Jump to content


dx100uk

What To Do - Simple Prodedure Rule Claims Scotland

style="text-align:center;"> Please note that this topic has not had any new posts for the last 634 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

All documents are here:

http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules

 

Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them.

 

Some interesting musings...

 

The DCA HAS to state the documents they intend to rely upon within their claim. [box E2]

 

It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court

 

There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen.

 

it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters.

they must explain and help the respondent in legal matters

 

use the response form 4a PDF attached to post 2 or 3


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

here is an example of the use of the Respondance form

with regard to an SPR overdraft claim....

 

the interactive form in PDF format is attached..

 

enter the details you need to in section A

answering A5 by post

B1 tick

C3 tick

 

in D1 enter the following : [by copy and paste from here]

 

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

 

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

 

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

 

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advntage of the party.

 

1.6(10)

 

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

 

..i expect the claimants' representative to employ the above.

..........

 

The Claimant is a well known Debt Buyer or Debt Collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

 

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

 

It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. They then issue claims to circumvent and claim the full amount of debt to maximise profit.

 

According to s.189 of the consumer creditlink3.gif Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

It is admitted with regards to the respondent once having financial dealings with [original Creditor] in the past.

I do not recall any precise details or agreements and have sought verification from the claimant who has not complied with my request for further information. It is denied that I am indebted for any alleged balance claimed.

 

The Respondent puts the Claimant to strict proof to provide copies of all documentation they must produce under Scottish law that confirms they are able, legally, to enforce and bring this claim to court .

 

The claimant is also put to strict proof to:-

.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment.

© Provide a breakdown of the excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

in D2 enter:

. The claimant has averred on their Claim Form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

 

A CCA request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years.

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

 

my best to date musings

 

thank to andyorch for various bits fron E&W OD claims

 

in most courts you can email the completed form to your court...

[look up their email address here - https://www.scotcourts.gov.uk/the-courts/sheriff-court/find-a-court

 

 

ensure you place the claim number in the subject line of the email including your name [respondent]

 

 

 

 

Blank SPR Respondance Form.pdf


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

credit under CCA

 

here is an example of the use of the Response form

with regard to an SPR CCA claim....[loan/card/catalogue etc]

 

the interactive form in PDF format is attached..in post 1

 

enter the details you need to in section A

answering A5 by post

B1 tick

C3 tick

 

in D1 enter the following : [by copy and paste from here]

 

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

 

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

 

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

 

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advantage of the party.

 

1.6(10)

 

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

 

..i expect the claimants' representative to employ the above.

..........

 

The Claimant is a well known Debt Buyer or debt collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

 

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the consumer credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

 

It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. They then issue claims to circumvent and claim the full amount of debt to maximise profit.

 

According to s.189 of the consumer credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

It is admitted with regards to the respondent once having financial dealings with [original Creditor] in the past.

I do not recall any precise details or agreements and have sought verification from the claimant who has not complied with my request for further information. It is denied that I am indebted for any alleged balance claimed.

 

The Respondent puts the Claimant to strict proof provide under the Consumer Credit Act the required documents to legally be able to enforce and bring this claim to court namely:

 

The Signed Consumer Credit Agreement

The Notice Of Assignment

The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8

 

A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

 

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

I will contend at trial that such charges are unfair in their entirety.

 

in D2 enter:

. The claimant has averred on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

 

A CCA Request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years.

Blank SPR Respondance Form.pdf


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
style="text-align:center;"> Please note that this topic has not had any new posts for the last 634 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
Guest
This topic is now closed to further replies.

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...