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Tesis

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Everything posted by Tesis

  1. I didn’t get anything in writing from anywhere after the court case . I did bring it up that this had caused great stress and I didn’t want it to go on forever but I can’t remember what was said. Perhaps there are court notes I could ask for. they have said in the letter they have included the default notice. Believe me when I say I keep EVERYTHING and I don’t have it either. I have the letters from the bank at the time but no default notice. However, it is ‘the bank’ so they probably did send it and it’s something I’ve misplaced. Just strange it’s not in the docs they’ve sent. I’ve copied the docs they’ve sent and redacted names and ref numbers but there are dates/amounts. I’m paranoid about being identified.
  2. I don’t have the facilities to scan. This is a photo of the letter
  3. They have included a copy of original agreement, statements and default notice. If I can pay in full their client is happy to have the sist in place with the court action removed and dismissed. There is an option to fill out an Income and Expenditure form etc If I can’t pay in full, the payment arrangement will be subject to a decree being obtained against me. If I fail to make the payments their client may proceed to enforce the decree. ( a bit about consequences of a decree)
  4. After over 4 and a half years I’ve received a response in the post from Shoosmiths. Do I need to do anything? I should’ve replied by today but I haven’t.
  5. Just back, quick update. The pursuers requested the case be sisted to allow them time to recover the documents. I said I was reluctant to let the case be sisted due to the stress of the situation and would like it to be decided one way or another. The judge said I would have to be prepared to defend the case and I think I would have had to state my defence there and then which without the documents I couldn't do. He was lovely, so were we. He was understanding and explained everything. I said I didn't want it to go on indefinitely and he agreed and said I was at liberty to request the case be heard at a later date through and incidental application. I was nervous and wish I had put forward my defence re: the total cost of credit not being declared which I have on my customer's copy of the agreement. I do intend to take the case forward through this incidental application at a later date. Meantime, the case has been sisted. I would urge everyone to take their cases the full way. Get prepared and go for it. There is no doubt the court situation appears daunting but the judge we had today was very understanding. I also noted that everyone who defended themselves and presented their heartfelt but simple cases were found in favour, including one wee girl who just stood there without a folder of paperwork and just said it how it was. Was very enlightening. Thanks for support.
  6. Just to let you know I found another document "The Summary Cause 4. Going to Court" which may be helpful to others reading this thread. https://www.scotcourts.gov.uk/rules-and-practice/guidance-notes/summary-cause-guidance-notes. Good information about what to expect. I'm going to phone the Sheriff Clerk in the morning to get advice about the Incidental Application. According to these notes it's pretty straightforward but need to give two days notice prior to the hearing which is Thursday. These documents are good too: Section 8 Defended Action and Section 9 Incidental Applications and Sists: https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/summary-cause-rules. Just in case anyone needs advice pertaining to Scotland. I'll tell you this much, it's all very wearying, got nothing but admiration for you folks that continue to give the support you do.
  7. Hi, still heard nothing from solicitors and don't imagine I will. I am thinking of lodging an incidental application to sist the case. I am at pains to make sure my work know nothing of this and it's very difficult to get time off without good reason hence the reason I'd rather avoid unnecessary court appearances, especially if it's going to be a waste of everyone's time. I don't think any firm decisions can be made until all the documents are available and more than likely another date will be given for documents to be recovered. If possible I'd like to avoid the time wasting by sisting the case meantime. What do you think? Apparently I can do this anytime before the sitting. (Advice taken from the above)
  8. Hi, had my breather. Since last posting I received a letter from Shoosmiths regarding the CPR request to say they were looking into it. Think I received it on 26th July. Need to know if and when I should respond to their limited response regarding CPR31.14 and total lack of response to the s77 request. Have received no documents to either request. In all honesty, I would prefer not to take this to court if I can avoid it. What do I do?
  9. That made me laugh but not in a nasty way, already have it ... great minds and all that! Printed off and filed in my ever increasing reference library. Please don't stop sending me anything you find though, or pointing me in the right direction, would've given up ages ago without support.
  10. Bit of a disaster. Decree had already been given. Why? Because the 10th july was an industrial action day and couldn't hand in defence until 11th. Despite being only a day late and expressing intent to defend, pursuant went straight for decree. Was so annoyed! The clerk initially told me the pursuant would have to agree to the decree being removed and setting a new date. Eventuality she called them to explain and they agreed and sent an email to confirm which I have a copy of. A few words of the scene. I imagined us all sitting round a table in an informal situation. Not so. It will be held in a courtroom in front of all other cases being heard. Will need nerves of steel. However, despite the fact I felt quite prepared, this gives me time to be super prepared. Also, hubby doesn't need to be there, just need to send a letter to court stating fact I will be representing him, which is fine. Exhausted! Thanks for support Andy.
  11. Hi Andy, Feeling okayish, got my notes etc and have a fairly good understanding of it all. Just wanted to ask, if they approach me beforehand do I have to say something like without prejudice before talking to them?
  12. Ok,thanks for clarifying that, didn't realise that at all. Couldn't fully understand why i needed to send s77 when i had already sent cpr. Now i understand better. Will take time to read the consequences of non compliance of s77. Is it normal to feel gut wrenchingly sick at this point?
  13. Ok, Andy, thanks. You may remember I did receive a very brief reply to the CPR 31.14 request advising me to contact Shoosmiths in future but by that time I had already sent the S77 request to Marlin (12+2 days were up on that yesterday and heard nothing in reply) Concerned I've not communicated with Shoosmiths at all, only Marlin. Will this matter? Also, as they have replied to the CPR 31.14, albeit briefly and with no information, does this mean they have complied in a way but not fully and should I have something to hand about that also? Kind regards Tesis
  14. Hi, we have court on Thursday. Have had no response to requests for information. Is this all I need to say on the day? Do I need or can I ask for more time? I'm aware they have failed in their duty to provide me information in order to prepare my defence adequately but is it enough for me to just say that? Feeling a wee bit anxious about it all. :/
  15. Hi Andy, Just to confirm I handed in defence on Friday. Think I now need to reply to their letter in response to s77 request which held very little if no information and none at all about how long it would take for them to carry out the search. If the account was assigned to them, shouldn't they already be in possession of all the documents necessary? And if they don't possess these documents how can they refer to them in their statement of claim?
  16. Courts on strike so to hand it in tomorrow. Short letter back from Marlin Financial Services, not Marlin Europe II Ltd., briefly stating they have requested a statement of account and copy of the agreement from the original creditor and to ensure I send all future correspondence to Shoosmiths. They said they received it in their office the 8th despite the fact they signed for it on the 4th. This is in response to the CPR 31.14 request. Also followed your advice and left out the wee extra bit in the holding defence. So it looked just like you advised. Regards Tesis
  17. I think I just wanted to say that I'll give my real defence when I've read these documents. I'm not really seeing the holding defence as my real defence. In my eyes my real defence is to do with the amount of interest and the fact it wasn't disclosed either orally or in writing at the time of taking out the loan which apparently they should've done at the time and I'm hoping any documents released will support this. I haven't mentioned any of that in the statement because I haven't seen their documents and so I added that wee bit as a way of saying I'll give you my real defence when I've read these other documents. The holding defence to me is just a way of letting them know I intend to defend. Does this make sense? I can be quite pedantic and get myself tied up in knots!
  18. On receipt of the aforementioned documents, the Defender, given time to peruse the documents will file a defence for the calling date of 24/07/2014. I made that wee bit up does it really sound ok?
  19. STATEMENT OF CLAIM 1. The parties are as designed in the instance. The named defender resides at .... The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This court accordingly has jurisdiction. There are no proceedings pending before any other Court involving the present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another Court. 2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Lloyds Banking Group dated 2 December 2013 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to Lloyds Banking Group which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of a written notice on or around the date of assignation. 3. The said contract between Lloyds Banking Group and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 1 September 2004 and relates to an agreement with account number .... The said account is in default and the sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £3952.66 conform to copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said statement of account. 4. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.
  20. Btw, in my search for information came across a recent case Both relevant and up to date should the need arise to refer to a case.
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