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What To Do - Ordinary Cause Action Claims Scotland

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WARNING:  YOU ONLY HAVE 21 DAYS FROM THE DATE THE WRIT WAS SERVED ON YOU.

 

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.

but still please fill out the questionnaire below [if you have not already done this]

 

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

 

Copy and paste this post to your OWN TOPIC:

 

Answer the following questions using the details from the court initial writ

 

name the issuing court:

 

Who are the pursuers:

 

Who Are the Solicitors [listed at the bottom of the writ] :

 

what date was this served on you and by what method [hand/post] and by whom:-

 

what date is within the COURT STAMP:

 

What is the writ for – [sentence under defender]

 

AND under condescendence:

 

type out ALL the text at items 2,3 AND 4: [minus pers details typically account number etc]

 

AND under pleas in law 

 

type out ALL the text at any items : [minus pers details typically account number etc]

 

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

 

What Is the claim for  ..[Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt etc] :
 

from your knowledge: answer the following: 

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

 

When did you enter into the original agreement before or after 2007 [give the date]?

 

Were you aware the account had been sold/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 your 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?

 

 


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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

 

 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), 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

 

 

dx

 

 

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


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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.

 

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).

If you… 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. [it costs £129]

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 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

spreadsheets 

 

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example - no CCA  defence

 

 

DEFENDER

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

1. Admitted

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

The defender made a request under s78 of the consumer credit Act 1974 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 s78 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 HSBC Bank plc and the defender exists.

The defender made a request under s78 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?480777-Cabot-Nolans-Ordinary-Cause-Claim-old-Halifax-Credit-Card-debt-possSBd&p=5056055#post5056055

 

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

 

dx


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

spreadsheets 

 

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