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About Derann

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  1. Many many thanks for your advice, it's truly appreciated. There's one thing that I am puzzled by, perhaps you can explain? As the debt is statute barred, why did the sheriff not declare it so, and instead arrange for a case management discussion? regards D
  2. Update regarding the above case: Having submitted form 4A to the court with all the relevant details advising of the date of the debt and stating that the debt should be statute barred, I was somewhat taken aback this morning as I received a form SO1, stating that the respondent has indicated to the court that the claim will be disputed! I have been ordered to attend a case management discussion on 26th January 2018! Surely the debt is statute barred? Apparently the claimant and I are encouraged to contact each other to seek to settle the case or narrow the issues in
  3. Could I have one more piece of advice, please? I have completed form 4A, in connection with the matter above, and about to submit it. However, when reading through page one of form 6A, there is a paragraph entitled WHAT SHOULD YOU DO NEXT. There is a sentence that states,you must send a completed response form to the court and to the claimant. Does this mean that I must photocopy form 4A and send it to Capquest, or would it be to Scott and Co, the Sheriff Officers, and if so should I send it "signed for"? Many thanks in advance, D
  4. Just to clarify, I put this in D1 1 The Claimant's claim was issued on (insert date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6 If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. under scottish laws the debt is now extinquished . 3 The C
  5. Hi again, No, I have always resided in Scotland, Please forgive me, but in your previous post, what exactly do I enter in box D4 of form 4A, box D4 asks Which additional respondents do you think should be responding to this claim? Do I need to tick C3, I want to dispute this claim? Many thanks in advance D
  6. Hi again, sorry for the delay, Just off the phone to Shop Direct. The last payment made to the account was £20 on 05/01/2012
  7. name the issuing court:Kilmarnock Sheriff Court Who Is The Claimant: Capquest Who Are the Solicitors: Shoosmiths What type of action? (simple/Ordinary): Simple What is the claim for – Catalogue debt 1.The said contract between the original owner and the respondent is a regulated credit agreement in terms of section 189 of the consumer credit act 1974. It is dated 22/05/2010 and relates to a mail order account issued by the original owner for isme with account number ********. 2.On numerous occasions between 22/05/2010 and 10/07/2012 the respondent utilised
  8. I need help/assistance regarding a Simple Procedure claim that was posted through my door on Thursday 5th October by Sheriff Officers. The claim by Capquest/Shoosmith is regarding a catalogue debt which I believe should be statute barred as the date that a default was issued was 10/07/2012. I suffer from a long term illness and also depression and around that time was in and out of hospital frequently and for one reason or another, ignored the debt! Capquest/Shoosmith are now pushing to recover the debt which was initially owed to shop direct for the sum of £449.37. As I rely
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