Hi, I’m looking for some advice regarding a scottish court claim please. I stupidly got myself into debt, I let all my credit card accounts default in 2023. I did CCA requests for each creditor and set up a standing order to repay my debts. The only creditor who couldn’t produce a CCA was barclaycard/PRA and this was the only card I never began repaying. PRA wrote to me stating the debt would be unenforceable until the documents were provided, I heard nothing further from them until about a year after my CCA request when I received an A4 envelope full of statements, but still no CCA. In February this year I started to receive letters from Brodies with threats of court action, I asked for some advice on MSE and the general advice was that it would be scare tactics and to await a letter before action. This letter never came and today I have received a form 05, hand delivered by a sherrif officer. Im now terrified and in desperate need of any advice you may be able to send my way? Thankyou so much for reading this far.
Scottish court claim - form 05
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I have had a good look over the writ and note a few points, which may be irrelevant but would really appreciate any advice. Does anyone on here deal with Scot’s law?
1. The writ mentions Barclays Bank PLC, not Barclaycard
2. The writ has no court stamp
3. The writ is in my maiden name, I got married in 2011, the card was taken out in 2012 so was perhaps taken out at that time in my maiden name
4. I already made a CCA request to PRA in 2023 and they said it was unenforceable, would I be best making a new CCA request? Or providing a copy of the letter they sent me before?
Thankyou
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There aren't many speciaists on Scottish legal procedures on the forum. I'm tagging sederunt who may be able to help if still around.
From what little I know of Scottish legal procedure it is commoner for legal action against married to women to use their maiden names than it is in England.All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.
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