Advice on court summons

[happychappy1]

Hi all

 

 

i received a court summons from sheriff officers (Scotland) and wondering can i try make a deal for a payment plan with the pursuer now before the return date or do i have to send the court papers away?

 

I know i owe the monies i do not dispute that but in trying to sort this out before the hearing date.

 

Any help appreciated thanks

[dx100uk]

slow down before you do anything .

 

tell us about the debt etc etc

and fill this out please

 

 

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

[happychappy1]

Thank you for the quick response much appreciated

 

i do not have time

i do not dispute the debt

i just want to make some arrangement to pay my debt off and looking for advice on how i do that.

 

Can i make arrqngements with the pursuer before filling out the court forms or do i have to go through the court

[dx100uk]

no not the right way to deal with it

 

you do have the time

and you most probably don't owe anything.

 

its a speculative claim hoping for a non contest default judgement

please fill that 1st link out.

 

dx

[happychappy1]

How do i not owe them anything

they give me credit

i didnt pay it back thats why its at court.

 

 

Is there anyone that can give advice on dealing with it before the hearing date?

[dx100uk]

who has taken out the summons name them

what is the debt all about type who was the original creditor

 

we cant answer any question until you tell us even the basics of what this claim is about!!!

 

How do i not owe them anything

they give me credit

i didnt pay it back thats why its at court.

Is there anyone that can give advice on dealing with it before the hearing date?

 

no they didn't give you the credit

they the original creditor are not taking you to court

a DCA as the OC has sold the debt on

 

dont get spoofed by the morality card.

[Pinkjellybaby]

hi, when is the hearing date and when is your last date to respond by (previously known as "return date")

 

Your options here are to fill in the form called Time to Pay application if you want to offer a payment plan

eg £50 per month or whatever is affordable to you.

 

 

Send this back to the court before the return date or last date to respond by.

The court will then inform the company who have taken you to court and give them the option to accept or reject the offer you have made.

 

 

if it is accepted the court will be asked to grant an Instalment Decree, this is a still a Decree however it has the payment arrangement written into it so the creditor can only enforce the Decree if you have missed 2 payments with the third becoming due.

 

If they reject the offer they will have to advise the court and write to you stating why it has been rejected.

It will then be up to the Sheriff on the hearing date to decide if they agree with you, that it is a fair offer and accepts it anyway and grants an Instalment Decree, or if they agree with the creditor and rejects your application and grants open Decree.

 

If you want the court action to be dismissed and no decree granted at all then you should contact the creditor directly.

They may be open to sisting the action (placing it on hold) to allow you to make payments if the full balance will be paid within a reasonable amount of time (usually a few months)

 

 

or you can arrange to pay the full sum due which would result in the action being dismissed.

 

 

You may now be liable to pay court expenses however as the action has been raised and served upon you.

Edited January 16, 2017 by Pinkjellybaby

[dx100uk]

hope this is not a summons from a dca like cabot or capquest

as its not a good idea to simply blindly advise to rollover and pay them.

 

hence my post.

 

sometimes you have to consider the implications of advising to blindly pay

as this will open the doors to every debt they can find on ones credit file and fleece you further because you 'gave in'

 

and it doesn't cost anything to defend either

and might even save you money too!!

[Pinkjellybaby]

It's also not a good idea to automatically advise someone to defend especially when they have stated they don't have a defence or dispute that they owe the debt.

And yes it can end up costing you.

 

The expenses once it has been defended in a small claims was £150,

however the claimant can request the sheriff to up the expenses if they feel the defence had no merit or was particularly costly, resulting in expenses which could be far higher.

 

This particular person was specifically seeking help, under a deadline on how to respond to the summons to make a payment offer, not defend