Papers served by solicitors acting for 1st Credit (Finance)

[IdaInFife]

why did you send a sar to the sols?

 

sorry i have lost the thread of this

[FlyboyAgain]

Why shouldn't I? What's wrong with asking them to provide what they hold, under that act? They serve me with a stat demand and then upon receipt of my denial send me the reams of bumf they should have sent me prior to doing so, and without ever contacting me about any account.

 

I think I have every right to know what they hold.

[FlyboyAgain]

FYI, Ida, the sols are well-know in the Scottish debt industry.

[Bang!]

The solicitors are correct in saying their correspondence is privileged (between them and their clients).

 

However, what they have sent to court, or attempted to send to you at other addresses is unlikely to fall into the same category. This is only really of any use to find if they chased you first at other addresses.

 

Its worth remembering everything reaching the solicitor has come via the pursuers, and you can SAR them to your hearts content (although instructions to solicitors are again privileged).

 

I find it a little unusual its gone straight to a Bankruptcy, why was it not raised firstly as Small Claims/Summary/Ordinary cause?

 

Do you mind if I ask how much they are pursuing?

[FlyboyAgain]

There are no other addresses. The sols never sent anything to me in the past regarding this account; they simply served the stat! And an incorrectly set-out one at that, for it made no provision for set-aside, at least as far as I could make out.

 

The alleged debt is within the limit to attempt to pursue for bankruptcy. What I also can't get my head around is that they have not proved I am insolvent. Sending a stat demand and, a few weeks later, a ream of documents (inc default and T&Cs that don't even link me to the account!) is surely the wrong way to go about this. I find it an aggressive approach, an attempt to frighten the recipient into admitting the debt and to offer a settlement figure.