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Dog Lover 123

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  1. Hi - I've just been informed by the in court advisor that the statute barred defence is not a reasonable defence as the date stamp on the writ is November 2020. It is not from the date in which the Sheriff Officer delivered the writ which was in May 2021. It is possible that we can argue that no payment was made from mid 2015 which would give the 5 years + defence. i'm however, struggling to recall when the last payment was made but I expect it was pre November 2015.
  2. Hamilton sheriff court issued summons. I'll give the court a call in the morning. Thanks for all the help, it may seem like an open and shut case but the formalities and terms take a bit of getting used to when you don't know legal speak.
  3. Thanks dx, So take out the sb defence info at point 3? And put it in Pleas section? Anything else I can add in point 3 instead? Take out the other 2 pleas I've typed up? And add the one you included? Feel happier that I may now have the correct format. Is it the court of session in Edinburgh or Hamilton sheriff court. I can get to Hamilton but not Edinburgh. I already paid the fee in June via telephone.
  4. Where is the defence form you refer to? Or is it just to be drafted on plain paper? I've read everything you have sent and must admit it's confusing as heck. Is there a form or just a format? If so I believe I'm addressing this below. Some defences I have read seem to state that the format must be to accept or deny each condescendence etc...so I have done the following, whilst still maintaining the detail you have provided. Can you please take a look and advise accordingly? Am I on the right track now? Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at Belvedere, 12 Booth Street, Manchester, M2 4AW PURSUERS against DEFENDER DEFENCE 1. Denied The Claimant's claim was served on 12th May 2021 at the defendants current address of XXXXXXXXXX. The address in the condescendence is incorrect as the defendant has not resided at the property for over 6 years. (should I leave this in as it is factually incorrect in the writ) 2. Denied The Defendant has never received said assignation by way of written notice from the pursuer. 3. Not known and not admitted that the said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 11 March 2013, and relates to a Personal Loan agreement with account number XXXXXXXXXXXX..It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve anotice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated. 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 extinguished. 4. Denied The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. 5. I wish the return of my £132 Form 07 Fee from the Pursuer. PLEAS IN LAW 1.The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable. 2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.
  5. Where is the defence form you refer to? Or is it just to be drafted on plain paper? I've read everything you have sent and must admit it's confusing as heck. Is there a form or just a format? If so I believe I'm addressing this below. Some defences I have read seem to state that the format must be to accept or deny each condescendence etc...so I have done the following, whilst still maintaining the detail you have provided. Can you please take a look and advise accordingly? Am I on the right track now? Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at Belvedere, 12 Booth Street, Manchester, M2 4AW PURSUERS against DEFENDER DEFENCE 1. Denied The Claimant's claim was served on 12th May 2021 at the defendants current address of XXXXXXXXXX. The address in the condescendence is incorrect as the defendant has not resided at the property for over 6 years. (should I leave this in as it is factually incorrect in the writ) 2. Denied The Defendant has never received said assignation by way of written notice from the pursuer. 3. Not known and not admitted that the said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 11 March 2013, and relates to a Personal Loan agreement with account number XXXXXXXXXXXX..It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve anotice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated. 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 extinguished. 4. Denied The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. 5. I wish the return of my £132 Form 07 Fee from the Pursuer. PLEAS IN LAW 1.The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable. 2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.
  6. What should my pleas in law state? To confirm - Statute Barred is relatable to my case because the default date on file was Jan 2016, with the writ being served in May 2021, - is this correct? ie more than 5 years since default date Only reason I ask is that I spoke earlier with a solicitor who got nervy when I mentioned my defence as being Statute Barred. Feel that other than yourselves, i have no one on my side and i'm finding this process rather difficult to pick my way through. I have read many of the cases but all are so different. I really just need to understand how the document should be set out and including what information.
  7. OK, Questions please - the initial writ states Arrow Global against myself (but the residing address is incorrect) should I use the address as it is on the doc or my current address? Also, 1 of the condescendences also states incorrect address and that I have been so resident for more than 3 months immediately preceding the raising of the action - should this be addressed? Particularly as the time to pay direction /time order applications show my correct address. There are 5 condescendences - should each of these be addressed? My SB defence has only 4 points but guidance suggests each condescendence should be validated. Do I include these in my defence document? Do I include any other enclosures with my defence document? Do I send to the General Department of OCoS or to the Civil Dept of Sheriff Court (which is where I sent my original) I also acknowledge that I must send a copy of the defence to the solicitor (which I did also do and they claim not to have received) Thanks
  8. Hi, I've just had my hearing... Options hearing set for 24th November I have 7 days to lodge my defences to both parties as neither received these Please can you assist with format of defence as what I submitted clearly is not acceptable. I submitted as a letter. I have searched for documentation on the forum but not available. I also need to include my pleas but do not know what this should be? I understand that I am responding to the condescendence of the writ. I do also notice that the address listed in 1. of the condescendence is incorrect. It states that i have been so resident for more than three months immediately preceding the raising of the action. However, elsewhere in the writ, my current address is included. Is it worth worrying about? I'm at my wits end and do not want to mess it up again. Thanks
  9. I have just received an email from Shoosmiths requesting the following... Dear Sirs, We refer to the above matter in which we act for the Pursuer. Further to the interlocutor dated 27 August 2021, our proposal for further procedure would be to fix a fresh 8 week adjustment period and a fresh Options Hearing, there being no current timetable in place. As the Defender has lodged Defences but due to an administrative oversight the Pursuer was not made aware of these, the Pursuer will require time to review the Defences and adjust their pleadings in response. An Options Hearing will also require to take place. As such, it is appropriate that the further procedure be as proposed above. We would be obliged if you could therefore confirm that the Procedural Hearing fixed for 15 September 2021 can be dealt with administratively without the requirement for it to call. In the event that the case is required to call, we will provide appearance details as soon as possible. For the purposes of intimation, the Defender has been copied into this email. Please note that we have not yet received a copy of the Defender’s Defences that she indicates she lodged at court on 31st May 2021, and would be obliged if a copy of same could be forwarded to us. I am self employed and have had to take Wednesday off for the hearing, not to mention I have my grandma's funeral to attend on Tuesday. I don't really understand what they are requesting but it seems a longer process with more time and expense.. They claim they have never received my defence.
  10. Hi, I've been reading some of the other cases prior to my procedural hearing on 15th September. I have never engaged with Shoosmiths (other than lodging my NID and. Defence) to find out what correspondence they are likely to claim they have sent over the however many years since they acquired the debt. All I know is I have never received or recall receiving any correspondence from them prior to the writ being served, albeit I have changed address (all of which are on my credit file) Is there anything else which I should/could be doing to aid my defence? Thanks
  11. Hi Today I received an email stating that further to my email, the sheriff has recalled the order of decree as having been granted erroneously. I have a new hearing date via webinar. I have been invited to provide a brief paragraph explaining my proposal for further procedure prior to the hearing. Should this be similar to my defence submission? TIA
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