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You have received a SCOTTISH Court Claim - What you need to do. **updated April 2017**


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as from nov 2016 the Scottish system changed...DX

 

As the process for those is different to the rest of the UK

 

There are 2 types of actions in Scotland:

 

SIMPLE PROCEDURE- up to £5000

simple and relatively easy to complete yourself.

 

Ordinary Cause Action for over £5000

http://www.scotcourts.gov.uk/taking-...ordinary-cause

 

Ordinary Actions can be more complicated and can also be completed yourself as long as you TAKE the time to research and be able to respond to effectively however you may wish to seek legal advice, especially for Ordinary Cause, on these if you are unsure.

 

All the details on what is required is available at http://www.scotcourts.gov.uk.

 

NOW READ POST 2 BELOW

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Answer the following questions using the details from the court claimform:

 

name the issuing court:

 

Who Is The Claimant:

 

Who Are the Solicitors:

 

What type of action? (Simple/Ordinary):

 

What is the claim for –

[type out ALL the text [minus pers details] [D1 BOX SPR FORM]

or if Oridinary Cause

look for the words which FOLLOWS [substantial connection with Scotland]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

date of raised claim [or court stamp date from writ or date from ] :-

 

Last Date Of Service [or from form 07]:-

 

Last Date For Response [or from form 07]:-

 

What Documents are listed in Box E2:[or in your form requesting the same?]

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :-

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – 
Reference Number: – is this the original creditors account number? (y/n)

how many digits does it have?
Unpaid balance: - 

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

…..

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007?

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:-

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

When was you last payment:-

 

Why did you cease payments:-

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

What you need to do now.

 

Copy and past the above on your own thread with your own answers attached.

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Once you receive Court Papers

 

As a defendant in a small claims case it is important that you act quickly and do not ignore the claim form when it arrives. Remember, the claim will proceed anyway even if you don’t respond. If the claim goes against you, it will be very difficult to make a counter claim as you didn't respond to the initial Summary Cause.

 

You may be unaware that you are the defendant in a small claims case that a Creditor has bought against you. When the Summary Cause arrives follow these initial steps:

 

1: Read the Form Carefully

 

The detail about the claim that is being bought against you will be in the ‘particulars of claim’ section. If this section isn't completed, or has the words ‘particulars of claim to follow’ take no action now and wait until you are sent details of the claim against you. You may want to consult a lawyer at this stage.

 

2: Respond in Time

 

It’s vitally important that you respond to the claim for you have been sent.

 

3: Talk to the Claimant

 

Just because a small claim has been bought against you and a claim form issued, this doesn't mean you are not allowed to contact the claimant directly. In fact the court encourages you to try and settle the claim without the need for a court appearance. So, try and resolve your dispute directly with the claimant if you can.

 

Not Responding to the Summary Cause

 

If you ignore the Summary Cause form when it arrives this can have an adverse impact on your financial status. The court will continue with the small claims lawsuit that is being bought against you even in your absence as this is a legal requirement. When the small claim is processed you will be sent a bill showing the amount you owe and any additional costs.

 

The small claims against you is a legal process that will be recorded on the Register of Judgements, Orders and Fines. This information is used to check your credit, so could have a negative impact when you next apply for any credit. To avoid damaging your credit rating reply to your small claims docket as soon as you can.

 

How to Respond to Your Small Claims Form

 

When you received your form from the court you will also have been sent a response pack. In this pack you will see the option that are open to you. These include:

 

• A dispute claim form. You can use this form if you do not agree that you are liable for the small claim being bought against you and wish to submit a Defence.

• Details about how to pay the amount being claimed from you.

• Details about how to admit to part of the small claim against you, and how you can ask the claimant for more time to pay.

 

 

Disputed claims are handled by filling in the appropriate form from your response pack. . Pay special attention to the allegations raised on the form. If you don’t respond to each the court will assume you are admitting guilt.

 

Further information:-

 

https://www.scotcourts.gov.uk/rules-and-practice/guidance-notes/summary-cause-guidance-notes

 

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

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  • 1 month later...

EDIT BY DX 2017.....IN SOME CASES THIS IS NOW NOT CURRENT:

ask on the forum first before using this advise

 

 

If you require more information in a small claims or summary action you need to apply for an Incidental Application:

 

INCIDENTAL APPLICATION

 

Sheriff Court:

 

Summary Cause Summons Number:

 

Date of Next Hearing:

 

(Their name) Pursuer against (your name) Defender

(address) (address)

 

The defender requests the court to postpone the hearing fixed for xxxx 2009 and that the case is temporarily sisted.

 

The defender also seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The documents requested to be recovered are listed below:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records the pursuers hold on the defender relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by the pursuers, or by any previous creditor

b. Where there has been any event in the defenders account history over this period which has required manual intervention by any person, the defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

c. True copies of any notice of assignment and/or default notice or enforcement notice that the pursuers or the original creditor sent the defender, with a copy of any proof of postage that the pursuers hold.

d.Documents relating to any payment protection insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of the defenders data as required by the Data Protection Act 1998

h. A list of third party agencies to whom the pursuers have disclosed the defenders personal datalink3.gif and a summary of the nature of the information the pursuers have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents the pursuers seek to rely on in court.

 

 

Signed:

Defender:

Dated:

 

 

For a Ordinary Cause you will need to serve a Motion, for a party litigant this has to be done through a Sheriff Officer (courts have a list and it costs about £50-£75) or through a solicitor.

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