Simple procedure (Scotland) received HELP please

[Aquaman777]

Hi everyone, I have recieved something called a simple procedure letter, recorded signed for delivery (which wasn't signed for and just put through my letter box maybe because of covid 19)

Its an official local sheriff Court letter outlining that a debt collection agency is taking me to court for an unpaid payday loan to lending stream. There is 3 options I have to fill in a response form to either admit and pay in full, admit and ask for time to pay, or deny and defend,*

Whatever option I choose the form tells me I must provide details of why and all facts etc

I would like to defend and apply for proof of original documents etc can anyone advise me how to start I don't want to mess it up as I have no legal experience?

I can't simply deny at this stage I must provide details why

[Aquaman777]

Bump, anyone got any tips here please, I'm starting to think I should maybe just call and make a deal to make payments?

[MIKE770]

Celestine

[Celestine]

Hi - I won't make comment on the Scottish court rules as I'd need to brush up my knowledge of their procedures apart from select 'Defend in Full'
You can state you are defending the account because you dispute its enforceability.
You must now send a CCA request to Lending Stream. Read this guide here: https://legalbeagles.info/library/gu...y-court-claim/
Please remember this is for the English courts primarily but many of the steps are identical in terms of getting hold of the documents. Ticking defend just buys you some more time to investigate whether this debt is genuine and the correct interest has been applied etc.

[Aquaman777]

Thanks for the reply Celestine appreciate your time. I have done a request and lending stream have provided it along with every document and statement.

This is now in the hands of asset collections who bought the debt, they won't deal with me now and tell me to speak to the solicitors shoosmiths who have served me the citation.

I'm resigned to the fact I'm going to have to pay now as I don't want a decree on my credit for 6 years.

Can you give me any advice on my chances of making an offer to settle? If I offered 50% what do you think my chances would be?

They want the original debt plus 8% interest and legal fee added too.

[des8]

tagging ScottishSolicitor who might be able to give more advice

[Celestine]

I would like to defend and apply for proof of original documents etc can anyone advise me how to start I don't want to mess it up as I have no legal experience?

Thanks for the reply Celestine appreciate your time. I have done a request and lending stream have provided it along with every document and statement.

These two statements from you conflict. You have received all documents or you have not?

[Aquaman777]

Hi Celestine sorry for confusion but the two comments you refer are 2 weeks apart from me. I received all documents from lending stream extremely fast.

Just looking for advice now on the best approach to maybe making an offer direct without going to court? Are they likely to accept a 50% lump final payment.

Is it OK for me to call them and try and sort a deal between us, I have a while before I need to make a reply to the official citation (over 1 month left to respond)

[Celestine]

Ahh okay - wow super fast compliance?!
Ok, unfortunately you don’t have many options as you don’t have any contractual disputes. Was the money lent fairly? Could you afford it? Were proper lending checks done?
Without genuine grounds for dispute, the creditor doesn’t have to offer you discounts. The norm would be to agree to pay the whole lot off in installments. You can still agree this now without getting a decree against you, in which case, a call to them would be a wise move.