Marlin/Shoosmiths Summary Cause - old LloydsTsb loan

[Tesis]

Bit of a disaster.

Decree had already been given.

Why?

Because the 10th july was an industrial action day and couldn't hand in defence until 11th.

 

Despite being only a day late and expressing intent to defend, pursuant went straight for decree. Was so annoyed!

 

The clerk initially told me the pursuant would have to agree to the decree being removed and setting a new date.

 

Eventuality she called them to explain and they agreed and sent an email to confirm which I have a copy of.

 

A few words of the scene.

I imagined us all sitting round a table in an informal situation.

Not so.

 

It will be held in a courtroom in front of all other cases being heard.

Will need nerves of steel.

However, despite the fact I felt quite prepared, this gives me time to be super prepared.

 

Also, hubby doesn't need to be there, just need to send a letter to court stating fact I will be representing him, which is fine.

 

Exhausted!

 

Thanks for support Andy.

[AndyOrch]

Bit of breathing space then Tesis time to peruse the above:wink:

[Tesis]

That made me laugh but not in a nasty way, already have it ... great minds and all that! Printed off and filed in my ever increasing reference library. Please don't stop sending me anything you find though, or pointing me in the right direction, would've given up ages ago without support.

[Tesis]

Hi, had my breather. Since last posting I received a letter from Shoosmiths regarding the CPR request to say they were looking into it. Think I received it on 26th July. Need to know if and when I should respond to their limited response regarding CPR31.14 and total lack of response to the s77 request. Have received no documents to either request. In all honesty, I would prefer not to take this to court if I can avoid it. What do I do?

[Tesis]

Hi, still heard nothing from solicitors and don't imagine I will.

I am thinking of lodging an incidental application to sist the case.

 

I am at pains to make sure my work know nothing of this and it's very difficult to get time off without good reason hence the reason I'd rather avoid unnecessary court appearances, especially if it's going to be a waste of everyone's time.

 

I don't think any firm decisions can be made until all the documents are available and more than likely another date will be given for documents to be recovered.

 

If possible I'd like to avoid the time wasting by sisting the case meantime.

What do you think?

Apparently I can do this anytime before the sitting.

(Advice taken from the above)

[AndyOrch]

Yes that is an option...you understand that the sheriff is not compelled to accept the application to sist...so you need to word it correctly and purvey in the interest of costs and court time why you are making the application.....no response to your requests etc.

 

Regards

 

Andy

[Tesis]

Just to let you know I found another document "The Summary Cause 4. Going to Court" which may be helpful to others reading this thread. https://www.scotcourts.gov.uk/rules-and-practice/guidance-notes/summary-cause-guidance-notes. Good information about what to expect. I'm going to phone the Sheriff Clerk in the morning to get advice about the Incidental Application. According to these notes it's pretty straightforward but need to give two days notice prior to the hearing which is Thursday.

 

These documents are good too: Section 8 Defended Action and Section 9 Incidental Applications and Sists:

 

https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/summary-cause-rules.

 

Just in case anyone needs advice pertaining to Scotland.

 

I'll tell you this much, it's all very wearying, got nothing but admiration for you folks that continue to give the support you do.

[Tesis]

Going to court in morning. Will let you know what happens.

[AndyOrch]

Best of luck Tesis ...sure you will fine and come out smiling.

 

Let us know what transpires ...good or bad.

 

Regards

 

Andy

[Tesis]

Just back, quick update.

The pursuers requested the case be sisted to allow them time to recover the documents.

I said I was reluctant to let the case be sisted due to the stress of the situation and would like it to be decided one way or another.

 

The judge said I would have to be prepared to defend the case and I think I would have had to state my defence there and then which without the documents I couldn't do.

He was lovely, so were we.

He was understanding and explained everything.

 

I said I didn't want it to go on indefinitely and he agreed and said I was at liberty to request the case be heard at a later date through and incidental application. I was nervous and wish I had put forward my defence re: the total cost of credit not being declared which I have on my customer's copy of the agreement. I do intend to take the case forward through this incidental application at a later date. Meantime, the case has been sisted.

 

 

I would urge everyone to take their cases the full way.

Get prepared and go for it.

There is no doubt the court situation appears daunting but the judge we had today was very understanding.

 

I also noted that everyone who defended themselves and presented their heartfelt but simple cases were found in favour, including one wee girl who just stood there without a folder of paperwork and just said it how it was.

Was very enlightening.

 

 

Thanks for support.

[Tesis]

After over 4 and a half years I’ve received a response in the post from Shoosmiths. Do I need to do anything? I should’ve replied by today but I haven’t. 

[AndyOrch]

What do they say ?

[Tesis]

They have included a copy of original agreement, statements and default notice.

If I can pay in full their client is happy to have the sist in place with the court action removed and dismissed.

 

There is an option to fill out an Income and Expenditure form etc If I can’t pay in full, the payment arrangement will be subject to a decree being obtained against me. If I fail to make the payments their client may proceed to enforce the decree. ( a bit about consequences of a decree)

 

 

[dx100uk]

don't know why I never saw this thread...

can you scan up their docs to ONE multipage PDF

and drop and drag to the paperclip please

[Tesis]

I don’t have the facilities to scan.

 

 

This is a photo of the letter

[dx100uk]

can you read upload and convert that to PDF please and rotate it.

 

dx

 

[dx100uk]

I also mean the agreement and all the docs.

 

when did you last pay this please?

it is also worthy to note, if it were not for the claim the debt would now be extinguished.

 

title clarified and moved to the Scotland forum.

 

 

[Tesis]

Last paid in 2011

 

I’ve kept all the files/letters from 4 years ago and have everything before that. I have the original agreement. It would take a while to put up all that I have so realistically it would need to be Saturday before I had the time to do that. Is that ok?

 

Do I need to be worried? Genuinely thought this was over. If the decree had been issued at the time, wouldn’t it be nearly over?

[dx100uk]

no a decree is 20yrs.

it looks to me like a threat-o-gram as it doesnt say will anything.

however as you didn't get an incidental application in you've left the door open

yes they could carry on.

 

which is why we needs to see all the documents they have sent you that they intend to rely upon IF they continue the claim.

ofcourse you like wise via an IA can object 

but we need to see the cards they are playing with.

 

I will assume the sheriff gave no time limit on the sist which is what you should have insisted upon.

 

if you read upload

it tells you how to use a camera and redact photos as a jpg before converting and merging to one multipage pdf

 

[Tesis]

I didn’t get anything in writing from anywhere after the court case

 

. I did bring it up that this had caused great stress and I didn’t want it to go on forever but I can’t remember what was said.

Perhaps there are court notes I could ask for.

 

they have said in the letter they have included the default notice.

 

Believe me when I say I keep EVERYTHING and I don’t have it either.

 

I have the letters from the bank at the time but no default notice.

 

However, it is ‘the bank’ so they probably did send it and it’s something I’ve misplaced. Just strange it’s not in the docs they’ve sent.

 

I’ve copied the docs they’ve sent and redacted names and ref numbers but there are dates/amounts. I’m paranoid about being identified. 

[dx100uk]

No need to be...