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  1. All documents are here: http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... The DCA HAS to state the documents they intend to rely upon within their claim. [box E2] It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to r
  2. Hello, I have recently been unfortunate enough to experience the bad end of when Hermes loses a parcel. A quick summary: I was returning a phone which was faulty back to Amazon DE for a refund. I had to pay return postage. Amazon said they will refund me up to around EUR 8 for postage. I then got a quote from P2G and the only service which would allow me to not be out of pocket was Hermes International. I put in the parcel details and the value. I did not choose to pay for their additional insurance as it was £30, in fact if I coul
  3. All documents are here: Ordinary Cause Action for over £5000 http://www.scotcourts.gov.uk/taking-action/ordinary-cause the important ones are attached to this post Period of notice after citation ......time you MUST reply by: 3.6. (1) Subject to rule 5.6(1) (service where address of person is not known) and to paragraph (2) of this rule, a cause shall proceed after one of the following periods of notice has been given to the defender- (a) where the defender is resident or has a place of business within Europe, 21 days after the date o
  4. Hi, Ive read a few of the posts on the forum before registering and after seeing the sound advice given out I was hoping I could just pinch some knowledge off whoever maybe helpful enough to assist my situation. So I’m submitting my small claims court document online tomorrow, it’s all filled out ready to go but I wanted some advice on what I can claim for and to what amounts. I’ll try to keep this brief. I purchased a car in October for £2000. The car had high mileage at 130k but seemed a good vehicle for me to get to work and back. It had a full service history, lots of receip
  5. Hi all, Bit of back story to my questions: I'm a director of a webhosting company, and one of our payment processors we use is called Payza, which is similar to Paypal and very useful for people who live in countries not serviced by Paypal. Around about the 21st of March, the U.S. Department of Justice (DoJ) has filed a lawsuit against digital payment processor Payza for allegedly operating an unlicensed money service business that processed more than $250 million in transactions. Now looking at Payza's structure, they operate under several shady layers it seems. The compa
  6. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the buildi
  7. Hi everyone, I joined the site yesterday and I've been having a good look at PPI threads along with the interest calculator spreadsheets. I am in the process of claiming PPI from 4 NatWest loans that my deceased parents took out in the 80s. NatWest have made offers on all 4 claims but I'm not sure they've worked the interest out correctly - I have queried this with them but they've just sent me a letter repeating the same information as their offers. I've used the PPI spreadsheet on here but NatWest are saying that interest is paid at 15% up to 31st March 1993 then 8% from
  8. In December my carry on bag was lost/stolen whilst queuing to board a flight overseas. It contained just about everything important, laptop, camera, clothes, sunglasses,makeup the lot. As terrible and distressful this was I knew i had travel insurance to cover me for up to £2k of personal possessions. So i thought! I submitted my claim at the beginning of January. When you submit the claim they take 10 days to respond and tell you if they need further info,this has happened twice, meaning that today 20/2/19 still battling with this. "Please note that your insurance policy has a
  9. Hi,I'm new here. Without mentioning names, I bought car for 5.5k. described as"drives like new", immaculate condition" etc. Within 28days, red EML light come on, had it locally diagnosed as issue with electronic throttle and exhaust pipe seized shut. I immediately notified the trader, who largely ignored me. I consulted mechanics and was told the serious fault and I better be off rejecting it, under CRA 2015. I had written the dealer (independent garage) quoting my reasons to reject the car, gave them two weeks to issue refund, mea
  10. Hi My wife has received a Pre-Action Protocol for Debt Claims from Drydensfairfax, for an old debt from 1998 at an old address. Arrow recently started sending letters to our new address and continued despite being returned as not known at address. They now appear to be instigating court proceedings. Unfortunately I expect this is not outside the statute of limitations as I have been paying £1 per month by standing order since she defaulted in around 2000/2001 (from my account not hers). Whilst she is working, she is not in a position to pay it off as she is currently just mana
  11. Hi I'm new to all this so I apologise in advance if i've made any mistakes. I had a contract with BT back in 2015 which I wanted to finish early due to the constant slow speeds I was getting after 2 months of being with them. At one point I cancelled my direct debits in protest until they sent an engineer out to have a look at why my internet was so slow. When an engineer was promised to be sent out I called to re-instate my direct debits and was asked which date I wanted them to come out. I asked for the start of the month which was agreed but a few weeks later I had a direct
  12. Hello I hope I can get advice. I took out a secured loan in January 2002 for 8000. I obtained the loan through dial4aloan. The loan was arranged and the lender was endeavour. It appears I also was sold ppi of 1200 added to the loan. Well I am trying to reclaim the ppi. However all organisations are blaming each other for selling it. Dial 4 a loan state they only recommended ppi. Yet the ppi policy is on endeavour paper. Aviva say they have no responsibility either. So what happens when no one will accept responsibility? Thank
  13. I’m looking someone who can help relating to Reeds Rains, a property management company based in Halifax, yorkshire that I used up until October last year and who now appear to have sent me a claims letter demanding £633.90 I realise this is a relatively small sum but i'd like to see if i have any options and not panic and just pay. I left because when i signed with them the contract stated 4 inspections a year, i asked them not to do 4 inspections per year, 1 a year was enough as they're my existing tenants, i've had them a while they'd been great and i trusted them to look after
  14. Looking for help with claim against Royal Mail in small claims. They admitted to losing my 'signed for' package, but then failed to reply further or compensate me. Four months afterwards, I issued Small Claims writ and they sent me standard letter and standard cheque for compensation two weeks later. They have put through their defence which from reading other threads is the same they always use, ie: 1. No contract was entered into between parties for the delivery of the parcel (they mention Harold Stephen & Co V's RM 1978 as reference). 2. The defendant has immunit
  15. On his site people are frequently advised to follow CRA and take errant traders to the small claims court. Success rates appear to be most encouraging. Yesterday, I took a rouge motor trader to a SCC at the local sheriff court, and because of a major error by the sheriff, my claim was reduced by over 66%. What can i do ? Scottish Law
  16. Hi I am just looking for some advice. We purchased a car In October 2018 2009 tiguan with 114K miles on, we purchased from a dealer (sold from a garage) but i think hes a sole trader. Before we purchased, the dealer said the engine management light came on and went into limp mode, they plugged in and was the glo plugs and the light was now off and all fixed. Satisfied we purchased the car via bacs. On they way home the car went into limp mode - i called the dealer and he suggested carry on driving until it did it again. November 18 we had an issue with the clutch,
  17. From what Ive read on here, im going around in circles.. can someone comment? Way I see it :- 1) you send an inivoice, 14 days to pay, " i reserve to take legal action without further notice to you" written on it 2) Send a notice before action FORM (it used to just be a letter but now is this form? https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf 3) proceed with coourt claim after 90 days? Citzen advice here, says something else https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/Problems-with-good
  18. Hi All, I am taking a company to court for damage to a vehicle I own. The defendant has defended and made a counterclaim. I am at the stage were we have recently exchanged witness statements and a court hearing has been set. Looking through the witness statements they are made up of lies throughout by two witnesses. I received these statements on the final day they had to be submitted and I am unsure if I can make the courts aware of their lies. By lies I will explain, I am being counter sued for a certain amount, an invoice has been sent to show the cost of damage that they s
  19. A shampoo ruined my wife's hair through no fault of her own. We've been through the letter route. They only responded once and that was to an email we had also sent, but they acknowledged receipt of the first letter in that email. Exasperated with their denial of liability, we're pursuing them through the small claims court. When I submitted the claim online, the company address I gave was taken from their website contact us page. I'm now having doubts if this was the correct address to use as 1) their registered company address is different 2) The Royal Mai
  20. Hi I resppnded to a claims guys advert about finding out about PPI. I know now that I could have done this myself etc, and in hindsight I would have researched more. Any to cut a long story short, the following has happened: I filled in a questionaire about the providers i have used etc I have had a response from Halifax, but I did not send a signed letter of authority. Halfix have now paid me circa 6k and the claims guys want 30% of this. I had no idea they were going to charge this much and was never told in advance how much their charges were. I did however send a
  21. Good Morning Caggers I have been contacted by Mortgage.Claims for them to review my mortgage and see if I have any claims on my mortgage. They have contacted the lender and it appears they have no history of my mortgage. I am simply paying them but they have no history of my mortgage or anything. 2 things; is there anything I need to be aware of with the above company? Do I need to be aware against claiming against a bank that has no history of my mortgage? Many thanks as always
  22. Hi all As I prepare to challenge failed FOS claims I thought I would ask if anyone has done this successfully and can share their experiences and statement of truth. FOS determined that they could not handle an Amex complaint because PPI started before the regulations started, because I ticked the PPI box with Cap1 then I needed PPI, and finally currently that a PPI form Egg (Canada Square) sent them contining neither yes or no I want PPI meant that I wanted it... Finally I would like to claim for the time I have spent putting together my claim... would this be acceptable to the
  23. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client
  24. Hiya I took out a couple of log book loans via Cash Converters between 2010 and 2013. The first was paid in full, the second I have no idea what the status is. I was in financial difficulty at the times of taking out the loan, due to several reason, one being a gambling addiction and an endless cycle of payday loans. When I took out the second loan against my car, the man who agreed it even commented on how much money i was gambling and said that he really shouldn't approve the loan but that he would for me. The car was repossessed by them and my sister lent me the money to
  25. One of my neighbours who's a very unwary link clicker but has been under my wing for several years now recently clicked one link on yahoo and another link via MSN homepage and answered some very basic questions asked. one I've traced to: http://thedailyreporter.co.uk/PFCADV-ADT21.php?tracker=adtopia&pixel=USC17AU&atp_source=Outbrain1A_TCG&atp_vendor=outbrain&atp_sub1=2_1&atp_sub2=v1-2050a297c9fab51aa7ce8a215ee0d817-009d7a702971cbe9636a5c80a957135980-&atp_sub3=009d7a702971cbe9636a5c80a957135980&atp_sub4=MSN%20UK%20(MSN%20Intl)&url_id=16795 these re
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