Arrows/Shoos Ordinary cause Form - 2006 newday Marbles Card debt - now of warrant for citation Scotland

[ever21]

Hi, does anyone know what to do in this case. 

I received this yesterday. 

Defaulted March 2015 and account closed 2015 By the original credit card company

Letter from from shoosmiths in 20th jan 2020 then this delivered to my friends home on dated 20th feb- I moved abroad 7 years ago no not resident in uk. 

Can anyone give me direction? Thanks 

[AndyOrch]

Topic moved to  Scotland Financial Legal Issues forum.

 

Please continue to post here to your topic.

 

Andy

[dx100uk]

sounds like they got a backdoor decree which shouldn't ever be possible in Scotland.

did you run away and never updated your creditors?

 

scan it up to PDF read upload

 

dx

 

[ever21]

No. Letters all go to friends address

[dx100uk]

well if you want help 

you need to give us the info required.

 

get your friend to scan it.

[ever21]

hi, scanned documents here,

thanks

 

scotland.compressed.pdf

[dx100uk]

had a very quick look

looks like they got a default decree whilst you are resident abroad

 

you need to send the sheriff's clerk of the Kilmarnock court an email ref's the claim number including evidence you are/have been resident in xxx since date and remain so.

the decree should automatically be cancelled.

 

dx

 

[ever21]

Thanks will get that organised

[ever21]

Hi, I sent on my updated details to sheriff in the time allocated, but now I have had a decree dated june 2020. 

So it looks to have progressed with no further instructions from sheriff? Anything else I can do? Thanks for your help in advance 

[dx100uk]

shouldn't be happening if you were/are not a uk/scottish resident.

did they acknowledge your previous communication?

 

and ofcourse you gave and insured a foreign address was supplied to them to reply too by postal mail?

 

dx

 

[ever21]

Hi, 

I sent all details as requested with address and contact email. 

I did not get a response to my email in March. Have been waiting as I know there has been delays due to covid.

I sent  original  email with a cc to make sure it was sent/received correctly.

Now I dont know what to do,

 Thanks 

 

[dx100uk]

obviously you cant ring from where you are ??

sending a CC to yourself doesn't mean they read it nor got it

if they had they WOULD have responded.

you should have comeback here months ago whilst there was time to address the issue

you now have a default decree i think.

 

i think you'll find they never got it, or it got looked over.

did you ensure you put the case ref number in the subject line?

 

email again and ask what is going on...

you are/have been resident abroad since XXX date so how can papers be served to me in person by your officers?

 

tell them you want the decree cancelled.

you are not democidal in scotland they have no jurisdiction in xxx country.

[ever21]

Hi, 

I have sent email requesting information as to why my original email was not actioned.

I did have the case number in the subject line on my email. 

I only got a letter from registry trust, nothing else from courts or

Shoosmiths

thanks 

[dx100uk]

where did the registry trust letter goto then?

 

dx

 

[ever21]

It was sent to the same friends address that the initial citation went to.  I didn’t expect this to happen when I had to reply by April which I did.

I also did check online for any details, but found nothing. 

Thanks