Next directory - court claim? ~( SCOTLAND )~

[Kraken]

Hi, my wife received a letter through door today. It is for her old Next directory account. Is this genuine court claim? Why is there such a long time for response? Almost two months. What to do with this. Soohsmiths sent my wife letter last year with her maiden name. She replied with CCA letter but with new name. Then they replied to send them marriage certificate to confirm her name. She did not replied since that time. They did not responded for CCA so why she should send them any certificates?
What is the best action to do now?

[Amethyst]

Do you have the claim form too pls ( the text of their claim)

Is the claim in your wife's maiden name?

Many idea when the next directory account was first opened? Or when it defaulted / payment was last made ? ( within last 5 yrs ? )

The claim has been served quite quickly, they had till end March to serve it, then there's the 30 days for you to respond ... so seems you have 2 months to sort out what you're doing with it.

ScottishSolicitor Ruby

[Kraken]

Do you have the claim form too pls ( the text of their claim)

Is the claim in your wife's maiden name?

Many idea when the next directory account was first opened? Or when it defaulted / payment was last made ? ( within last 5 yrs ? )

The claim has been served quite quickly, they had till end March to serve it, then there's the 30 days for you to respond ... so seems you have 2 months to sort out what you're doing with it.

ScottishSolicitor Ruby

Claim is in my wife's maiden name same as Next account was openpened with but has changed few years ago (before default).
Last payment was made in November 2015, not sure when account was oppened (must be 2010 or so)
Yes, noticed there is a long time to respond. Are they trying to scare with court action and make my wife to pay?
What would be the best move? If she will pay somehow the other credior will see this and there will be another court claim soon which will be more damaging and she cannot afford it.

[Kraken]

other part

[Kraken]

Any idea on this what to do?

[Amethyst]

Morning ( just )... okay first step is get another CCA request sent off to the Claimant ( Cabot ) and inform the claimant of the change in name ( which they were aware of before bringing the claim ) although as the account was opened in 2011 it is quite likely that the claimant would be able to produce a comliant credit agreement. The account defaulted 2016 so well within time limits. Cabot (UK) Ltd aren't licenced at the moment for debt collection but I wouldn't defend on that basis alone. You could send a SAR to Next but as this is all quite recent it seems unlikley it would show up anything very helpful.

I've tagged a couple of people who know more how the Scottish procedure works for your next steps, I'm not sure how the disclousre rules work if there's an equivalent to the CPR 31.14 copies of documents mentioned in the statement of case ScottishSolicitor might know.

If this shows on your wife's credit file at the moment and she settles it it would be marked as settled ( or partially settled depending if you get a deal on the amount ) - and yes this could be seen by any other creditor. However I would expect that is better than having a judgment recorded against her?

She could always try and enter into a payment plan ( affordable, based on her income/expenditure ) with this other creditor if it does threaten to take it to court. If a Judgment was obtained, with this or the other one, any installment order would only ever be for an affordable amount.

[Kraken]

Is it too late or can phone them to pay with out going to court? Any chance for any settlement amount?

[Amethyst]

You can try and settle at any point up to Judgment. Negotiate.

Have you sent a CCA request off at all or done anything since the end of Feb ?

[Kraken]

No, as had no reply in here. My wife is quite nervous if she had to go to court. Looks like nobody except you has something to say. Thought this site is to help people but have different feelings.
So what about CCA? Who should I send to? Cabot?
Can they demand marriage certificate as a proof of name change? I have to pay for certificate.

[Ruby]

Hi Kraken, the account was opened in 2011? I understand that by that time regulations had tightened and probably most CCAs were compliant to today's standards.

Doing a CCA request is always a good idea, as there is a chance that the original creditors have misplaced it .......

As for your question - "Is it too late or can phone them to pay with out going to court? Any chance for any settlement amount?" I would recommend you call them and find out. My motto is you don't ask you don't get

Even if you negotiate a settlement with them, but they have already set a court date I would advise calling the court a day or two before just to make sure that the case is not going ahead (just in case they try and do a sneeky).



Please note that I only speak from personal and life experience x

[jaguarsuk]

Thought this site is to help people but have different feelings.

It's not that people don't want to help, it's that Scottish jurisdiction means that there are different rules to the court process and there aren't many on here who know those rules to be able to advise (myself included).

There's more information on the process here though: http://www.scotcourts.gov.uk/taking-...ing-to-a-claim

[Kraken]

Thanks for reply, I know it is different in Scotland, but more or less many things are similar. Should I phone Cabot to make an offer or Walker who is taking my wife to court? What is the practice, how much discount I can play on? If I have to pay £900, can I ask for £300? I mean what is the common practice?
Also, how should I pay? Should I request settlement letter to be sent to my home and pay online? I do not want to pay over the phone and then find out they still taking me to court.
Also would like to ask, when is CCJ/Decree applied. Is it during first hearing at court, or if my wife start paying small ammounts CCJ will not be applied yet?
What is the best way to play this now?
Want to settle but as cheap as possible.
Any advice?
Did not send second CCA request as they asked for mariage certificate so they would play on time again.

[jaguarsuk]

Thanks for reply, I know it is different in Scotland, but more or less many things are similar. Should I phone Cabot to make an offer or Walker who is taking my wife to court? What is the practice, how much discount I can play on? If I have to pay £900, can I ask for £300? I mean what is the common practice?
Also, how should I pay? Should I request settlement letter to be sent to my home and pay online? I do not want to pay over the phone and then find out they still taking me to court.
Also would like to ask, when is CCJ/Decree applied. Is it during first hearing at court, or if my wife start paying small ammounts CCJ will not be applied yet?
What is the best way to play this now?
Want to settle but as cheap as possible.
Any advice?
Did not send second CCA request as they asked for mariage certificate so they would play on time again.

Okay, so if you decide to settle with Cabot then you would ask them to discontinue the claim (or whatever the Scottish version of discontinuance is) and settle it, so there would be no decree on your wife's credit file.

In negotiating the amount I think you start at £150, if you don't ask then you won't get. Thereafter you negotiate up if you have to and see where it goes. If you do agree a settlement you don't pay over the phone, you want it in writing with their bank details to make a bank transfer and the letter must state "as full and final settlement."

That way you'll be able to file their offer of settlement letter along with a copy of the bank statement and ensure you have the evidence it was settled.

I think you will probably be best writing to or emailing the Solicitors to discuss settlement as opposed to phoning. Head each letter or email "Without Prejudice Save As to Costs." This article explains the use of Without Prejudice in Scottish law as the following:

In summary, it would appear that the without prejudice protection in Scotland covers correspondence, concessions or statements made with a view to trying to achieve a settlement, but that does not prevent that same correspondence being referred to either where there is a clear admission or statement of fact, or in relation to expenses.

Therefore do not admit anything or make a statement of fact. Personally I would simply write saying you are aware of the time, cost and effort involved and with a view to that whether they might be amiable to reaching an agreement to settle. If so you would like to offer £X to be paid on X date as full and final settlement. If their client is accepts the offer they should write to you at X address, detailing the settlement amount as being full and final settlement and including their bank account details plus any reference they require to be stated on the payment.

In England a Judgement order would issued on completion of the court process and if not settled within 28 days from the date of that order a CCJ entry applied to the credit file. I don't know if the same applies to Decrees, I mean it'll be produced after completion of the proceedings and I just don't know whether the settlement in 28 days applies in Scotland to keeping it off the credit file.

[Diana M]

as had no reply in here. My wife is quite nervous if she had to go to court. Looks like nobody except you has something to say. Thought this site is to help people but have different feelings.

I posted this on another thread for a member who has a claim in Scotland to explain that a lawyer who has hands on experience of practising in the Scottish legal jurisdiction would be the best person to advise on how to manage your wife's claim >

When on the receiving end of a Claim/Writ you have to deal with two things in order to have a successful outcome. Both are equally important.

First and foremost is 'law' (obviously) and the Consumer Credit Act applies in Scotland even though it's a different legal jurisdiction.

Second is the legal procedure and the tactics involved.

I think it may be wise for you to take advice from a lawyer who practices in Scotland such as ScottishSolicitor since no matter how much law you absorb on the internet you will still need to get that across in court which is the hard part for a Litigant in Person.

Making an offer doesn't guarantee it'll be accepted so you need to be prepared to proceed as if the claim is continuing just in case. This means your wife needs to return the Response before the deadline.

Di

[Kraken]

Thanks for reply, my wife is scared and wants me to phone them to make a settlement but cannot afford whole sum.
Court papers were send with my wife's maden name same as originall Next account. Then she changed name due marriage and after that time Next account defaulted.
She sent CCA request but signed with new name. So Cabot returned £1 payment saying there is different name and they would need a marriage certificate as a proof she is the one.
If she will send another CCA lets say on Saturday, so (is it 12 or 14 working days to reply) it will be well after court date. What happens when CCA is sent before court hearing and not replied yet? Does court postopne any action and second date will be provided or something else will happen?
Should she send this CCA to Cabot or Soohsmiths?