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Ordinary Cause Action Claims Scotland - How To Respond Guide


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  1. WARNING:  you must return form 07 - the notice of intention to defend - by the DATE OF EXPIRY stated on it, you then get a further 14 days to intimate (file) your  defence IN THE CORRECT FORMAT 

if the claim has been made by the ORIGINAL CREDITOR then a time order might be your best bet unless there is a serious reason why you might not owe them. also look into using :

WWW.TRUSTDEEDSCOTLAND.NET

Learn about Breathing Space, the Debt Respite Scheme, Statutory Moratoriums & Tailored Support in Scotland. Trust Deed Scotland.

but still please fill out the questionnaire below 

if the claim has been made by a DEBT BUYER/DCA then follow below ...do not offer a time order..fight them!!

if you have not already done so please follow below then comeback here

 

We could do with some help from you.

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  • 3 years later...

All documents are here:

Ordinary Cause Action for over £5000

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

the important ones are attached to this post

Period of notice after citation ......time you MUST reply by:

3.6.     (1)       Subject to rule 5.6(1) (service where address of person is not known) and to paragraph (2) of this rule, a cause shall proceed after one of the following periods of notice has been given to the defender-

(a)       where the defender is resident or has a place of business within Europe, 21 days after the date of execution of service; or

(b)       where the defender is resident or has a place of business outside Europe, 42 days after the date of execution of service.

(2)       Subject to paragraph (3), the sheriff may, on cause shown, shorten or extend the period of notice on such conditions as to the method or manner of service as he thinks fit.

(3)       A period of notice may not be reduced to a period of less than 2 days.

(4)       Where a period of notice expires on a Saturday, Sunday, or public or court holiday, the period of notice shall be deemed to expire on the next day on which the sheriff clerk's office is open for civil court business.

worthy notes:

Actions relating to regulated agreements

3.2A.    In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974 the initial writ shall include an averment that such an agreement exists and details of that agreement. - thus...get a CCA request running to the pursuers NOW click it!

 filling in form 07

The notice of intention to defend, together with the court fee of £ (129 as at aug 2019) must be lodged with the Sheriff Clerk at the court address 

 return the form in person if you can to the relevant sheriff's clerk office or email [pay by card over the phone]

you must copy the form to the claimant too.

you then have 14 days to intimate [file] your defence but there's no reason to not to file your defence at the same time 

Defences

9.6.      (1)       Where a notice of intention to defend has been lodged, the defender shall (subject to paragraph (3)) lodge defences within 14 days after the expiry of the period of notice.

(2)       Subject to rule 19.1(3) (form of defences where counterclaim included - (note YOU do NOT counterclaim), defences shall be in the form of answers in numbered paragraphs corresponding to the articles of the condescendence and shall have appended a note of the pleas-in-law of the defender.

Implied admissions

9.7.     Every statement of fact made by a party shall be answered by every other party, and if such a statement by one party within the knowledge of another party is not denied by that other party, that other party shall be deemed to have admitted that statement of fact.

your defence MUST be completed in the prescribed format [IMPORTANT]

how to do this is described in chapter 2 of the guidance notes attached

chapter-9---standard-procedure-in-defended-causes-(2) (1).pdf

chapter-03-(actions-lodged-on-or-after-22-september-2015) (1).pdf

Guidance on Ordinary Actions cause .pdf

Preparing your defences

The summons served on you will include statements of the pursuer’s claim against you.

You must prepare a document [defence] showing your answers to each statement.

These answers must be numbered and be in the accepted format. (if they have used numbers!!)

The first page of your document must include the instance (G).

This is the name and address of the pursuer(s) against the name and address of the defender(s).

Style and format of answer Agree with the statement in the summons

Admitted that (then complete the sentence with the statement that you are admitting to)”

You can also add to this statement an explanation of why you are admitting to the statement.

Believe the statement to be true but the facts are outwith your knowledge

“Believed to be true (then complete this sentence with the statement set out in the summons).

Do not know whether the statement in the summons is true and you do not admit it

“Not known and not admitted that

(then complete this sentence with the statement set out in the summons.)

Deny the statement in the summons “Denied”

Then After each of these answers you should give your explanation or version of facts.

Finally You must sign your defences (G)

and provide a backing sheet which again shows the name of the pursuer(s) against the name

the defender(s), and also states for example First Defender  

2 Lodging your defences

You can lodge your defences in person in the General Department of the Court of Session

or by post.

3 Fees

A fee is payable when you lodge defences. look it up!!

The fee is regularly reviewed and it is best to check with the Court what the current fee is.

Details of court fees are also available on our website.

Your cheque or postal order should be payable to The Scottish Court Service.

If attending in person payment can also be made by debit card or cash.

4 Intimating your defences to all other parties

Before you lodge your defences with the Ordinary Section of the General Department of the OCoS you must write to the solicitors representing all other parties.

You should tell them that you are lodging defences with the court and enclose a copy of the defences.

Contact the Ordinary Section in the General Department of the OCoS if you do not know who the solicitors are.

When lodging your defences with the Ordinary Section of the General Department of the OCoS you should mark ‘INTIMATED’ on the backing of the defences as proof that you have intimated your defence to all other parties in the action.

The General Department of the OCoS will check your defences are in the correct format, received on time and are signed.

They will then lodge them into process and give your defences a process number.

This number will help to identify them during the course of the action.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ordinary Cause.

for debts covered by the Consumer Credit Act - With no CCA provided to date.

 

most CONDESCENDENCE (particulars of Claim) and Pleas in Law filed by any pursuer follow the below example:

 

the writ will state - To grant decree against the defender for payment to the pursuer of the sum of >£5k

 

Their CONDESCENDENCE follow the standard statements to comply with the Scottish claim format:

1.The parties are designed in the instance. (the names and addresses of the parties are as stated above)

2.The pursuer has no reason to believe that any agreement exists propagating jurisdiction over the subject matter of this cause to any other court.

3. the pursuer has no reason to believe that any proceeding may be pending before any other court involving the same cause of action between the parties as those named herein. 

4. The raising of the action and is domiciled there. 

5. The nature and circumstances of the said residence indicate the defender has a substantial connection with Scotland.

This court accordingly has jurisdiction ( 1-5 = you are deemed resident in scotland for 3 mts before this court claim was issued AND the original agreement was issued WHILST you were resident in Scotland)

6. on or about (date) the (original Creditor) entered into a credit agreement (hereinafter referred to as the agreement ) with the defender. A copy of the agreement will be produced, the agreement is regulated by the consumer credit act 1974 ( the 1974 act )  - note this part is IMPORTANT they aver they already HOLD a copy of the SIGNED agreement upon issuing the claim (they DON'T!!)

 7. The Defender failed to maintain payment of the instalments due in terms of the Agreement. (so what!)

8. The (original Creditor) served a default notice in the defender. (make them prove it by producing a copy)

9. The Defender failed to make payment in satisfaction of the Default Notice from (the Original Creditor) whom terminated the agreement. (make them prove it both statement by producing a copy of the DN AND the termination notice)

10. Following the termination of the agreement the balance due thereunder is >£5k which is the sum sued for. (prove it!)

 11. On or around (date) the (original Creditor) assigned (SOLD) their rights in terms of the agreement to the Pursuer .

12. Notice of the assignation has intimated to the Defender. (prove it produce the notice of assignment)

13. The Defender has been called upon to make payment of the Sum sued for but has refused or at least delayed to do so. (so what!!)

14. This action is accordingly necessary (just because you purchased a lemon debt - doesnt mean the money IS owed)

 

PURSUERS 
against 
[Me] 
[My Address] 
DEFENDER 
The pursuers crave the Court to grant decree against the defender for payment to the pursuers 
of the sum of [SUM] [£SUM] together with expenses. 
.

 

DEFENCE.

.pre amble..

The pursuer 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 likely placed for sale because the Original Creditor neither wished to prosecute their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act.  

It is accepted insofar that I have had financial dealings with (insert name of the original creditor) , i do not recollect any outstanding balance to (insert original Creditor) that the pursuer refers to so have therefore sought clarity from the pursuer given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming for.

A CCA request section 7? was sent recorded delivery on [date]. To date the pursuer has failed to comply & is in default of said request.  

The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce under the consumer credit Act and bring this claim to court

namely: 

Copy of The Signed Consumer Credit Agreement 
Copy of The Notice Of Assignment letter 
copy of The Default Notice Issued By The Original Creditor ...  

Along with 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. 

---------------------------------------------------------

1. Admitted

2.Not known and not admitted that any said Agreement was ever signed or ever existed between [original creditor] and the defender. The defender made a request under s7(X) of the consumer credit Act 1974 on (date /method), (omit the following if 12+2 working days have not elapsed since you sent your CCA Request) to the Pursuer to which no response was received within the statutory time allowed.

Copy of letter attached as PROD1

3.Not known and not admitted that the said contract between [original creditor] and the defender exists.

The defender made a request under s7(X) of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed.

Copy of letter attached as PROD1

4.Not known and not admitted that the said contract between (original Creditor)  and the defender exists.

The defender made a request under s7X of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed.

Copy of letter attached as PROD1 [CCA request]

PLEAS IN LAW

The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable.

Accordingly, given the Pursuer’s averments are irrelevant et separatism lacking in specification, the action should be dismissed.

The Defender denies the sums being claimed as due and the resting owing decree should not be granted as craved.

the back page of your defence must be intimated [dated and signed] that you have served this on the claimant too

….

https://www.consumeractiongroup.co.uk/forum/showthread.php?478656-Arrow-Shoes-Oridinary-Cause-Action-1st-Direct-HSBC-Credit-Card-debt

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Ordinary Cause Action Claims Scotland - How To Respond Guide

..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

thread updating in progress.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

useful for background

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  

1.The parties are designed in the instance. Admitted

 

2.The pursuer has no reason to believe that any agreement exists propagating jurisdiction over the subject matter of this cause to any other court. Admitted

 

3.the pursuer has no reason to believe that any proceeding may be pending before any other court involving the same cause of action between the parties as those named herein. Admitted

 

4.The raising of the action and is domiciled there. Admitted

 

5. The nature and circumstances of the said residence indicate the the defender has a substantial connection with Scotland. This court accordingly has jurisdiction Admitted

 

6., on or about 3 October Barclays Bank UK plc entered into a credit agreement ( hereinafter referred to as the agreement ) with the defender. A copy of the agreement will be produced the agreement is regulated by the consumer credit act 1974 ( the 1974 act )  Not known and not admitted. 

The pursuer 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 likely placed for sale because the Original Creditor neither wished to prosecute their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act.  

 

It is accepted insofar that I have had financial dealings with (insert name of the original creditor) , i do not recollect any outstanding balance to (insert original Creditor) that the pursuer refers to so have therefore sought clarity from the pursuer given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming for.

 

The pursuer states A copy of the signed agreement will be produced upon demand and that the agreement is regulated by the consumer credit act 1974 ( the 1974 act ). The Said Act states important legal protections for consumers regarding enforceability and a creditor or debt buyer must meet these by providing documentary evidence.

 

A CCA request section 7? was sent recorded delivery on [date] . To date the pursuer has failed to comply & is in default of said request 

 

7.The Defender failed to maintain payment of the instalments due in terms of the Agreement. Barclays Bank UK plc served a default notice in the defender. The Defender failed to make  payment in satisfaction of the Default Notice Barclays Bank UK plc terminated the agreement. Following the termination of the agreement the balance due thereunder is £9,320 which is the sum sued for. Not known and not admitted. 

The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce under the consumer credit Act and bring this claim to court namely:  
copy of The Default Notice Issued By The Original Creditor ...  

 

8.On or around 18 January 2022, Barclays Bank PLC rights in terms of the agreement have been assigned to the Pursuer . Notice of the assignation has intimated to the Defender. Not known and not admitted. The defender puts the pursuer to strict proof provide all the required documents to legally be able to enforce under the consumer credit Act and bring this claim to court

namely: 

Copy of The Notice Of Assignment letter 
Along with 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. 

 

9.The Defender has been called upon to make payment of the Sum sued for but has refused or at least delayed to do so. This action is accordingly necessary Not known and not admitted

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

style="text-align: center;">  

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If you need to add something to this thread then

 

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If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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