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Seeking some clarification from a legally knowledgeable or experienced person. In the case of breach of contract under the CRA one is entitled to bring an action via the small claims track. If the purchase qualifies; you are also entitled to claim against the Issuing Bank of the Credit Card under Section 75. So, assuming that one has launched down both routes, is it then 'first past the post' as it were? Say, for example, the Bank complies and pays out. I assume they would then claim or have title to the faulty goods. (Is that the case?). What would then be the situation with an in progress action against the trader? Or, what happens to the other action, if for example, the trader suddenly has an epiphany regarding his unreasonableness and coughs up under the CRA? Thanks to any and all who can add to my (and others') understanding on this point.
Hello I arrived at my mums on Friday to find her very shaken as she had had Sheriff Officers at the door with a Small Claim Summons from Arrow Global which I believe is for a debt 02 going back a few years. She said the were very rude and she explained I didnt live there yet they presented her with the summons anyway. The amount is for £522.78 and it states I reside at the property even though I have not lived there in a year or more and my name is on the electoral roll at my own seperate property. The 02 debt was the end of a contract which I explained to them I couldnt afford and they agreed to reduce it to the minimum monthly amount which they then failed to do and charged the full amount. I couldnt pay this and now they have obviously sold the debt on, added a bit and suddenly taken me to court. I have had no letters about this debt to my mums house so this is the first I've heard of it at this address. The statement of claim staes that I have lived at this address for more than three months and that I am domiciled there. So where do I go from here? I am on a low income as I have kids and a part time job. The thought of going to court terrifies me. Thank you in advance for any advice