Intrum (1st Credt)/DWF SPC OD Court Claim - Old HBOS OD - Calling OC to Court?

[salkirwi]

No it has not  . . I have just found it amongst the data send to us by HBOS in response to SAR.

[dx100uk]

Urm...disclose it in another IA??? Now

[salkirwi]

OK . . . does IA means “Interlocutory Applications”

If it is can you kindly point me to where I can find some information on how to put it together please   DX100

[dx100uk]

No incidental application

 

Have a read of spc claims here already

illpop back later.

 

Dx

[salkirwi]

Thank you very much DX . . I am on it

[salkirwi]

Good Evening DX

 

I attach the draft   IA .  May I ask you to scan through it to see if I am on the right track, but please forgive my spelling and grammar  . .  I shall get better one day .

 

Thanks DX

form_9g-Draft.pdf Incidental Orders- Draft.pdf

Edited July 4, 2021 by salkirwi

[dx100uk]

a useful read

 

Cabot/Nolans SPC Claim perth - Old JDW Cat Debt- - Scotland Financial Legal Issues - Consumer Action Group

 

add  in .......at the 1st cmd....I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.

 

and if anything in cmd 2 to again back up wanting these etc

 

add to 5, and I  therefore  wish  the  sheriff  to  issue  an absolvitor  and request  costs." 

 

not on my server till tuesday so hold till then please

 

 

 

 

[salkirwi]

Hi DX . . Thank you for the hints.

 

Here is Draft-2  . .  I hope I have covered all the important points.

 

I am staying online all day Tuesday to respond and attend  when needed

 

Cheers

 

 

Incidental Orders- Draft-2.pdf

[salkirwi]

Good afternoon DX . . . Just wonder whether you had a chance to review my updated draft IA ?

Edited July 6, 2021 by salkirwi

[salkirwi]

2 hours ago, salkirwi said:

Good afternoon DX . . . Just wonder whether you had a chance to review my updated draft IA ?

Couple of questions please:

1)     Is there a set time for the submission of an IA before the next CMD?

2)    In Section C1 of IA form (What orders would you like the court to make?) Shall I just ask for the sheriff  to  issue  an absolvitor  and grant costs

[dx100uk]

i thought you'd already been looking around here and reading our stickies 

 

What To Do - Simple Procedure Rule Claims Scotland - Scotland Financial Legal Issues - Consumer Action Group

10-part-10.pdf

[salkirwi]

I did indeed saw these but when you said in Post #77  to disclose IA   NOW  I thought there is an urgency  that is  specific to the submission of IA in relation to the timing of the next CMD.

 

However, it is clear now  . . . Thank you DX

Edited July 6, 2021 by salkirwi

[dx100uk]

back at the server now so slowly getting back upto archive speed 

 

worthy a read too.

 

MEIII [CABOT]/Nolans SPC Claim - old Yorkshire Bank Loan *** 2nd Claim Dismissed*** - Page 4 - Scotland Financial Legal Issues - Consumer Action Group

 

let me know what you are going to say and we'll fine tune it.

pretty sure an IA is the way to go

it will put the pressure back on nolans...watch them wriggle when they see that...

 

 

[salkirwi]

This is an update to the CDM, which was held yesterday.

 

Intrum lawyer started with their usual shenanigan, claiming that he did not receive my email and the IA.  Although, the Sheriff has it in his folder.  Then the lawyer suddenly found the email in his email trash.  The Sheriff asked him if he wishes time to digest the IA but he said No . . . he is happy to proceed, (clearly it was not in the trash and he knew its content)

 

The Sheriff initially directed his questions to Intrum lawyer, discussing the level of expenses they are claiming. I am not sure why? since it should be capped at £150 for the size of the claimed sum.  . . .  Perhaps DX/Andy could comment on that?

 

Then he turned to me verifying the content of IA.  This is what I said:

 

“The Claimant has failed to produce the 3 most important documents to this case,  despite we have been asking for it since CMD in February 2021.  These documents are:

 

1.    Financial Agreement:  The  Consumer Credit Act 1974, section 78 is explicit regarding the requirement of the “Financial Agreement”.   Without this document, the original Creditor and the current Claimant is not entitled to enforce the agreement.

 

2.    Default Notice:  The Consumer Credit Act 1974, sections 87/88, again, is explicit regarding the serving “Default Notice”. Without this document, the Original Creditor, and subsequently the current Claimant, had no right to terminate the agreement, or demand payment of any sum.

 

3.     Notice of Assignment:  The Law of Property Act, 1925, lays down the requirements for the Legal Assignment.  One important requirement is Notification, which must be sent to the borrower (Notice of Assignment).   In the Claimant case submission, there is no “Notice of Assignment” submitted. Hence, the Legal Assignment is incomplete; and therefore the claimant is unable to take enforcement action in their own right.

 

The Sheriff then questioned our original admission submitted in the initial defence, in which we said that my niece’s partner paid  partial payment, which was in agreement with the bank. He questioned why we have not formally submitted a change to our defence from that we submitted at the start of the case.  I respond that the document we submitted on 10 March 2021 reflect our position at this case (Post  #59). 

 

The Sheriff then asked me if we are changing our initial defence submitted in our response to the claim (i.e Form 3a)  . . I said YES . . and I refered him to (Section 5) of our submitted document of  the 10 March 2021. 

 

The Sheriff then siad he will consider the case within the next 2 week and make his decision. . . .  End of the CMD

 

Do I understand he is either going to dismiss the case or put it forward to a formal court hearing? . .  any thoughts please  DX / Andy  ?

 

Thanks

[dx100uk]

yes at a CMD thats all he can do

dismiss it or move forward 

 

looking good for you IMHO.

[salkirwi]

Thank you DX . ., that is encouraging 

[dx100uk]

Open

 

dx

[salkirwi]

Hi and Merry Xmas to all

 

On Thursday, 23 December 2021, and just before Christmas, we received the court decision on the case.  The sheriff decided to award Intrum the full claimed sum plus expenses of a rounded figure of £500.

 

I am quite intrigued on the content of the order, as well as the length of time it took the sheriff to decide. The Sheriff said at the last Case Management Discussion, which was held 09 July 2021, that he will decide on the case within 2 weeks but it took six months.

 

Plus should he either dismiss the case or move forward to a  full hearing ? or am I wrong in my understanding?

 

I am intending to appeal, as I feel this is quite strange and unfair for the Sheriff to ignore all submitted facts and rules in favour of Intrum, and I would appreciate the help and guidance, if possible.

 

Thank you

Edited December 27, 2021 by salkirwi

[dx100uk]

Yes very unfair. Appeal

[salkirwi]

Firstly, Happy New Year to you all  . . hope 2022 will be kinder.

 

In order for me to put an appeal together, I would appreciate advise on two questions please:

 

1.    The date of the court order is 09 July 2021, which is the same date of the last CMD, but we received the court order by email on 23 December 2021 and the written by recorded delivery on the 24 December 2021 (almost 6 months from the date of the order and receiving the order).   . . . . .  What is the position with the 4 weeks appeal period limit set by the Simple Procedure court?

 

2.    Is there any knowledge information on the Forum on how to put an appeals together that you could point to please?

 

Thank you

[salkirwi]

Hi DX100,   Andy

 

Any advise and help will be  really appreciated?

 

Regards

[dx100uk]

an appeal of an unfair judgement in scotland is called a repone 

 

pop up on the scots.gov.uk simple procedure site and read up on how to repone a decree.

 

dx

 

[salkirwi]

Thank you for the advice.

 

In view that the Sheriff in issuing the court order he has ignored to observe that we have put the claimant to Strict Proof to disclose copies of:

a.  Copy of the Financial Agreement with the Original Creditor.

b. Copy Default Notice

c. Copy of Notice of Assignment (Assignation)  

 

My question is:

Am I submitting for a Recall of the decision of the sheriff  -  ( Form 13B (2)  Application to Recall) ?

OR  . . .  Am I Submitting an Appeal – (FORM 16A The Simple Procedure Appeal) ?

 

Thanks

[dx100uk]

you wish to repone an SPC decree - i believe if you read about an SPC on the scot.gov.uk site - that it is called an application to recall

[salkirwi]

Hi DX100

 

I have been reading about the Application to Recall.   The more I read the more I am getting confused.  Hence I need some advise or even a small hint please.

 

As I understand it, I can only apply for a Recall when a case fits any one of 5 decision outcomes.  These are:

 

1.    where the sheriff dismissed a claim because the claimant did not send the court an Application for a Decision within 2 weeks from the last date for a response

2.    where the sheriff made a decision because the respondent did not send the court a Response Form or a Time to Pay Application by the last date for a response

3.    where the sheriff dismissed a claim because the claimant did not attend a discussion or hearing

4.    where the sheriff has made a decision because the claimant did not attend a discussion or hearing

5.    where the sheriff dismissed a claim because neither party attended a discussion or hearing

 

None of the above applies to our case, as follows:

 

Three of these conditions are dismissals, Numbers 2, 3 and 5, which in not in our case. 

 

Number 4, does not apply as it concerns the Claimant being absent from the hearing

 

Number 2  is when the respondent did not send the court a Response Form. In our case we did submit a Response Form.

 

My question is do I still go for Application to Recall or just go for an Appeal, as I have till Friday 21 January 2022 to do it?

 

OR I am reading the wrong information section on the Recalls procedure?

 

Thank you

Edited January 18, 2022 by salkirwi