i have to fill in form 07 in an ordinary case do you think it would be ok to insert this into it? or would i have to serve this as a motion? many thanks Tom
Summary Cause Summons Number:
Date of Next Hearing:
(Their name) Pursuer against (your name) Defender
The defender requests the court to postpone the hearing fixed for xxxx 2017 and that the case is temporarily sisted.
The defender also seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The documents requested to be recovered are listed below:
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records the pursuers hold on the defender relevant to this case, including but not limited to:
a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by the pursuers, or by any previous creditor
b. Where there has been any event in the defenders account history over this period which has required manual intervention by any person, the defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
c. True copies of any notice of assignment and/or default notice or enforcement notice that the pursuers or the original creditor sent the defender, with a copy of any proof of postage that the pursuers hold.
d.Documents relating to any payment protection insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of the defenders data as required by the Data Protection Act 1998
h. A list of third party agencies to whom the pursuers have disclosed the defenders personal data and a summary of the nature of the information the pursuers have disclosed.
i. Copies of statements for the entire duration of the credit agreement.
3. Any other documents the pursuers seek to rely on in court.