Scottish claimForm 1a arrow global - sold Santander Credit card 'debt'

[beetle1234]

My wife received Small Claims Summons recently and

 

whilst debt is ours I have no way of knowing if the debt amount claimed for is correct or not..

 

.I have left this a little last minute as return date is 4th December

 

however I wanted to run my intended actions by some of you guys for comment to ensure I am going about this the correct way.

 

Santander is where the original debt lies but looks like they sold debt to Arrow Global..

 

.do I write to Santander or Arrow Global to get copy of agreement and statements OR Arrow Global OR their representing solicitors in Edinburgh ?

 

Also want to know if there is any PPI on this as this too could affect the total debt sum.

 

Whist writing to (whoever above will give me said info)

my plan is to return the court small claims summons completed and on time stating I am disputing the amount claimed.

 

My other questions are

 

Do I submit a defence with the return paperwork to court stating I have requested the account info

 

and

 

 

finally when case does call am I allowed to attend as my wifes representative

as she is way too scared to do do herself !

 

As always any help/views/comments you can provide will be very much welcomed.

 

 

.thanks all.

[dx100uk]

can we confirm please

 

 

is this a Scottish claim that's been issued

 

 

or

 

 

a standard N1 from northants

 

 

dx

[beetle1234]

Thanks dx100...yes it is a Scottish Small Claims Form 1a.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

[beetle1234]

Thanks again DX100...

 

 

..just a quick question that may be silly but my head is scrambled right now with this..

 

 

..I have advised pursuers solicitors and sent SAR request to them

and also stated I am defending the action

 

 

and that I need copy of agreement,statement copies,

 

 

assignment letter copy as pursuer is not original one we took credit card with (its been sold on)

 

 

and also stated that I believe PPI may also have been sold to me without agreement...

 

 

.I have also copied them in on my form 1a return which simply states at this time I am going to defend and may counterclaim..

 

 

..my question is that

 

 

although 1a form needs to be returned by 1st December

 

 

am I right in thinking I do NOT need to provide a written defence yet ?

 

 

Hearing date is 18th December and

 

 

I am expecting them to request delay unless they can provide everything I have requested in SAR by then ..

 

 

..do I write defence then with benefit of info to back it up

 

 

or do I write it now stating I am awaiting info from them ?

[dx100uk]

no point in an SAr to a DCA

 

 

that goes to the Original Creditor.

 

 

the CCa request goes to the claimant [or whomever is bringing the claim against you in Scottish speak.

 

 

pers I would not be allowing them anymore time to find the agreement

that they SHOULD OF ALREADY HAD, before tryin to spoof you in court.

 

 

what they have done is intitiated a speculative court claim

hoping to win by default

and you would not contest it.

 

 

dx

[beetle1234]

Thanks for that.

 

..ok so I have made CCA request to DCA and copy to their solicitor.

 

The only question I have now is regarding the return of court summons which is to be in by friday.

 

On page 7 of summons box 3 I have stated that I intend to state a defence

and I intend to appear or be represented.

 

I have copied their solicitor on this as well

 

At this stage is that all I need to complete and return???

 

Am I right in thinking I do not/cannot submit any defence until I get the CCA request fulfilled ?

[beetle1234]

Just read through the guidance notes again..

 

 

.now I think I need to provide a written defence which I submit with return paperwork to court ....is this correct ?

 

 

I am going to have a search for something on the site

 

 

but am I right in stating that at this stage my defence is going to be that I have no knowledge of this amount owing

and pursuer has not provided copy of agreement

,notice of assignment

and statements showing how they arrived at sum sued for ?

[dx100uk]

I wouldn't be sending anything to anyone that you don't need too.

 

 

you can file a defence

 

 

that being the holding/no paperwork one.

 

 

dx

[beetle1234]

Sorry to be a dumbass but struggling with the terminology you use a little..what do you mean I can "file" a defence ? Do you mean just send the court page 7 of the form stating I intend to defend the action but don't send anything else to court or pursuers solicitor ?

[dx100uk]

would nice if we had the details on the claim form please

 

 

is it a

small claims for value up to £3000

Summary Cause for value £3000 - £5000

Ordinary Action for over £5000

[beetle1234]

Thanks again for your help with this I do appreciate it..

 

 

..its a small claims summons dx100..

 

 

.starting to panic a bit now as need to get this return in to court in 48 hours

and working next two days so need to post it today if I can.

 

 

..can you advise on my question below as I'm not sure exactly what to do here:

 

"sorry to be a dumbass but struggling with the terminology you use a little.

 

 

.what do you mean I can "file" a defence ?

 

 

Do you mean just send the court page 7 of the form stating I intend to defend the action

 

 

but don't send anything else to court or pursuers solicitor ?"

[dx100uk]

ok time to run thru this:

[dx100uk]

I assume you have had no paperwork like the agreement, notice of assignment, default notice , statement of account etcetc

which should be sent with the summons.

 

 

hence the [very late] CCA request.

 

 

by the return day you must:

 

 

so I would assume box 3 you would

 

 

dispute the amount

state a defence

intend to appear

 

 

................

 

 

so

you intend to dispute the claim,

you must appear in court (or be represented) on the hearing date to state your position.

To dispute the claim, you should complete box 3 at section B on page 7 of the copy summons.

You must return page 7 to the court on or before the return date shown on the first page of the copy summons.

If you do not, the court may grant the order sought by the pursuer, together with any interest and expenses claimed.

.......

then you have 14 days to put in your defence

 

 

at this stage it will be the no paperwork/holding.

 

 

dx

[beetle1234]

Thanks once again...thats a bit clearer.

 

 

I read through those notes last night and it makes more sense now.

 

 

No I received nothing with the summons hence the CCA request which has been sent to both Pursuer and their solicitor.

 

 

I intend dropping off summons page to Court tomorrow morning but have only said I wish to state a defence and appear...

 

 

I have not disputed the amount (can I amend the summons or should I get Clerk to assist here with another copy ?)

 

 

and I have started to prepare a defence which I would be really grateful that you may have a look over when time is right ?

[IdaInFife]

Hi Beetle

 

Sorry just caught your thread and see you would have already been at court.

 

Where we at now?

[dx100uk]

as far as I am aware:

In Scottish law, the documents have to be available before the claim is made.

[beetle1234]

Update on this is...no update !

 

 

Heard nothing from court or their solicitors and it is due to call on thursday.

 

 

..I plan on calling court monday to ask if anything lodged by them.

 

 

...I have not submitted any written defence at this stage,

 

 

only the court return paperwork stating I will defend.

 

 

\Should I contact their solicitors too and any other advice you guys might have will be very helpful ?

 

 

Thanks as always.

[beetle1234]

Hi Beetle

 

Sorry just caught your thread and see you would have already been at court.

 

Where we at now?

 

 

Hi IdainFife.....see my reply above...case due to call on thursday.Heard nothing back from pursuer or their solicitor to date.Any suggestions ? Thanks

[beetle1234]

Hi Beetle

 

Sorry just caught your thread and see you would have already been at court.

 

Where we at now?

 

Hi Ida....

 

 

at last court hearing

 

 

I presented my defence of no paperwork received etc.

 

 

They had instructed a local solicitor to act on their behalf..

 

 

.I felt as if Sheriff was on their side a little in that rather than take on board my defence

he kept asking if I did not remember having/spending using the card etc..

 

 

..eventually I got it through to him that it is up to the pursuer to prove what they say is correct

and not for me simply to accept what they say in this speculative action.

 

 

..case was continued to 12th February..

 

 

.thursday to allow pursuer to comply and produce relevant paperwork etc.

 

 

As of today I have received nothing.

..no paperwork,

no letter from Shoosmiths,

nothing !

 

 

Assuming this remains my plan is to turn up thursday

and request dismissal on the grounds that they have provided nothing to prove their action is warranted !

 

 

Any thoughts would be appreciated.

 

 

Thanks as always.

[dx100uk]

well done

 

 

i'm not sure how Scottish lot works

 

 

but in E&W you must have time to examine it

as it could be un-en etc. or a recon

that wont wash if the agreement is before apr 2007

 

 

I'm sure a summons should not be issued in scotland

where by the claimant does not already hold the paperwork?dx

[IdaInFife]

correct dx the agreement should gave been attached

 

good luck on thursday beetle

[beetle1234]

Thanks Ida...

..got home today to find a letter from Shoosmiths with copy of application form only.

 

 

They have included this in Inventory of Productions.

Very sneaky as it gives me little time to do much

 

 

however I am going to court tomorrow and I am going to make it clear that this does not satisfy the requirements of their case.

 

 

...their summons states clearly that

"Copy statement of account which will be produced in any defended precast follow hereon".

..nothing on the application form backs up their claim ..

 

 

..no statements have been produced that would allow me to check if PPI was included etc..

 

 

...I guess sheriff will either continue case again if he thinks I am chancing my arm or he will dismiss it if he agrees with me !

 

 

I will let you know.

[maroondevo52]

How did you get on beetle.

[sgianthebard]

Your case is proceeding pretty much exactly as mine is with Arrow/Santander.

 

Expect at the next hearing the sheriff will not grant your request for a dismissal, but will instead set a PROOF hearing in which the Claimant will need to send you and the court any documents they intend to use at the PROOF hearing as proof that you owe them. They must send you these documents before 14 days before the PROOF hearing. You must also submit any documents or other evidence you intend to produce at the PROOF hearing. You must lodge these with the court (and a copy to the Claimants reps) at least 14 days before the date of the PROOF hearing.