Ordinary Cause Summons from Cabot / Optima Legal for £25k BoS loan in Scotland Financial Legal Issues Posted August 23, 2016 Had your recieved the CCA before the last time you were in court? Yes but the case was then sisted in December of last year. I have heard no more until this citation arrived. Someone will confirm if the contract terms are enforceable. However if you read through the terms (I don't have time today) to see if there is any mention of assignation, novation if not you have a defence. Under the T&C's listed they have number 12: You are not allowed to transfer or assign all or part of your loan agreement or any of your rights or obligations under it without our consent. We may transfer our rights and obligations under your loan agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have other information about you. We may also arrange for any other person to carry out our rights and duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected. Have they lodged this with the court as a production? Have they lodged a production and/or have you seen an assignation agreement between themselves and original lender? It is likely they will be able to provide a signed assignation to produced for a proof diet. I don't know if they have lodged this as a production. I have never seen a signed assignation, despite asking them to provide one. I think you need to engage the CAB sol's to give you definitive legal advice and comfort when you go to court. Arguing the no term/clause to allow the assignation is not something I would personally take on in an ordinary cause, summary cause yes but the formality of the ordinary cause the sheriff has less discretion. I can't engage the CAB solicitor now as I had received adivce from my union lawyers telling me to just sign a trust deed.