Court Citation received - please advise.

[FlamingParrot]

Re: Court Citation received - please advise.

PoC = particulars of claim, the claimant's arguments

CPR = Civil Procedure Rules, you'd use these to obtain documents from the claimants.

But I've just remembered you are in Scotland, and I wouldn't want to mislead you, because the process I'm familiar with refers to England, where I live. :ohwell:

[PlanB]

Re: Court Citation received - please advise.

The Small Claims Court limit is only £3,000 in Scotland

Here is some information for the OP. There's an excellant step by step guide on how to respond/defend a claim in the FAQ section but I have no idea how to upload it on here. I have many strengths but IT isn't one of them

http://www.scotcourts.gov.uk/taking-...s/small-claims

[mickmcg28]

Re: Court Citation received - please advise.

Thanks PlanB, I'll read over that.

@FlamingParott, I understand that you don't want to mislead me, however I think the law in Scotland is similar to the rest of the UK with this kind of case in as much as, if they don't have the original paperwork, the debt is "unenforceable at law" as stated in the Consumer Credit Act 1974. So again, with that as the basis for my defence (if I have the bottle to go down that road) then all I really need to know is..... is this correct, that they MUST have the oroginal CCA to get a court to rule against me?

Thanks,
Mick

[mickmcg28]

Re: Court Citation received - please advise.

The Small Claims Court limit is only £3,000 in Scotland

This is bad news for me then!!

[FlamingParrot]

Re: Court Citation received - please advise.

The Small Claims Court limit is only £3,000 in Scotland

Here is some information for the OP. There's an excellant step by step guide on how to respond/defend a claim in the FAQ section but I have no idea how to upload it on here. I have many strengths but IT isn't one of them

http://www.scotcourts.gov.uk/taking-...s/small-claims

I hope I got the right docs... :nerd: :nerd: :nerd:

[PlanB]

Re: Court Citation received - please advise.

This is bad news for me then!!

Not necessarily. If you've got good prospects (60% or above) of winning the case then you may find a lawyer will take you on a No Win No Fee basis because if successful they could recover their costs from the other side

[FlamingParrot]

Re: Court Citation received - please advise.

Thanks PlanB, I'll read over that.

@FlamingParott, I understand that you don't want to mislead me, however I think the law in Scotland is similar to the rest of the UK with this kind of case in as much as, if they don't have the original paperwork, the debt is "unenforceable at law" as stated in the Consumer Credit Act 1974. So again, with that as the basis for my defence (if I have the bottle to go down that road) then all I really need to know is..... is this correct, that they MUST have the oroginal CCA to get a court to rule against me?

Thanks,
Mick

Yes, the CCA still applies, it's just the court procedures that are different. So you would still have sent a s.78 CCA request because that falls under the Consumer Credit Act, however, once they start proceedings, you'd use the Civil Procedure Rules (the CPR I'd mentioned) to obtain the documents mentioned on the claim, agree an extension, etc. This is where things get different, in Scotland you'd follow a different process to achieve the same thing, i.e. the disclosure of documents they intend to rely on.

[mickmcg28]

Re: Court Citation received - please advise.

I see. Thanks for your help.

I am going to the CAB for some advice in the morning, it's beeb closed since Thursday for Bank Holiday weekend so hopefully they can help me make the right decision. Has anyone got experience of how helpful/useful the CAB people are in these situations?

M.

[SpringerSpaniel]

Re: Court Citation received - please advise.

As you are in Scotland, you might also be able to get free help from Govan Law centre or another Law Centre.

[FlamingParrot]

Re: Court Citation received - please advise.

I see. Thanks for your help.

I am going to the CAB for some advice in the morning, it's beeb closed since Thursday for Bank Holiday weekend so hopefully they can help me make the right decision. Has anyone got experience of how helpful/useful the CAB people are in these situations?

M.

If you are looking to defend using the Consumer Credit Act to your advantage, I very much doubt you'll find much help from the CAB. Last year I read their new guidance for dealing with debt and, in 40 something pages, there wasn't even a mention of Statute Barred, let alone 'unenforceable'. :sad:

Their idea of helping with debt is to ask you to fill out a 30 something page document, then send you over to Payplan or Stepchange, but that's when you are not being taken to court. I very much doubt you'll find someone who knows the first thing about the CCA.

As you are in Scotland, you might also be able to get free help from Govan Law centre or another Law Centre.

http://www.govanlc.com/advice.htm

Best of luck! :beagle:

[mickmcg28]

Re: Court Citation received - please advise.

If you are looking to defend using the Consumer Credit Act to your advantage, I very much doubt you'll find much help from the CAB.

Wish I had read this before I went out. They advised me to get a DAS in place and cough up.

FlamingParrot, first thanks for all your help etc. One more bit of advice if you could.......
Over the weekend I found letters going back to 2009 from the original DCA (CapQuest). After I sent them the Account in Dispute letter, they replied and said they were no longer managing the account and they were passing all the correspondance over to Egg and from that day (Sept 2009) I heard nothing until January when I got the notification from Marlin Capital that they were now managing the account.

So, no CCA in 2009, no mention of it in my Experian Credit Report, today is the deadline (I think) for the latest CCA request sent on 9th May and the CAB tell me to pay up and admit the debt.

I am too late now to seek legal advice as the deadline is tomorrow, but can you advise if the fact there there seems to be no CCA available, is grounds enough for a defence? I am determined I am going down the defence route but need to be clear of what the implications of the lack of CCA are. CAB advisor basically said, it has no legal bearing on how the case would pan out.

Cheers all,
M.

[FlamingParrot]

Re: Court Citation received - please advise.

Wish I had read this before I went out. They advised me to get a DAS in place and cough up.

As expected!

I am too late now to seek legal advice as the deadline is tomorrow, but can you advise if the fact there there seems to be no CCA available, is grounds enough for a defence?

You can argue they are in default of your s.78 request as they have never replied to your requests. The risk with this is if they were to produce a fully compliant CCA at or before the hearing, not very likely but not impossible. You should also look at the default notice and assignment, I think this was mentioned elsewhere on this thread.

I am determined I am going down the defence route but need to be clear of what the implications of the lack of CCA are. CAB advisor basically said, it has no legal bearing on how the case would pan out.

Nothing new!

If memory serves me, Cel :yo: and/or PT2537 :yo: have looked at this and said they couldn't deal with this because you are in Scotland, however, the CCA still applies, so it wouldn't hurt to get their views on the above s.78 issue. I would PMd either/both. :typing:

[mickmcg28]

Re: Court Citation received - please advise.

Thanks, I will do that.
M.