1st Credit small claims summons

[toto99]

Hi guys, my first post!, I've recieved a small claims summons (Scotland) today out of the blue, They say they bought the debt (£825) in 2004 from Cetelem, I have no idea what the debt is and this is the first communication from 1st, have checked back my records (6 years) and can find no reference to Cetelem in bank statements and have no cca's either, what can I do to stop the small claims under these circumstance? Thye return date is March 2009 so there is a little time to act.HELP

[Rooster-UK]

Duplicated posts removed.

[MARTIN3030]

Will move your thread into debt forums.

[42man]

OK well the debt is barred by statute which is 5 years in Scotland....i'm not up on Scottish debt, but I will move this to the Scotland forums where hopefully you will get some more help advice...

[rory32]

What are the Details of Claim?

[toto99]

Hi, summons basically says they bought debt from Cetelem (£825.85) 20/07/2004 by notice of assignment, interest to run at 8% annually from date of summons, return date 18/03/2009, calling date 25/03/2009, Yuill & Kyle (Glasgow) are the solicitors, as before, I have no record of this debt in my financial records, the summons doesn't state what the debt relates to or any previous payments etc, I'm at a total loss as to what it's for, can these guys just submit these claims willy-nilly like this? nice timing too, just before Xmas! reading some of the other posts relating to this lot they seem to be horrors, cheers

[rory32]

Send Yuill & Kyle the following via recorded delivery.

 

In the XXXX Sheriff Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below.

 

I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties.

 

Yours sincerely,

 

XXXX (type, don't sign).

[toto99]

Letter sent, reply received, say they will contact 1st with request for info, correspondence between them and 1st confidential and not forthcoming to me, wait 14 days and see what happens i guess, keep you posted, cheers.

[toto99]

Well, 12 +2 days up and no cca documents from solicitors, not sure what to do now, i have been reading the forums but so many different letters etc. if anyone can offer advice I'd be so greatful, cheers

[rory32]

You don't need to send them anything more. You can make an incidental application if you so wish to get them to supply the documents at the initial hearing.

 

Your defence will be based on any claim being time barred anyway. It is for them to prove otherwise.

[toto99]

Thanks Rory, I'll keep you posted, thanks for all the help so far, will donate to site soon as well, what a great resource!!

[toto99]

Hi Guys, not posted for some time, been reading forums and gaining knowledge, been to court three times since March, wurst credit kept turning up without paperwork and I maintained time barred defence, they did eventually produce a CCA but still don't remember/know what it was for, it was also unenforcable. Also no default notice, assignment or proof of payment history, They withdrew their action on the 3rd court visit after sending me threatening letters between every court date! Don't know how to thank you guys for help and support (well I do actually, DONATE!!) OFT report going of tonight re their continued action without paperwork to support it, and they obviously knew it was time barred anyway, numptys. Cheers Rory32 and all the team.

[IdaInFife]

well done

 

ida x

[marcellep]

Well done to you