitor. The only question I have now is regarding the return of court summons which is to be in by friday. On page 7 of summons box 3 I have stated that I intend to state a defence and I intend to appear or be represented. I have copied their solicitor on this as well At this stage is that all I need to complete and return??? Am I right in thinking I do not/cannot submit any defence until I get the CCA request fulfilled ?

Thanks again DX100... ..just a quick question that may be silly but my head is scrambled right now with this.. ..I have advised pursuers solicitors and sent SAR request to them and also stated I am defending the action and that I need copy of agreement,statement copies, assignment letter copy as pursuer is not original one we took credit card with (its been sold on) and also stated that I believe PPI may also have been sold to me without agreement... .I have also copied them in on my form 1a return which simply states at this time I am going to defend and may counterclaim.. ..my question is that although 1a form needs to be returned by 1st December am I right in thinking I do NOT need to provide a written defence yet ? Hearing date is 18th December and I am expecting them to request delay unless they can provide everything I have requested in SAR by then .. ..do I write defence then with benefit of info to back it up or do I write it now stating I am awaiting info from them ?

Thanks dx100...yes it is a Scottish Small Claims Form 1a.

My wife received Small Claims Summons recently and whilst debt is ours I have no way of knowing if the debt amount claimed for is correct or not.. .I have left this a little last minute as return date is 4th December however I wanted to run my intended actions by some of you guys for comment to ensure I am going about this the correct way. Santander is where the original debt lies but looks like they sold debt to Arrow Global.. .do I write to Santander or Arrow Global to get copy of agreement and statements OR Arrow Global OR their representing solicitors in Edinburgh ? Also want to know if there is any PPI on this as this too could affect the total debt sum. Whist writing to (whoever above will give me said info) my plan is to return the court small claims summons completed and on time stating I am disputing the amount claimed. My other questions are Do I submit a defence with the return paperwork to court stating I have requested the account info and finally when case does call am I allowed to attend as my wifes representative as she is way too scared to do do herself ! As always any help/views/comments you can provide will be very much welcomed. .thanks all.

Good morning all...hoping for some guidance on this one.My wife and I both have large debts as a result of stupidity,lack of future planning and wanting what we could not afford...none of the debts are secured and all are either bank overdrafts,loans and credit cards and we rent our home. We have over the last 4/5 years chipped away at these and reduced them by around 50% overall either by challenging in court or agreeing reduced settlements however we have now reached the point where we cannot realistically see an end to the spiral.We are considering sequestration however my question is this....if we take this route do we have to do so jointly ? I ask as approximately 75% of our debts are in my wife's name and 25% in mine....could my wife go for sequestration and could I enter into a trust deed or similar ? is this unrealistic ? Is there a benefit to doing so....the sequestration process appears to take all financial control of your bank accounts etc...maybe this is what is required but just thinking out loud here in terms of trying to envisage how you live your normal daily life whilst going through the process ?

No ... previously I would have fought EVERYTHING but think the stuffing has been knocked out of me ! Now at the crossroads where sequestration or similar looks most likely if I am ever to move on from these historical debts. Have lived for 2/3 years modestly and within our means without any credit cards etc.. ..wish I had thought more about the long term implications years ago ! Oh well.....harsh lessons learned and all that .....no one died !!!! Thanks for your reply.