Edel

[Edel67]

To cut a long story short I am being taken to court in a simple procedure claim ,I fell into arrears and defaulted on a debt ,latell I have had letter from deibt collector I challenge thinking it was time barred they are taking me to court because they can prove I made payment in 2013 but on the court papers The bank and account numberso are different, account number belongs to real debt but bank is different, where do I stand

[jaguarsuk]

It sounds like they have made an error in typing up the claim form.

Please could you post a copy of the claim form (with personal info covered) or type out what the Particulars of Claim section says?

Your first step is to Acknowledge the Claim, here's a guide how: https://legalbeagles.info/library/gu...ledge-a-claim/

Tick defend in full, but do not put any further information on the form.

[Edel67]

Thanks

[jaguarsuk]

Hi Edel

Thank you for the additional detail in your private message, please don't be offended that I have replied here and the reason for that is what is in my signature strip below. I'm happy to try to help you, but am not legally qualified and therefore don't want to appear to be consulting anyone privately.

You could defend the claim on the grounds that you have never had an account with that bank. That's true and they'll have to make an application to the court to amend the particulars of claim.

Is this for a loan, credit card or overdraft?

The reason I asked for you to post a copy of or type out the particulars of claim is that you are entitled to see the documents they say they have to prove you owe the debt before you file a defence. It's called a CPR Part 31.14 request and there's a guide on what to do here: https://legalbeagles.info/library/gu...-of-documents/

If they don't have certain documents, then they can't win the claim even if they correct the bank name.

If they have the documents you can go through mediation and come to an affordable repayment agreement, mediation is a binding agreement between the parties and does not register a CCJ against you.

There are many more things that can be done between now and mediation, but to help you'll need to share information when requested.

[Edel67]

Yes it's for a credit card ,originally I asked for a copy of credit application and transection log through their solicitor the duly arrived and the last transaction log was 2010 ,while pondering my next move court papers duly arrive so automatically disputed it they were saying I made a payment in 2013 ,sherrif then gives them 28 days to produce proof of payment it duly arrive via another debt collector had they producedon't the proof then before court papers I would have came to some sort of agreement, sorry this is dragging out I am in my car.

[jaguarsuk]

No problem, you say Sheriff.... are you in Scotland?

[Diana M]

I am being taken to court in a simple procedure claim

Are you in Scotland since you refer to receiving a "simple procedure" claim ?

If so then the CPRs for England and Wales such as CPR 31.14 will not be applicable as it's a different legal jurisdiction.

The process is explained here > http://www.scotcourts.gov.uk/taking-...ing-to-a-claim

Di

[jaguarsuk]

Are you in Scotland since you refer to receiving a "simple procedure" claim ?

If so then the CPRs for England and Wales such as CPR 31.14 will not be applicable as it's a different legal jurisdiction.

The process is explained here > http://www.scotcourts.gov.uk/taking-...ing-to-a-claim

Di

Thank you Diana M I should have spotted that in the initial post not just the mention of Sheriff.

[Diana M]

it's for a credit card ,originally I asked for a copy of credit application and transection log through their solicitor the duly arrived and the last transaction log was 2010 ,while pondering my next move court papers duly arrive so automatically disputed it they were saying I made a payment in 2013 ,sherrif then gives them 28 days to produce proof of payment it duly arrive via another debt collector had they producedon't the proof then before court papers I would have came to some sort of agreement.

Do you mean that the Pursuer has now produced proof that the debt is not Statute Barred?

You say you asked for a copy of the credit application. Was that a formal s 78 CCA Request together with the £1 statutory fee? The Consumer Credit Act applies in Scotland so if the debt owner has failed to comply with your request then that may be useful to your Defence but it's not clear what stage these proceedings have reached and whether you only pleaded Statute Barred.

Di

[jaguarsuk]

Hi Edel67

Thanks for the further update by PM.

I'm really sorry, but I know nothing about Scottish Law. I'll leave it in Diana M 's very capable hands from here.

Good Luck

[jaguarsuk]

Do you mean that the Pursuer has now produced proof that the debt is not Statute Barred?

You say you asked for a copy of the credit application. Was that a formal s 78 CCA Request together with the £1 statutory fee? The Consumer Credit Act applies in Scotland so if the debt owner has failed to comply with your request then that may be useful to your Defence but it's not clear what stage these proceedings have reached and whether you only pleaded Statute Barred.

Di

Edel67 has sent information to me via PM, but I can't forward it on to you by PM Diana M as the site says you have "exceeded your quota"

The basics from it are that they have filed a defence as stat barred, the claimant has produced a log to show a payment made and prove not statute barred. The Sheriff has order our defendant provide bank statements and any letters within 7 days.