?/? oridinary Cause Summons - credit card debt

[dx100uk]

so what?

why is that an issue?

 

someone has purchased your debt [a debt buying DCA]

[Stanthe]

I don't really want to post specific info on a public forum I'm afraid

[dx100uk]

well everyone else does

if you've a scottish court claim you need to get moving on it.

[Stanthe]

Urm.... Because it's false!

[dx100uk]

right ive merged your three threads

please stop faffin around

 

a false statement will NOT render this court claim void

neither will s18 on a credit card null the agreement.

 

you NEED to fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**(2-Viewing)-nbsp

[BazzaS]

I don't really want to post specific info on a public forum I'm afraid

 

 

Good luck then.

Vague info will get vague but correct responses, likely so vague as to be useless.

More precise responses risk being wrong, as they may be based on incorrect info.

 

If you can't post more specific info publically, feel free to approach a solicitor who:

a) you can give the specific info in confidence, but

b) you'll likely have to pay.

 

That doesn't mean posting names / account numbers (which you shouldn't), but more details, such as dates and events .... sums can be rounded so you can't easily be identified, for example.

 

If you want the advantage of confidentiality and secrecy, and can't / won't pay for the privilege, you may have to find a legal advice centre / pro bono unit such as http://www.freelegaladvice.ed.ac.uk/what-we-do/

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?71-Scotland

 

 

look at some of the court threads in the above link

you'll see there is no need to hide details

in fact it a bit late now a court claim has been issued.

[Stanthe]

That's great thanks, that's what I was looking for

Edited July 8, 2017 by Stanthe

[Stanthe]

Do I just hand the incidental application into the sheriff court and does the other party have to then produce these items before the hearing? Thanks for your help guys I'm not used to forums

[dx100uk]

why use an incidental application no need for that

can you fill that link out so we have the info to be able to help you please

its a court claim.

 

 

we need the info to give you the CORRECT advice

not for any other reason.

 

 

there are 100's of users here already that have given the info.

it would be silly for you to get this wrong

you can easily win esp against the likes of Cabot.

[Stanthe]

What would be the procedure if I did use the incidental route?

[dx100uk]

no need today that's old since the changes, you use cca request

but their might not be a need for that

 

we need that link filing out [the q&A section]

 

is this a simple procedure or a ordinary clause claim.

 

response date is?

[Stanthe]

I already done a cca request in 2014 but I never received a response so I just stopped paying

[dx100uk]

yawn...

to whom the DCA or the OC

who says its enforceable?

has the debt been sold on who too?

 

which is why we need the link done

else its like pulling teeth

and we waste our time and yours...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?478656-Arrow-Shoes-Oridinary-Clause-HBOS-Credit-Card-debt

http://www.consumeractiongroup.co.uk/forum/showthread.php?476714-Cabot-Nolans-Simple-Procedure-old-HBOS-OD-debt-resp-by-15-05-17(1-Viewing)-nbsp

[Stanthe]

I sent it to the secondary creditor, you've not wasted my time you've helped me a great deal already, I can't thank you enough, the 2nd dca says it's enforcable

Edited July 8, 2017 by Stanthe

[dx100uk]

no such thing as a secondary creditor..

[renegadeimp]

If cabot own it, its unenforceable. They dont chase legit debts. Please stop giving bits and bobs of info and give the answers to the questions already asked.

[mariner51]

Dunno, can't see you have disclosed verbatim text of Statement?

[BazzaS]

Dunno, can't see you have disclosed verbatim text of Statement?

 

The OP can't do that - it is a secret. No, make that a "BIG secret!", with added emphasis, an exclamation mark, and everything.....

 

I don't really want to post specific info on a public forum I'm afraid

 

I still don't see how the OP expects reliable advice for the specifics of their situation without supplying specific information on which the advice can be based.

[Stanthe]

thanks guys

i have to fill in form 07 in an ordinary case do you think it would be ok to insert this into it? or would i have to serve this as a motion? many thanks Tom

 

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 2017 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 data 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:

[dx100uk]

no.

you need to send a CCA request

 

we need to see this bit from the citation:

 

What is the claim for –

[type out ALL the text [minus pers details] from box D1

which FOLLOWS the words: [substantial connection with Scotland]

[Stanthe]

but theres no acount number on the citation anywhere can i send a cca without an account number?

[dx100uk]

:frusty::frusty::frusty:

 

which why we NEED TO SEE THE INFO WE REQUIRE ELSE WE CANT HELP YOU

[Stanthe]

oh and i ment to say the citation was just lying on my doorstep when i got home as they couldnt fit it through the letterbox

[dx100uk]

should have been signed for...

 

anyway if you are going to continue to play stupid secret squirrel and send that form 07 as you have it

you are going to lose badly.

its a load of twaddle.

 

an ordinary clause is not a walk in the park if unlike simple procedure, if you screw up

they'll nail you

 

this thread outlines what you need to do.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?478656-Arrow-Shoes-Oridinary-Clause-HBOS-Credit-Card-debt(1-Viewing)-nbsp