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Court citation in Scotland

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  • Court citation in Scotland

    Hi everyone,I had a loan with RBS,7k left to pay.Per advised on the get out of debt for free site I stopped paying and followed the rules of sending the letters asking for proof of the alleged debt etc.It got passed to a lawyers in Glasgow.They have ignored the tact agreement I got them in and have passed the debt to the court.It seems to be only the loan that is causing the problem,I have dealt with a couple of credit cards and has worked no problem per the instructions on the get out of debt free website.

    The other day I got a citation to court,no stamp on it so looks like it was hand delivered.I have until the end of this month to either come to an arrangement to pay or defend in court.I really don't want to go to court.I was going to send it back as "no contract" but was wondering if anyone can tell me the best thing to do.I appreciate any help.Thanks in advance and keep up the good work :-)
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  • #2
    Re: Court citation in Scotland

    First thing to do is to check with the court to see if the papers are genuine as you have indiacted you are not sure. Phone them up and they'll confirm the reality for you.

    M1

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    • #3
      Re: Court citation in Scotland

      Thanks M1 it is genuine,there is a writ at the back of the citation with a sheriff court stamp and the fee of £80.Any ideas what I can do?

      Comment


      • #4
        Re: Court citation in Scotland

        Is there any dispute about the debt ? (other than the missing copy of agreement) WIthout knowing more info about the debt and agreement its really impossible to advise properly. Have RBS simply not sent the CCA following a formal request or have they sent a non compliant agreement ? With the limited info you have given and knowing the way these kind of defences go more often than not personally I feel it would be in your best interests to come to an arrangement to pay, set by the courts based on your income and expenditure, and try to avoid a restriction on your property.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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