Hi guys! I am not sure this is the correct place for me to post I hope you can help me with the following situation: Our factors' solicitors have unlawfully registered a Notice of Potential Liability against our property in regard to "the outstanding factoring charges" - not only we are up to date with all the payments, we have multiple bank statements to prove it. As owners and occupiers of the property, we never received any notification about the upcoming order and only found out the details after requesting a copy of the deed from the registers of Scotland. In addition to unlawfully imposing the NOPL, they disclosed this false information without our permission to the third party - our former solicitors with whom we have been in a process of dispute for the last year. Moreover, they also explicitly told our former solicitors that it is due to the factoring debts since our move (which there are none). We believe it is a serious breach of data protection act but are not sure how to proceed... Thanks in advance.

Hi, Apologies as its my first Post. I wrote to BOS regarding a PPI claim on a mortage from them dating back to 1995, the only info on my mortgage account No was found on a letter to them just before I transferred it to Standard Life in 1999. I had mentioned the address of the "Mortgaged" property and the number in me enquiry. They responded with a letter saying it was an unverified Account No and wanted more Info. I called them up and had the runaround, but was eventually told by a chap to contact Section 77, Completion Center, Premier House, Chester and they would carryout a search for a £1? Does this place exit? And what else can I give to BOS? Many Thanks

Dear All Back after 2 years last time beating ANPR at POPLA ! with help from this site Upto date advice needed on PCN issued in Scotland at Tesco Car park Linlithgow (by Eurocarparks) ,for an over stay of 34 mins .The advice for PCN in Scotland used to be Ignore Is that still the same advice due to POFA not appling in Scotland ? and therefore no need to give driver details I live in England and the car is registered in England ,I haven't responded Thank you in advance

Hi could anyone help please. I have won a CCJ against the BOS. I applied for a money provisions order to register this in Scotland, the CCMCC have cocked this up and just sent a normal Judgement to me but took my £50 for the Form 111 anyway. This is being sorted today so I should have the money provisions Cert on the way. My question is; do I really need to transfer this to Scotland if the BOS have branches in England, in fact do they have branches in England? Google'ing this is unclear as they seem to be connected to other Banks in England? If so then fair enough, but I wondered. Many thanks in anticipation.

Hi, Could someone please tell me which small claims court I would need to use. We sent our BMW Engine block to be remanufactured by a company called 1st choice engineering Ltd. Now I live in West Yorkshire and the company is based in Scotland. They are refusing to take my credit card as payment and demanding we pay via bank transfer. This was not made clear at the start of the contract and no terms were given to sign. So which courts would I issue a small claim through England or Scotland? One more thing... a new engine block would cost me around £3000 from BMW were as the remanufacturing of the old engine block was £1300 (which 1st choice engineering Ltd still have and will not release without payment), do I claim for the cost of new. Any help would be great.

Can I take an opportunity to remind all Scottish members that the parking on private land legislation which now apples in England, and which is that generally discussed on here. does not apply in Scotland. We're a bit more enlightened here, as you used to be down south, and private parking companies are still only able to send what is in effect an invoice to claim payment for parking charges from the actual driver who contracted with them to park the car when they entered the car park. The registered keeper has no liability whatsoever for any parking charges, nor can the parking company compel the keeper to reveal the name of the driver. Their "parking tickets" are no more than invoices which, if you wish, you may ignore completely but the golden rule is do not make contact with the parking company or their enforcement agents in any way which may be construed as an admission by you that you did park the car at the place and time alleged, e do not ask for leniency or claim special circumstances etc. as this does confirm that you are actually liable. Can I emphasise that this refers only for private car parks such as those normally found in shopping centres, cinemas, restaurants etc. It does not apply to Council-owned and operated car parks where the full weight of the law can come crashing down on the registered keeper,

Hi, I'm hoping for some advice re. an ordinary cause action I'm defending in Scotland . The Pursuer is Arrow Global with Shoosmiths acting as their solicitors - pursuing an alleged debt of £7,239 which they claim was assigned to them by HBOS. The last day for submitting any adjustments to either the writ or defences is 1st April (i.e tomorrow!!). I had previously requested a lot of relevant documentation regarding this case, but heard nothing until today when Shoosmiths telephoned me, saying they now had the documentation I had requested and asking if they could send it to me by e-mail, adding that they would send the hard copies to follow by post. What they have actually e-mailed is a greatly adjusted writ, which has clearly been re-written in response to my original defences, along with a copy of a personal loan agreement I had signed 15 years ago for an advance of £2000 with approx £500 in personal protection. The documents they have sent me have clearly been submitted to the court today as well, which will keep them within the time limit for submitting adjustments, but I did not receive the e-mail until late afternoon, so I was already too late to respond by the time I received it. I can't believe I was stupid enough to give them my e-mail address, and I can't believe they can get away with pulling a prank like this. Surely there must be something I can do to be able to respond to their significantly re-worded writ. I would be grateful for any advice that anyone can offer.

Hello looking to get help regarding my debt. I live in Scotland. I work part time and i sell on ebay as self employed From over 2 years due to overseas sellers use fulfilment my profit went down. Never was big but now just doesn'r exist. On top of that my landlord want to increase my rent. Every month i have more debt so me and my wife decided to comeback to our home country(in EU) Where we can get some help from our family My debt is 2500GBP on credit card 300GBP bills And 1100 GBP for rent I can't afford to pay those money so i would like to know what is best option? Should i just leave and don't say anybody? Could they find me over there becouse it's EU country? or tell my creditors that i move aboard but don't say where? I really don't know what to do and any help would be good

I was sold an un-roadworthy vehicle by a trader masquerading as a private seller. I've sought to contact the trader by email, phone and mail but he has failed to respond to any communication. The car trader is based in Scotland, while I reside in England. As the sale took place in Scotland, does anyone know if am I obliged to proceed through the Scottish sheriff court system? The England and Wales system is available online, while in Scotland one physically has to file papers in the sheriff court as I understand. Thanks in advance for any thoughts

i have received a summary warrant from Walker love well 5 actually , three amounting to just over £300 , £30 for missed payment this year and £267 for the water rates part when i was unemployed , it is the first two i am most concerned with . The first has a warrant date of 27/07/10 for £776.66 the second a warrant date of 01/08/11 for £678.78 , i did not take over the tenancy until May 2012 , my late wife was the sole tenancy signature until her death and mt signing a new agreement . When i signed the agreement i was not told about this debt and it came out the blue in 2014 , no mention of it before this , can they transfer a warrant in to my name when it must have been served under my late wife,s name ? , if they cant is it legal to charge me using these warrants ? , and finally , how do i deal with WL , thank you in advance

Hi all, I am looking for a bit of advice. I have worked for the same company for 27 years but due to ill health I have been unable to work for the last year and it is unlikely that I will be able to work in the forseable future. My employers have paid me for the last 12 months but now my sick pay has expired. I have no financial capital and am using last years annual leave to keep me going. I dont know what to do and am looking for a bit of advice. My partner used to claim ESA but we stopped that when we moved in together due to my income. Now my income has effectively stopped, what can I do to get help to pay my rent etc ???? If it helps, my illness is a mental illness Any help would be appreciated or if you specialise in this area, i would be happy to give more specific details by private message

I am a secure tenant of a social housing landlord in Scotland and have been so for fifteen years, at the same address throughout. I am the sole tenant, I do not sub-let or keep lodger(s), however for the last three plus years I have allowed a friend to stay with me in the property as my "guest" (for want of a more appororiate term), and it has been their sole and only home throughout that period. The landlord has been aware of their presence at the address throughout, and has not objected or attempted to have them removed. Following almost three years of a difficult and steadily deteriorating relationship between myself and the landlord, relating to other matters unrelated to my co-habitee, my landlord has now served a summons for eviction on me. I'm disputing it in court on the ground of the landlords unreasonable expectations and demands, but quite frankly only rather half-heartedly as I realise and accept that even if I win, our tenant/landlord relationship is untenanble in anything more than the very short term on account of our various difficulties over the last three years. Essentially I'm none to bothered whether I win or lose, as I'm going to have to move on sooner rather than later anyway, and while I'd rather have a bit more time and wait until circumstances were somewhat better to move on, if I have to make do with what alternative accomodation I can arrange right now, so be it. My co-habitee's situation is however rather different. Having been a resident at the address for three years and known to the landlord as such throughout that period, I am given to understand they have the status of a "qualifying occupier", and as such have a right under legislation for the Court to be taken in to consideration upon what the impact would be on them should an eviction of the tenant be granted. How I, or my co-habitee goes about making the Court aware of their circumstances and the impact of my eviction on them as a resident at my address is where my questions lie, as obtaining information on this seems almost impossible to locate. So far we have been led to believe that for their interests to be considered by the Court, they need to apply to be "sisted" to the Summons - however the flip side of being sisted, or at least one of them, is that they, at the Sheriff's discretion can then be made liable for some/all?? of the sum of money my landlord is seeking in connection with my eviction. Is this the only "down" side (for them) in being "sisted" to the summons, or are there other potential negative issues? Is it absolutely necessary that they be "sisted" for them to be able to address/inform the Court of how they will be affected by granting my eviction - To me anyway, it seems strange that the legislation appears to say that the Court is obliged to consider them anyway, that they need to be pro-active in making sure the information for the Court to be able to do so is in front of the Court, and, have to run the risk of being held responsible for a monetary sum, when in effect they are an innocent and uninvolved party who just happens to going to be losing out whatever happens , in a dispute between a landlord and tenant.

Govan Law Centre has launched a campaign which it hopes will give a voice to people in the private rent sector and lead to reforms. Staff from the service which provides free legal support are holding street stalls throughout the city as part of the lottery funded research project. They hope tenants who have had problems with landlords will come forward and tell their story. READ MORE HERE: http://www.eveningtimes.co.uk/news/law-centre-campaign-to-help-tenants-203848n.123407248 More info Here from GLC: http://govanlc.blogspot.co.uk/2015/03/govan-law-centre-endorses-living-rent.html

Hi folks, Seriously dyslexic, I know this is an wrong place but I'm hoping somebody would be kind enough to move for me and my say thank you in advance to everyone for reading this. Microphone off I have an ongoing dispute with npower and I need a little information on whether this is acceptable for a freedom of information request. About five years ago I moved into a new property, rented took a dual fuels contract with them giving me a discount on both services. Shortly into the contract I started having problems with mental health issues (ADHD, bipolar disorder among others) and I missed a few payments. They split the bills up, I now have letters with three different account numbers for each service, as well as some of the letters and bills, addressed to the owner/occupier rather than in my name. In some of my clearer periods, I’ve attempted to clear this up with npower telephonically as well as through writing to no avail. Telephonically I would call up explain who I was what had happened, they would take details ask me for meter readings as well as a meter identification numbers which I would supply. Consistently the response would be the same. Npower: that doesn’t make sense, are you sure you have supplied the correct details. Me: yes I have indeed would you like me to send photos. Npower: yes please, if you could email them to me and then I will get back to you as soon I can. I’ve been through this process several times and no one ever gets back to me, except for the debtors team or collections team whatever. In one of my less clear moments, they managed to get an entry warrant because I wasn’t paying attention to my mail, when the bailiff served the warrant I showed him all my evidence. I also showed evidence of me trying to resolve the issue. He reported back to npower and went through the exact same procedures I had, the exact same results. He chose not to enforce the warrant telling me that if he had seen the evidence prior to going to court he would not have. He reported back to Npower that he was unable to fit the meter, he gave me great advice on how to block Npower from trying to enforce the warrant for the remaining six weeks of its validity. I have also tried to resolve the issue through writing, where unfortunately we cannot seem to manage clear concise communication that brings out an end result. They have accused me of tampering with the equipment which proved to be erroneous. Somewhere in between April and June 2014 a service agent made entry taking photographs of all the equipment, he admitted that they had mismatching information and were in the process of resolving the issue in our stairwell…. I sent in a letter of complaint which started dealing with the issue but that broke down rather rapidly I'm still not too sure who or why (having had an accident in October 2013 to which I am now just recently fully recovered) but still seeking medical attention for related problems. I do not believe this issue can be resolved without third party involvement. The electricity accounts that they are preparing to take me to court to recover arrears (dated 2 March 2015 your outstanding balance notice of intention to apply for a warrant of entry and notice of intention to file a default on your credit file) is the account that they have had continuity of my name. Ideally if we are going to court for something I want both fuels together, as the contract stated is dual fuel contract. And the serious breakdown in communication has always occurred when trying to resolve the identifiers with the gas account and equipment. They have rewired our entire stairwell and can only presume that it is my flat is holding up as all the rest of the stairwells seem to have been wired up. What I want from Npower to bring about final resolution: 1.) To return my fuels to a duel fuels contract with discounts applied for the preceding years. 2.) I believe that throughout this process I have also been put on higher fuel charges if this is so I want them returned to the contractually agreed prices. 3.) I want them to remove all the charges as well as interest charges that they have added to my account both manually as well as automatically(Call out charges, letter charges, the first warrant charges) 4.) And if we can agree on this then it’s a matter of compensation. What I want from in Npower by way of freedom of information act: 1.) A full statement of accounts (asked for several times never provided). 2.) A copy of all letters sent to me in paper format. (ADHD, dyslexia, eye distress it easier for me to have all of our communication in a paper format so I can identify specific areas that I would like to dig deeper.) I believe there were changes made to my account at some point in the last 12 months, but I'm not sure exactly where or how. I have a lot of communication here but due to mental health issues I cannot be sure I have all of it, and in order to go court I need to be clear and concise. 3.) A copy of all communications in digital format (including all metadata, manual changes to my account, all call recordings) 4.) Basically anything to do with me, I want to know who they sent my personal information to under what circumstances and for what purpose.

Hello I recently inherited house from parents and have received a demand from the council factors demanding payment for building insurance for £200. My parents bought this house ex local authority years ago (terraced block), and apparently it is in the title deeds even though my parents were not leaseholders but freeholders and the block is mostly privately owned. Can they enforce this charge on me even though I signed for the house surely that agreement was with my parents and not me? I checked deeds but to be honest didn't understand much of it never even heard of a factor before either and £200 seems a bit steep. Hope someone with more brains than me can help.

Hi folks, just joined and looking for advice. In January 2012 I entered into a 3 year trust deed. After about a year I sustained a serious head injury and was left with brain damage which meant I could no longer work or afford the £200/month payments. I contacted the company and they seemed very helpfull and agreed that while I was on benefits I would no longer need to make the payments. Last summer I was contacted by them and they asked if I could have a letter from a medical professional dealing with my case to confirm my injury was long term with a view to closing my trust deed early. which I arranged. I called them at the end of January to inquire about what was happening and I was told that the creditors were being informed and the deed was moving to closure. 2 weeks ago I was contacted by a member of the company who seemed quite angry and told me I had to pay all the £200 installments. I told him about my previous correspondence with his company and haven't heard from him since. I am however concerned that I am still not in receipt of my letter of discharge. Any advice would be greatly appreciated.

Hi everyone, first time poster here. Just a couple if queries that I couldnt see answered on the forum already. I bought a car by private sale recently in England but am resident in Scotland. I did a HPI check via AA and it was clear but a number of things give me the nagging feeling something is up. I just wondered if anyone knows how likely it is that a log book loan would not come up on an HPI check? How easy is it to enforce a repossession given that the vehicle is now registered on Scottish soil and the BOS isn't part of Scottish law? If the HPI check fails to show something does that give me any redress under the code of conduct or is there another data base that the LBL company could have used to get around that?

Hi All Im hoping you can give me some valuable information as you guys did before. My Grandad took out a loan and sneakily got my nan to counter sign the application. Unfortunately my Grandad has passed away now due to him getting my nan to counter sign, They are now chasing her for the debt. To which she was extremely surprised about as he never discussed the loan with any one. West croft did take up the chasing of the loan but i managed to sent them packing. As they were not aware my Grandad had passed away, once id informed them of that they wrote to me apologising and said the would take no further action. Thus passing it back to the bank of Scotland. I know she should have asked what she was signing at the time but now there hounding a frail 84 year old for £5179.44. It is now making her ill with worry and stress. Ive got a letter of authority from my nan so i can step in and deal with this on her behalf to try to relive some of the stress there causing here. Any advice would be appreciated Miky J

Hi there, I have accumulated over 85k in loans and credit cards and have just lost my job and no way to pay back. Is it possible for me to make myself bankrupt? I live in Scotland. Any help very much appreciated. I don't see any other way out... Many thanks,

Hi, below i have paste information from the Scottish gov. website. If you are thinking of defending a repossession procedure and that you are not able to get legal aid, you cant afford a solicitors, you can get a Lay Representation to speak on your behalf. You can contact the Scottish Shelter to help you. At the moment i am at the early stage with my bank, they are threathening me with calling up notice if i dont pay up debt over £200,000.00 ( 3 accounts ) two account they cannot produce credit agreement documents. This dispute being going on for 6 years. Home Owner and Debtor Protection (Scotland) Act 2010: Guidance on Lay Representation Introduction/Background 1. This guidance relates specifically to section 24E of the Conveyancing and Feudal Reform (Scotland) Act 1970 (the 1970 Act) and section 5F of the Heritable Securities (Scotland) Act 1894 (the 1894 Act), as introduced by the Home Owner and Debtor Protection (Scotland) Act 2010 ("the 2010 Act"), and the Lay Representation in Proceedings relating to Residential Property (Scotland) Order 2010 (the Order), which allow for the lay representation of home owners and entitled residents in court proceedings for possession of residential property (including recall proceedings). 2. In early 2009, in response to the economic downturn and consequent rise in repossessions, the Scottish Government convened a Repossessions Group, as a sub-group of the Debt Action Forum, to consider whether protection for Scottish home owners facing repossession was sufficient. Members of the Group represented a wide range of interested parties, including representatives from the Council of Mortgage Lenders, the Finance and Leasing Association, the Scottish Law Commission, Shelter, Citizens Advice Scotland and the Scottish Legal Aid Board. The Group made a number of recommendations to strengthen protection for home owners, which were taken forward through Part 1 of the Home Owner and Debtor Protection (Scotland) Act 2010, to: require all repossession cases to call in court; require lenders to demonstrate to the court that they have considered reasonable alternatives to repossession; and enable home owners to be represented in court by approved lay representatives. 3. Paragraphs 5.3 to 5.14 of the Repossessions Group Final Report, published in June 2009, recognised that the repossessions process, in particular a court appearance, can be intimidating for home owners faced with repossession. The Group acknowledged that there was a need to improve arrangements for assisting those individuals affected by the formal procedures, including better access to information, but also better access to the full range of appropriate advice and representation providers. It was felt by the Group that there were particular issues about enabling access to representation, and that the existing restrictions on rights of audience exacerbated problems. Individuals who did not qualify for legal aid and could not afford to instruct a solicitor were faced with the prospect of appearing at court as an unrepresented litigant. The Group recognised that non-solicitor advisers were limited in what they could do in such cases, and identified that it would be helpful if experienced providers of lay advice and representation, where appropriate, were allowed to play a larger role in helping unrepresented litigants in the court process. 4. To tackle these issues, the Group recommended that there should be statutory change to enable home owners to have the option of being represented in court by approved lay representatives as well as solicitors. This would make the court process more accessible and encourage more people to take advantage of the legal protection on offer. 5. Section 24E(1) of 1970 Act and section 5F(1) of 1894 Act allow for the debtor or entitled resident to be represented by an approved lay representative in court proceedings in relation to a creditor's application to exercise the remedies available on default by the debtor in respect of a security over residential property, including repossession, (extending to recall proceedings under sections 24D and 5E respectively of those Acts), except in the circumstances which are prescribed by Scottish Ministers. 6. Secondary legislation prescribes those persons and bodies which may approve lay representatives. Those individuals approved as lay representatives will be required to satisfy the Sheriff throughout the proceedings that they are a suitable person to represent the debtor or entitled resident and that they are authorised to do so by that individual. 7. The provisions introduced by the 2010 Act essentially introduce rights of audience for approved lay representatives to defend proceedings related to applications for creditors' remedies on default, including repossession. It should be noted that the Act does not confer an automatic right on debtors and entitled residents to such representation, nor does it mean that an approved lay representative is obliged to participate in all proceedings. Nor can an approved lay representative act for a creditor. 8. This guidance is primarily directed towards those persons or bodies who are prescribed for the purpose of approving lay representatives, but is also relevant for approved lay representatives. The guidance explains the role of a lay representative and the competences expected of an approved lay representative. It is intended to aid prescribed persons or bodies in approving lay representatives. 9. The guidance sets out advice on how prescribed persons or bodies should approach the approval process, and importantly how organisations should seek to manage the provision of lay representation so that the individual client receives appropriate assistance from the appropriate adviser. This may in some instances mean that it is more appropriate for the individual to receive assistance from a solicitor than from a lay representative due to the complexity or the type of case that is involved. What is a Lay Representative 10. Section 24E(3) of the Conveyancing and Feudal Reform (Scotland) Act 1970 , and 5F(3) of the Heritable Securities (Scotland) Act 1894 define a lay representative as an individual, other than an advocate or a solicitor, approved for the purposes of that section by a person or body prescribed, or of a description prescribed by the Scottish Ministers. That definition is filled out by Article 3 of the Order, as set out in paragraph 20 below. The Role of a Lay Representative 11. Previously, in repossession proceedings, there was a limit to what non-solicitor advisors could do. The only individuals with rights of audience to represent and participate in the proceedings were solicitors or advocates. The provisions introduced by the 2010 Act mean that lay representatives also have these rights of audience, so that any debtor or entitled resident involved in these proceedings can have a lay representative acting for them if they so choose. However, prescribed persons or bodies should ensure that approved lay representatives are clear about the extent to which they can and should be acting in any specific case or circumstance. Lay representatives should be clear about the point at which they are not competent to deal with a specific case or a particular aspect or legal process, and should refer cases where appropriate to a solicitor who is skilled and knowledgeable in this area, or to another lay representative with the relevant skills and knowledge either in their organisation or another advice agency. It is expected that lay representatives will not normally charge for their services. 12. Standard 4.3 in Section 1 of the Standards, refers to referral arrangements. It is recommended that approved bodies, whether accredited or not, adopt arrangements such as are envisaged by this standard. If in the opinion of the lay representative the circumstances are such that the individual would benefit from legal advice, they lay representative should consider referring the individual to a solicitor and remind the individual that they may be eligible for legal aid. The lay representative should therefore be familiar with the financial eligibility requirements 1 of legal aid. 13. The legislation defines the term "lay representative" for repossession proceedings, with a view to both protecting the debtor or entitled resident, and to ensuring that court business proceeds smoothly. Only individuals who have the appropriate skills and knowledge to understand the proceedings and to represent individuals effectively may be approved to act as lay representatives. Someone who does not understand the relevant court proceedings or legislation is not equipped to be able to represent the interests of debtors and entitled residents properly in court. 14. Other people such as a friend, spouse or colleague can in some instances attend court proceedings to support individuals but this is distinct from the active role of the statutorily defined lay representative, and they will not have the right to participate in repossession proceedings on behalf of the individual. Satisfying the Sherriff that you are competent to be a lay representative and authorised to do so. 15. Section 24E(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, and 5F(2) of the Heritable Securities (Scotland) Act 1894 require that an approved lay representative must throughout the proceedings satisfy the Sheriff that: he or she is a suitable person to represent the debtor or entitled resident; and he or she is authorised by the debtor or entitled resident to do so 16. In line with this requirement an approved lay representative will need to be prepared to demonstrate to the Sheriff that they are competent and authorised to appear before the Court as a lay representative. Approving organisations are encouraged to provide their local courts with a list of persons approved by them to act as lay representatives along with letters of confirmation of approval that individual lay representatives can show the Sheriff if required. This should be done in advance of any hearing in order to inform the Sheriff that such individuals are competent to appear in court. 17. It is strongly recommended that approved lay representatives also obtain written confirmation that they are authorised by the debtor or entitled resident to act on their behalf, which can similarly be provided as documentary evidence for the Sheriff if required. 18. Prescribed bodies or persons approving lay representatives should ensure that those individuals approved to act as a lay representative are aware that the Sheriff is responsible for ensuring efficient use of court time. This means if the Sheriff considers that the lay representative is not a suitable person to act on behalf of the debtor or entitled resident, and therefore that it is not in their interests for this person to continue to represent them, then the Sheriff may discharge the lay representative and they would no longer be able to take part in the hearing. 19. Such discharge and any resulting postponement of the proceedings would be extremely inconvenient for all concerned and the costs involved with postponing are likely to fall on the debtor. It is therefore important that approving organisations ensure that all lay representatives approved meet the criteria to demonstrate that they are competent. Prescribed persons or bodies for the purposes of approving lay representatives 20. Individuals can act as lay representatives so long as they are approved as such in accordance with the legislation, and are not barred from acting by virtue of article 12 or 13 of the Order (e.g. as a result of inadequate performance). Article 3 of the Order prescribes those persons or bodies which have the power to approve individuals to undertake lay representation. These are: Organisations with a current entry on the register of advice organisations established and maintained by the Scottish Legal Aid Board; Organisations which have been awarded accreditation at Type III level against the Scottish National Standards for Information and Advice Providers; Local Authorities; and Citizens advice bureaux which are full members of the Scottish Association of Citizens Advice Bureaux - Citizens Advice Scotland. 21. To ensure consistency and high standards, however, it is recommended that all prescribed persons or bodies pay close attention to the Scottish National Standards for Information and Advice Providers, when approving individuals as lay representatives. Scottish National Standards for Information and Advice Providers 22. The Scottish National Standards for Information and Advice Providers (hereafter referred to as 'the Standards') were compiled by the Scottish Government with the assistance of advice providers in the voluntary and statutory sectors. 23. The Standards are a framework for the development of effective and efficient services and were compiled in recognition of the fact that people choose to access information and advice from various s sources. 24. The Standards framework can be used by any advice provider to improve the quality of its advice service. The standards can be found here: http://www.scotland.gov.uk/Publications/2009/10/05112820/02 25. The Standards distinguish between three principal types of advice giving and intervention. These are: Type I - Active information, sign-posting and explanation; Type II - Casework; and Type III - Advocacy, representation and mediation at court or tribunal level. 26. There is a more detailed explanation of the Types given in the Standards manual. 27. The Scottish Government specifically directs prescribed bodies to certain standards within the Scottish National Standards for Information and Advice Providers for the purpose of this guidance, both in respect of organisational standards as well as those which relate to competencies of individuals. Procedure for approval of lay representatives 28. An individual wishing to act as a lay representative will require to make an application to the approving organisation. A person will not be able to make an application to an approving organisation if they have made an application to another organisation which has yet to be determined. 29. The consideration of an application by the approving organisations must have regard to the interests of persons who might seek to be represented by an approved lay representative. 30. The approving organisation's consideration of an application must also involve an assessment of the applicant's: (a) Knowledge and understanding of: (i)) Scottish legislation and common law in so far as they relate to housing and repossession and (ii) Court procedures and rules, specifically in relation to summary applications in the Sheriff Court (b) Competence at constructing and stating a case both orally and in writing © Advocacy skills, in particular in support and representation 31. The key competences that approved organisations will wish to take into account when assessing an individual's suitability for the role of lay representative are set out in more detail in paragraphs 42-51 below. The approving organisation must also obtain an undertaking that the applicant if approved to act as a lay representative will not act as a lay representative in any situation where this would place the applicant in a situation of conflict of interest, and that the applicant will respect client confidentiality. Training requirements 32. As part of the approval process, the approving organisation may provide an applicant with training in order to assist the lay representative to achieve a satisfactory level of knowledge, understanding, competence and skill in the areas outlined in paragraph 30. 33. Moreover, depending on the competency levels of the applicant, the organisation may need to consider an individual's training needs and arrange or provide training before being able to grant approval. Management and monitoring the performance of approved lay representatives 34. Prescribed persons or bodies have the responsibility of approving lay representatives and it is important that they have systems in place which also set out their own criteria for such approval of individuals. Furthermore such persons or bodies should also have organisational arrangements in place for managing the activity as part of their services. 35. It is recommended that prescribed persons or bodies, whether accredited or not, observe the organisational standards in Section 1 from page 9 of the Standards 3. Close attention should be paid to standards 2.1 - 2.6 4 and 4.1 - 4.7 5 in Section 1 of the Standards, with particular regard to delivering a Type III service on mortgage repossession work. 36. It is advisable that prescribed bodies develop an action plan showing how they intend to manage and deliver the particular elements of service delivery that will be carried out under the lay representation provisions. The organisation will need to be able to relate information about competence, training and supervision of staff to the specific category of circumstance that work will be carried out in. 37. The prescribed persons or bodies should put in place a system for monitoring the performance of individuals approved as lay representatives, paying particular attention to any complaints or concerns about their performance as lay representatives raised by Sheriffs, other court staff or clients, investigating any such complaints thoroughly (see paragraph 59). 38. Prescribed persons or bodies should ensure that approved lay representatives are clear about the extent to which they can and should be acting in any specific case or circumstance. They should be familiar with the financial eligibility requirements of legal aid and remind a debtor where appropriate that they may be able to employ a solicitor through legal aid funding. Lay representatives should also be clear about the point at which they are not competent to deal with a specific case or a particular aspect or legal process, and should refer cases where appropriate to a solicitor who is skilled and knowledgeable in this area, or to another lay representative with the relevant skills and knowledge either in their organisation or another advice agency. Standard 4.3 6 in Section 1 of the Standards, refers to referral arrangements. It is recommended that approved bodies, whether accredited or not, adopt arrangements such as are envisaged by this standard. 39. It is recommended that those persons or bodies with the power to approve lay representatives maintain a definitive list of individuals whom they have approved as lay representatives and review appropriately their performance in this capacity. The approval of each representative must specify the sheriff court districts in which they are expected to act, and it is recommended that the list include that information. This does not limit the number of sheriff court districts in which a lay representative can act but it will be for the approving organisation or body to specify these districts as part of the approval process. 40. It is important that prescribed persons or bodies ensure approved lay representatives are consistently meeting the standards recommended within this guidance. 41. If an individual is not meeting these standards, the prescribed person or body should ensure the individual receives training to improve their performance and should suspend the individual's approval until the person or body is satisfied that they are competent to resume acting as a lay representative. If the person or body remains unsatisfied, they must withdraw their approval. Individual competencies relevant for approval as lay representation 42. It is recommended that in approving lay representatives, prescribed persons or bodies should consider whether individuals are capable of meeting the generic competences for advisers, within the Section 2 Competences for Advisers and Agencies of the Standards. 7 43. Prescribed persons or bodies should note that the competences required for accreditation to Type III - Advocacy, Representation and Mediation level will be particularly relevant for work lay representation . 44. Prescribed persons or bodies should consider whether an individual meets the housing specific knowledge competence for Mortgages/Secured Loans in Section 2 of the Standards. 45. The following key recommended competences are relevant to specific activity that will be undertaken in the court setting. These should be considered in addition to the competences set out within the National Standards, where such competences are not explicitly mentioned in the Standards. Key Recommended Competences of a Lay Representative 46. The key competencies which it is recommended an individual should hold before a prescribed body approves them to act as a lay representative are detailed below. 47. These competencies are considered to be particularly relevant and important when judging the suitability of individuals for the role of lay representative. 48. Has impact and credibility as a representative because: has a good knowledge of subject area, particularly mortgage arrears and repossession procedures used by lenders, FSA regulations and good practice relating to the treatment of customers in arrears, including MCOB 13 8, and consumer credit legislation, and in particular relevant Scottish legislation such as the Heritable Securities (Scotland) Act 1894, the Conveyancing and Feudal Reform (Scotland) Act 1970 and the Home Owner and Debtor Protection (Scotland) Act 2010, and the Applications by Creditors (Pre-Action Requirements) (Scotland) Order 2010. has an ability to make links where appropriate with other relevant areas of law retains objectivity has a good understanding of relevant evidence and presents the above in a structured, coherent and persuasive manner both in writing and orally 49. Undertakes legal research effectively researching relevant legislation, common law and case law, government, regulatory and industry guidance and Codes of Practice, policy statements, etc Understanding the importance of collecting and preserving evidence Discussing all options and their consequences with clients objectively and clearly 50. Understands relevant Court rules, protocols and procedures and basic principles of rules and evidence (e.g. hearsay) understands Sheriff Court procedures and possession procedures, including relevant court notices, application procedures and forms understands the procedure involved in conducting a proof understands the role of officers of the court - i.e. sheriff clerks and appropriate behaviour in court, including the importance of not wasting court time with irrelevant, frivolous or theatrical interventions 51. Use their knowledge, understanding and research to identify arguments, defences and remedial strategies in arrears and repossession actions and present these in a clear manner Identifies arguments which support the client's defence and advise on court orders which it may be appropriate to seek Presents these arguments in a structured, coherent and persuasive manner both in writing and orally Understands post-possession order procedures Challenges negative decisions, actions or legal interpretation which may be adverse to clients Demonstrates an ability to 'think on their feet' in a Court/litigation environment Is prepared to pursue a case to a conclusion where competent to do so and where the client wishes to do so, while at all times clearly explaining the consequences of any action to clients, and seeking to negotiate constructive solutions and arrangements with lenders, court staff or other interested parties where feasible. Withdrawal of approval of lay representatives 52. An approving organisation may withdraw any approval it has granted by providing notice to the approved lay representative. 53. The procedure for withdrawal of approval must involve an evaluation by the approving organisation of the approved lay representative's performance, in particular whether the approved lay representative: no longer satisfies the criteria set out in the procedure for approval is performing inadequately and the approving organisation considers that the approved lay representative's performance could not be sufficiently improved by additional support or training; or has acted dishonestly, in breach of client confidentiality, or in a situation of conflict of interest. 54. Where an approved lay representative has been provided with additional support or training and following a further evaluation the approving organisation considers that the approved lay representative cannot perform adequately, the approving organisation must notify the approved lay representative that the approval is withdrawn. 55. An approval of an approved lay representative is deemed to be withdrawn if the organisation which granted the approval ceases to be an approving organisation. Circumstances in which an approved lay representative may not act 56. An approved lay representative may not represent any debtor or entitled resident other than in proceedings where the debtor or entitled resident is a client of an approving organisation, though not necessarily the organisation that approved the lay representative. 57. Where an approved lay representative is performing inadequately and the approving organisation decides not to withdraw approval; and instead to provide additional support or training to improve the performance of that lay representative, the approved lay representative may not represent any debtor or entitled resident until the approving organisation is satisfied that the approved lay representative can perform adequately. Prescribed persons or bodies to provide Scottish Ministers with information 58. Those persons or bodies with the power to approve lay representatives may be required to provide information to Scottish Ministers about lay representatives. 59. Scottish Ministers will not seek to obtain information on individual lay representatives, but it is anticipated that aggregated and anonymised information will be requested from approved organisations, particularly: total number of individuals approved as lay representatives by that organisation the number of lay representatives approved by that organisation over a specified period (for example during the previous year) the range of Sheriff courts in which these lay representatives operate and the number approved to operate in each Sheriff court details of the training provided to lay representatives by approving organisations over a specified period (for example during the previous year) number of lay representatives that have had approval withdrawn over a specified period (for example during the previous year) and the reasons why approval had to be withdrawn Although not required under the Order, it is hoped that approved organisations will nevertheless co-operate, wherever possible, with any other information requests that Scottish Ministers may make for the purpose of monitoring and evaluation, or arranging additional training, awareness raising or other support to ensure an effective lay representation service is available everywhere. For example information might be sought about: the approximate number of cases in which they have provided lay representation for repossession cases the sort of feedback approved organisations have received about client satisfaction levels when they have offered a lay representation service any issues or difficulties (beyond any need to withdraw approval of individual lay representatives) which have arisen in providing a lay representation service, for example an indication of the approximate number of times when they may have had to turn down requests for lay representation and the reasons for having to do so Indemnity Insurance 60. Persons or Bodies with the power to approve lay representatives are strongly recommended to consider the liability of those individuals that they approve, and indeed the liability of the body for the actions of individuals approved by it. Prescribed bodies should refer to Standard 3.9 and 3.11 9 in Section 1 of the Standards and consider their position. They are strongly encouraged to ensure that they have appropriate Indemnity insurance. Complaints procedures 61. Those bodies with the power to approve lay representatives should ensure that they have a complaints procedure in place, for individuals receiving lay representation to use if any problems arise during the process, and that any complaints are investigated thoroughly. (See paragraph 36 above and Standard 3.11 in Section 1 of the Standards) 62. As part of ongoing work to ensure that approved lay representatives are continuing to act at high standards, prescribed persons or bodies should seek regular feedback from users and stakeholders, such as court staff and Sheriffs. (See Standard 3.12 in Section 1 of the Standards) Housing Access and Support Division Scottish Government Yes, its alot of reading. I am doing alot of reading to fight my bank. i am going to represent myself to contest the calling up notice if my bank decide to go down the road issuing me with a calling up notice. The bank's solicitors keep making threats to take me to court (3 letters so far), and Up to now they have not given me clear breakdown of the debt. Just demand the total amount from the 3 accounts that i have with the bank.

Hi, I contacted SHELTER SCOTLAND regarding Calling up notice in Scotland and they gave me a very good information .Below i have paste the information from Shelter Scotland for fellow Scots who's been threathend Repossession by the Bank. Dear .............. Further to our telephone conversation I have the following information for you. I note that you wish to challenge a Calling-up Notice on the basis that RBS have so far failed to provide you with a breakdown of the money due by you. There are two legal provisions to consider at this stage. There are two legal provisions to consider at this stage. Firstly, under Section 19(9) Feudal Conveyancing and Reform Act 1970, upon receipt of a Calling Up Notice, a debtor may request a ‘statement of the amount as finally determined.’ This must clearly be in response to the debtor having received the Notice, as opposed to a general request for information, Bank of Scotland v. Flett 1995 SCLR 591. The creditor must respond within one month from the date of serving the Calling Up Notice (s19(9). Should the creditor fail to comply with the request, the Calling Up is of no effect. Should they provide the statement as requested and within one month of service of the Calling Up, the notice will take effect. The debtor nevertheless has the opportunity to attend court or be represented, and she may have a Pre-Action Requirement defence as follows:- It is also possible to raise court proceedings for suspension of a Calling up Notice, however this would be where the existence of the debt is disputed and not for a dispute as to the level of the debt, and the breakdown of the various component parts- interest, charges etc. Secondly, under Section 24A(2) of the Feudal Conveyancing and Reform Act 1970 which covers the Pre-Action Requirements creditors are now required to provide the debtor with clear information about:- (a)the terms of the standard security; (b)the amount due to the creditor under the standard security, including any arrears and any charges in respect of late payment or redemption; and ©any other obligation under the standard security in respect of which the debtor is in default. The Applications by Creditors (Pre-Action Requirements)(Scotland) Order 2010, Article 2 states that (2) In providing the debtor with clear information for the purposes of section 5B(2) of the 1894 Act and section 24A(2) of the 1970 Act— (a)information about the terms of the security must include a description of the nature and level of any charges that may be incurred by virtue of the contract to which the security relates if the default is not remedied; and (b)information about the amount due to the creditor under the security, including any arrears and any charges in respect of late payment must be broken down so as to show— (i)the total amount of the arrears; and (ii)the total outstanding amount due including any charges already incurred. (3) For the purposes of those sections “charges” do not include any expenses for which the debtor is personally liable to the creditor by virtue of paragraph 12 of Schedule 3 to the 1970 Act, as read with section 11 of that Act(1). (4) The information required to be provided to the debtor by virtue of those sections must be provided as soon as is reasonably practicable upon the debtor entering into default. It is not entirely clear whether this requirement to provide clear information applies both before expiry of the Calling up Notice and after expiry. In any event, it would be advisable for you write to RBS or their solicitors requesting this information before service and after expiry. Should the creditor fail to comply with the Pre-Action Requirements the action would be incompetent. If you receive court papers you should take legal advice as soon as possible. Helpline Adviser T: 0808 800 4444 Shelter Scotland Glasgow Advice Service 1st Floor, Suite 2 Breckenridge House 274 Sauchiehall Street Glasgow, G2 3EH

Hello everyone, I have a question regarding provision of heating in Scotland. I am renting a private accommodation and, as per usual, agent seems not to care, even though has been informed (emailed twice, now I am intending to send them a formal letter) the heating does not work properly. I have no boiler and only electric heating in the whole flat. Problems: 1) the radiator in the living room does not operate, tried all the switches that there are and it will not budge. (There is a small, fixed electric fireplace in the living room but it is only on/off and does not provide enough heat anyway when constantly on). 2) the radiator in a bedroom (smallish for the size of the room), whilst constantly on full power, never provides enough heat - as I am writing, being there, I feel cold, my fingers feel stiff and cannot bend them without minor pain. There is also draft due to improperly insulated windows in the bedroom and the the living room. 3) A heavy, vertical radiator in a bathroom is not properly fixed and is prone to falling of the wall which is a health hazard (apparently, the agent have been made aware about this by previous tenants as well and made no repairs). 4) There is no heating system whatsoever in the kitchen - is the kitchen excluded from provision of heating? My understanding is that the flat does not comply with tolerate and repairing standards and the issues I have mentioned above should have been addressed by the agent. I want to write a properly formatted, detailed letter to the agent but I canno find within the Shelter Scotland website (and others) or Scottish Housing Act precise information about the tolerable and repairing standards in respect of heating, that is: what are the exact minimum celcius temperatures in bedrooms and living rooms that the fixed appliances should provide at all times? I would be thankful if anyone could point me towards relevant legislation and/or guidelines as well as what the next step I need to take, should the agent disregard my formal letter of complaint. Thanks, K.

I changed my name in 2006 whilst living in England and from then on-wards I did not make any payments towards my debts in my old name. I did not inform my banks or creditors of my change of name and have not applied for any credit accounts since then. I have been living in Scotland for 1 year and all of a sudden I have had Sheriffs Officers visit my address on a few occasions looking to speak to my "old alias. I have not acknowledged the debts at all, I have simply told them that there is no such person living at my address. My questions are: A. Can Sheriffs officers pursue a debt in Scotland that was built up in England? B. If so, can they pursue these debts if more than 6 years have passed and there has been absolutely no contact or acknowledgement of the debt either by phone, writing or any other method? C. Can I continue to use the same method to get rid of these peoples i.e. plead ignorance that the person doesn't exist at my address? Any help or advice would be greatly appreciated!

I previously had a Scottish Widows credit card in which I have located some old statements with insurance added in which at the time, I would have not needed. I also located the original pack with the insurance application still intact inside. The account was later taken over by Lloyds TSB and when I contacted them before christmas about the above, they advised that they had no details but would pass on accordingly ? I have today received an acknowledgement from HBOS Customer Services from a Leeds address. Sorry for a silly question but in order to try and obtain any missing details, would anybody know what current address that I would send a SAR to for the prior years that Lloyds advised they had no record of ? Appreciate any assistance. Cheers

My partner received a "fine" from one of these companies for overstaying in a free Pets at Home car park. Initially requested to pay £60 which would increase if not paid. He has appealed this charge quoting information from CAB and requesting a breakdown of how this sum is reached. He also requested to know who is the landowner. As expected, his appeal was rejected, but they also refused to provide a breakdown of charges and the name of the landowner. numerous emails have passed back and forth requesting higher appeal rights and more information--- all refused. They are now telling him that the amount has increased to £120. I have told him to ignore but he is getting twitchy about it. any suggestions please? Please note that we are in Scotland so no POPLA