Fraudulnt Document Submitted to Court - URGENT!

[ericthefruitbat]

My good friend is being sued in Aberdeen, Scotland in an Ordinary Cause action by a big (anon for now) bank for a credit card debt. The amount is >£10,000.

 

The case is proceeding toward an options hearing and the Pursuer has sent the Defender an Inventory of Productions which contain all of the credit card statements, purported agreement (an application form), a set of terms and conditions and a copy of the default notice.

 

My friend had originally stated (in her defence) that she neither admitted or denied that the default notice was ever received or in the correct form as defined by the CCA 1974. The proof was placed on the Pursuer to prove in this instance.

 

My friend has actually found the original default notice for the account and moreover it is substantially different from the "copy" that the bank has produced within its evidence to the Sheriff Court. Specifically:

 

1. The dates on the "copy" and original differ by 1 day.

2. The default remedy amount differs by £90 between the two.

3. The original DN states a Clause (reference to min payments etc) that does not relate to the purported Terms and Conditions that the Bank has produced within its inventory of productions (which it claims are part of the agreement). The "copy" has a different clause than the original in this respect.

 

I don't wish to address the "agreement" at this point, only the default notice and more importantly the implications of submitting to a Sheriff court what appears to be a fraudulent document or one that has been substantially modified in order to obtain a decree (judgement) against my friend (the Defender in this action).

 

Questions:

 

1. What are my friend’s options with respect to this?

 

2. Should they report this to the Police/FSA/OFT/MSP?

 

3. When should my friend report this to the Sheriff Court, they have an options hearing imminent where they could include it as part of a Rule 22.1 submission (this is to request the use of preliminary pleas such that they cannot be repelled by the Pursuer and will force a proof before answer (presenting of evidence) or legal debate (the same but they mix it with a bit of Latin up here).

 

All advice greatly appreciated.

Edited March 1, 2009 by ericthefruitbat
error

[tendogs]

Know nothing about Scotish law, will bump this.

[blueda]

I would start with a visit to Citizens advice, with the next step probably going to trading standards.

[rory32]

TBH Citizens Advice are unlikely to be a lot of use in this matter. What you need is qualified legal advice.

[IdaInFife]

as above, you would really need to get proper legal advice with it being an ordinary cause.

 

Just one thing though she would need to admit to the DN being received. I don't think the dodgy DN would change much of this claim but certainly needs to be addressed by OFT.

 

 

Ida x

[Monty2007]

What is the Scottish firm dealing with this?