RBoS

[rory32]

surely there must be a procedure such as we go through to reclaim charges ie letter of warning, second letter and then court?

Yes it's default notice, then usually two letters notifying you of intended litigation before filling a claim at court. The sheriff will not be impressed that they haven't done this. Remember the onus is entirely on them to prove that you owe these monies.

 

What have they entered as the details of the claim being pursued?

[rory32]

You may also wish to contact National Debtline

FREEPHONE: 0808 808 4000

Monday to Friday 9am to 9pm

Saturday 9.30am to 1pm

24-hour voicemail.

[ecobabe]

they list three account (none of which I recognise) and state that the defender obtained loan facilities from pursuers and state account number , then say that at 19 jan. 1999 had drawn on said account to extent of £3697.91 three differnet accounts with three different amounts but totalling ~£11, 000, then adding compounded interest on from 1999. they also say that they have called on defender for payment of the sums but defender refuses to pay !! I've never been asked to pay anything.

[payingonlyencouragesthem]

You don't need to CCA it gives them too much time. You should ask for this stuff under the disclosure rules and give them no more than 21 days. The letter below has given CAG members a lot of help in this situation. You will have to alter it a bit to suit your own circumstances and make any adjustments for Scottish legal terms.

 

Dear Sir

 

In the XXXX Sheriff's (court?)

(CLAIMANT) -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

REQUEST FOR FURTHER INFORMATION

 

I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.

 

I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.

 

In light of this, can you please provide me with the following:

 

* A true copy of the alleged agreement you refer to.

* How you calculate the sum of £(AMOUNT)

* How you calculate the sum of £(TOTAL)

 

We would be grateful if you would respond within 21 days of the above date.

 

In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.

 

In any event, kindly acknowledge safe receipt of this letter.

 

Yours faithfully,

 

YOUR NAME