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What To Do - Ordinary Cause Action Claims Scotland

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WARNING:  YOU ONLY HAVE 7 DAYS TO REPLY TO THE COURT.

if the claim has been made by the ORIGINAL CREDITOR then a time order might be your best bet. but still please fill out the questionnaire below

if the claim has been made by a DEBT BUYER/DCA then follow below

Copy and paste this post to your OWN THREAD:

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 is the writ for –

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

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

what date was this served on you:-

what date is within the COURT STAMP:

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

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?

What you need to do now.

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

read the next post below too:


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All documents are here:

Ordinary Cause Action for over £5000

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

below are the relevant ones for ease

we need to see the writ as served

scan it up please to ONE MULTIPAGE PDF

read upload

it is worthy to note

if you are defending fill in form 07 it costs £120

copy the form to the claimant too.

form 07 MUST be in the prescribed format [iMPORTANT]

see the threads linked below

 

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

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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

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here is an example.

this is for a credit card

form 07 MUST be submitted in specific format to the sheriff's clerk office directly

pref by hand though you can email it.

Preparing your defences

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

You must prepare a document 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. [typically £120]

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.

 

example no CCA return credit card 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.


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


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 623 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.

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Thank you
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