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credit card debt - court summons from 1st credit? - help - SCOTLAND


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how do you know they are taking you to court

got an N1 claim form?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the first step for court is a claim form.........

 

what number form have you got then?

 

is it stamped by the court?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

A Claim form is a Notice from the court.

 

It should have the claim number - top right hand corner

 

Your name and address. The claimants Name and address - details of the acting solicitor.

 

It should detail why the claim has been issued against you.

 

In order to assist we would need a lot more information than you have given.

 

We also need to know the date of issue - which you will find at the top right hand corner of the Claim form, in order for you to know what time line you have to adhere to.

 

You say you want help.. what do you want to do? Do you want to admit the claim, do you want to defend it.

 

What reason would you have to defend -

 

When did 1st credit first contact you regarding the take over of the account, did they contact you previously.

 

What was the status of the account when it left the hands of LTSB

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oh he did say scotland

the summons....

is it number 2 in this link?

 

http://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

as you can see its quite easy for anyone

to get one an send one off as a spoof..

 

 

not that i'd even begin to suggest 1st crpit would do this of course

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

have you any outstanding debs with 1st credits nme against them

on your CRA file?

 

see below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

hello citizen b ty for your input it says its a time to pay direction that should be sent back to sherriff court within 21 days of 25th april 2012

 

yep that tallies with what i am reading......

 

so you didn't know the debt has already been to court?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hello there, you need to return the time to pay direction form back within the time scales, this will allow you to try and get an arrangement where you pay the debt in instalments. Whilst you stick to the instalments it should prevent the creditor from being able to take further action via the courts, this is called dilligence.

 

As an aside, do you have other debts, if so how much do you owe in total?

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so you didn't know the debt has already been to court?

 

 

They will first know about the action when the Summons is sent to them.

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They will first know about the action when the Summons is sent to them.

 

ta

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If you believe it to be Time Barred you should consider raising a defence to the claim. Depending on the level of the claim there are different processes in the Scottish system, you can find out about the basics here:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=05_what_happens_when_a_creditor_takes_court_action_against_you

 

If there has been a 5 year gap without payments before the claim was brought then you could well have a debt which is legally 'extinguished', so a defence would be possible - as there is not longer legally a debt for them to bring action against.

 

Raising a defence in Scotland isn't straight forward but there are organisations that might be able to help. Scotland has a good network of 'money advisers' who can help you at no cost.

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i sent a letter to first saying the debt was time barred they sent me back a letter telling me it wasnt can i ask them to show me the original credit card agreement and i think i may be 2 late to reply to court summons

 

what evidence did you have it was time barred [5yrs in scotland]

 

does this debt show on your cra file? another good pointer.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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