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small claims court summons and im confused ... any help appreciated.


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Hi Glasgowgirl and Welcome to CAG

 

If you could read the following link and post your responses back here along with the Qs to enable the best advice on how to proceed with the claim.

 

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

 

Regards

 

Andy

We could do with some help from you.

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The pursuers are a finance company who purchased the debt on 24 june 2014.

The said contract between original owner is a cca agreement dated 22 jan 2008.

Current account overdraft accrued debt of £1468.49

Account used between 22 jan 2008 and 17 april 2012.

I failed to pay off my overdraft and they sold debt to cabot/shoosmiths.

small claims court form gives me 5 options.

but im confused as to whether to apply for a time order to pay ? or should i make written application to pay by instalments?

im back working 2 days a week and meeting my bills but little left over for old debt.

small claims court want an answer by 1st july.

which option should i reply with please.

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What are the 5 options...? I am not that au fait with Scottish Claims procedure.....do you not wish to defend the whole claim?

 

Im sure our resident Scottish Experts will be along later.

 

Andy

We could do with some help from you.

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1- admit liability for claim and settle now.

2- admit liability and make written application to pay by instalments or deferred lump sum.

3- admit liability and attend court to make application to pay by instalments or deferred lump sum.

4- dispute claim and attend court.

5- admit liability and make written application for a time order under the cca act 1974.

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Many thanks...

 

So ...

 

1 is self explanatory that deals and ends with the claim

2.you get a decree but can pay it at an affordable rate.

3 same as above but you attend court to present your reasons.

4 defend all the claim

5.Allows you to admit but agree a time order on payment and avoid a decree.

We could do with some help from you.

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The following link is the legislation to an English Time Order...I assume its similar for Scotland.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders

We could do with some help from you.

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No GG, overdrafts are not covered by the CCA

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Just had a quick look at a TTPD and it doesnt mention one cant be used for an overdraft

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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So before you go diving in to making offers, are there any charges which you could reclaim under financial hardship rules?

 

What were the circumstances surrounding the OD?

 

If you were on benefits say, you could have grounds for such a claim or counterclaim

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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i was made redundant then signed on but couldnt do the unpaid work experience as my father died and my mother needed care.

mother wasnt deemed sick enough so im unpaid carer.

i went back to work 2 days a week last august... to try to keep my house. im up to date will all my bills.

but this is an old overdraft passed around and sold to cabot.

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Most overdrafts debts mainly consist of unfair charges ....unpaid DDs and monthly usage fees/ interest applied.

In effect a self (Bank) created debt.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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http://www.govanlc.com/s129

 

I thinks its classed as unsecured credit...so they are covered.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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