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RBS Ordinary Cause Citation - old Business Loan With Personal Guarantee


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Hi MKB

 

I've not had any court papers yet, but I keep thinking it's only a matter of time.

 

I'm at the maximum what I can pay, and I'm working like a dog to make sure I pay on time every month.

 

At the end of the day I know I've spent money I borrowed and that I need to pay it back.

 

Regards

 

G

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Check with the CCCS whether the creditor accepted your proposal as well because if they did, then surely that would also go in your favour with the judge if it ever gets to court i.e. you entered the DMP & the creditor accepted it then the issuing of court proceedings would be seen as being unfair, unless you were in arrears with the payments to CCCS thus the OC.

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Hi MKB

 

Your post prompted me to look into my CCCS file, I have nothing there to say that this creditor has rejected my DMP.

 

I suppose that since I was in month 4 of my DMP before the solicitors got involved then by default the creditor has accepted any proposal put forward to them.

 

All payments are upto date, just.

 

Regards

 

G

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CCCS will pay them whether or not they have accepted your proposal but most creditors confirm that this has been accepted but you might not always be informed of this so I think you should speak to CCCS to

 

a) ask if your proposal had been accepted

b) if no response to your proposal, ask CCCS to confirm with OC

c) tell them about these calls

d) if £500 is too much of a stretch, whether you can re-negotiate your DMP

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It is the debtor that is taken to court, not the other way around! If you want to know how the Scottish Court mechanism works, go to the Scottish Courts website, and d/l their PDFs on the court process, and what to do in a Small Claims, Summary Cause and Ordinary Action - this will explain the mechanics of the process - however if it is someone YOU owe money to, can can only react to their initiatives.

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It is the debtor that is taken to court, not the other way around! If you want to know how the Scottish Court mechanism works, go to the Scottish Courts website, and d/l their PDFs on the court process, and what to do in a Small Claims, Summary Cause and Ordinary Action - this will explain the mechanics of the process - however if it is someone YOU owe money to, can can only react to their initiatives.

 

Buzby

 

Thanks for the pointer, like I said though I'm tired of reacting, maybe it's time to start calculating the charges "introduced" to my accounts with these creditors.

 

Regards

 

G

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I phoned CCCS today, and they will continue paying even if the creditor rejects the DMP, however I asked what would happen at the end of the DMP and CCCS said that the debt was "done and dusted".

 

There is a process running up to the end of the DMP which is managed by CCCS on my behalf, so I feel a bit easier. However, I still have a worry that the creditors will come back for interest due over the time-span of the DMP. That worry can wait for now, all I have to do is keep trying to make my payments.

 

Regards

 

G

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George I'm glad you're feeling a bit better about all this :)

 

Did you tell CCCS that you're finding it really tough to meet this amount?

Has the interest been frozen?

How long will the DMP take to clear?

 

Sorry for all the questions but you need to know the answers to them to get peace of mind :rolleyes:

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Hi MKB

 

I'm due for a review before the next payment, and I'm going to mention it then.

 

With reference to the interest CCCS have stated that the interest is frozen and the debt will be cleared at the end of the term put forward by CCCS.

The term of the DMP is 6 years, it's a long time I know but compared to a secured loan it makes sound economic sense.

 

When I went to CCCS the creditors were really starting to turn the heat up and I thought I had left it all too late, but CCCS came through for me.

 

After CCCS my attention was brought to CAG, and after reading some threads I bit the bullet and posted a couple of threads. I must admit thought that hitting the "Submit Thread" button for the first time filled me with dread. Soon the encouragement from other CAG members started being posted on my threads.

 

I am no longer paddleless and up the creek.

 

I would encourage anyone who has debt problems to contact CCCS who will take up the fight for you, and should any guest be reading this I recommend you become a member of CAG which will give you the confidence to fight back and tell creditors to get a dose of reality and stop being silly.

 

The love of my life brought both CCCS and CAG to my attention and gave me encouragement to contact both organisations, without her I would still be dreading every bit of post that arrived and waiting for the doorbell to ring.

 

Regards

 

G

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Well done!

 

Like you, I am so glad to have found CAG. The thing that amazes me is the depth of knowledge of the members & the willingness to share this knowledge with anyone who needs it - and all for a little click of the scales & hopefully, a donation to the site for the greater good.

 

Fully agree about the 1st time of pressing the submit button - it's terrifying :D and you think everyone is going to judge you for your mistakes which were made in innocence but then find out that this is totally not the case :D

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Am I correct in assuming that a creditor can cobble together a CCA using the amendment to The Consumer Credit Act to comply with the provisions of that Act, but because it is not a true copy of the original properly executed consumer credit agreement then the cobbled together CCA is compliant yet uneforceable?

 

Regards

 

G

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yes and no

 

they need the original agreement if they want to go to court

 

ida x

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yes and no

 

they need the original agreement if they want to go to court

 

ida x

 

Ida

 

Thanks for the reply, but just to clarify things in my tiny mind.

 

If the creditor cobbles together a CCA which is compliant with the provisions of The Consumer Credit Act (as amended), then does that mean the account is no longer in dispute?

 

Further if the CCA is considered not to be a true copy of the original properly executed credit agreement, then does that mean the CCA is now in dispute rather than the account?

 

The reason I'm asking all these questions is that I'm preparing myself for a "square-go" with a creditor over a credit card debt. I'm not wriggling out of paying the money as that is being paid as part of a DMP, but I am seething about the bully-boy tactics enjoyed, sorry employed, by this creditor. I just want them to know they've messed with wrong guy. who learned to fight dirty a long time ago.

 

Regards

 

G

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Dear George

 

As an introduction to the Scottish Civil Litigation Process I would recommend the following book:

 

Civil procedure and practice / by Charles Hennessy. 2nd ed. Edinburgh : Thomson/W. Green, 2005. ISBN: 0414016114.

 

It covers all the basics and then you can go to more specialist texts depending on what you need, I used the Mitchell Law Library in Glasgow. I have successfully defended small claims and ordinary cause actions and found Hennessy invaluable. The only bit that he does not cover is the construction of documentation, however this is relatively straightforward and the Scottish Sheriff Court website covers this within the various rules.

 

The following Scottish Court link is:

 

Ordinary Cause Rules

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Dear George1958,

 

1.You are correct Sheriff Officers do present COURT PAPERS.

2.I have successfully defeated the Edinburgh Solicitors ;)

3.I will try and help you.:D

4.Keep paying for now.

5.Private Message me for info

6.Do not talk to them on the phone

7.Keep all letters and make a file put them in date,it will be a large file

8.RELAX and lets have some fun :D:D lots of letters to write

9 its only money.

10.If you dont want to fight then get a DEED TRUST paid off in 3 years and no court action to defend.

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If anyone can give advice please do so on the open forum

 

ida x

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Thanks RHOOD

 

It's good to know that the Edinburgh Solicitors have been beaten, and that you're willing to help me through this. Any pointer will be gratefully followed up.

 

I don't when I last had some fun, but if I could have some fun with these comedians then that would be great.

 

All letters are filed in chronological order.

 

Regards

 

G

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George,

 

Sent you a PM, and the EDINBURGH SOLICITORS are not the quickest to respond, ask specific questions and on your letters put :

please respond by xx/xx/2009, this cranks up the pressure give them 7 to 10 days.

 

You can also e-mail them and keep the copies

 

 

I can confirm that the solicitors do telephone first then send Sheriff Cowboys, sorry Sheriff Officers, and also post out the WRIT PAPERS

which are not signed for.

 

They need to do this first and give you 14 days to

ignore,time order/admit or DEFEND

 

forms 03, 05 & 07

 

best to defend FORM 07 and ask for paperwork -which will never arrive anyway.

 

it costs £80 to defend in Scotland

 

THE GAME BEGINS

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  • 4 weeks later...

My earlier post from the morning did not take, so here goes again. Apologies if the earlier post appears and is slightly different from this one.

 

It seems RHood was correct, I arrived back home this weekend to find Writ Papers, not in an envelope or any other containment, but just posted through the door. I can just imagine these desperados standing at my door ringing the bell.

 

Anyway to get back to the point, attached to the writ was Form 07 to be used if I am to defend myself, which I will do with all my vigour and robustness.

 

My question is "Where do I ask for any paperwork to be made available ro me?" or do I just fill in Form 07 and start asking for paperwork at a later date.

 

The Writ itself states I have refused to pay or delayed payment, yet I have been making repayment of over £400 per month for at least the last 6 months via a Debt Management Plan administerd by the CCCS. To date no payments have been missed.

 

Also, The Pursuer is the RBS, yet the account was passed to NatWest on 05 August, I have documentary evidence of this, therefore who actually owns this alleged debt? I know they are all part of the same group, but surely all terminology and statements have got to be correct.

 

Any advices will be greatly appreciated.

 

Regards

 

G

 

 

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can you scan what you have recevied and delete any personal info

 

ida x

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thats fine

 

have they also sent like a statment of account showing how they got the balance?

 

 

also paperowrk to show you signing as guarantor?

ida x

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Ida

 

What you see is all what was popped through my letterbox there was no Statement of Account, and no other paperwork received.

 

In fact, the only other document I got from the RBS solicitor was a "Statement of Means" form and that was ages ago.

 

Regards

 

George

 

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