MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

[Amethyst]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Nemesis - this is a Scots claim so the CPR's don't apply, they have their own lot.

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

M1, et al, can you help with this please?



I lodged defences in time, well a day late, but that was due to the court being closed for a holiday on the last day for defences, and the previous working day also. The clerk assured me, at the time, this was OK.
However, I've now been served with a form G7 - intimation of motion, asking for the court to discharge the options hearing, on the grounds my defences weren't lodged in time. I've called the court and, again, they've confirmed that the defences were lodged in time. But I still have to go thru the motions of defending this new action, which I'll need a wee bit of advice on - come to that later...


HOWEVER - MY QUESTION IS THIS:
I didn't send a copy of the defences to the pursuer's solicitor yet = should this also have been sent by the same deadline for lodging defences??


Can someone please advise ASAP please?

[mystery1]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

http://www.lemac.co.uk/resources/gui...f_Court.htm#02

Court's timetable - G5

Once an action becomes defended the Sheriff Clerks issue to each of the parties a document known as a G5. This sets out the Court's timetable for procedure in the early stages of the action. The G5 states the last day by which written defences require to be lodged with the Sheriff Clerk. The defences also require to be intimated to the other party.


It certainly appears this is the case.


Without sight of the G7 it would appear they want extra time and are not applying for a default judgement.

M1

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

They are actually applying for a motion to have the options hearing discharged and are seeking decree by default. I have tried to lodge a notice of opposition today at the court, but it's blooming closed again! Last day for this is Monday - so will lodge then.

I am, today, sending them a copy of the defences, and a copy of the notice of opposition, with a letter stating that I am opposing their motion to discharge the options hearing, as the papers were lodged at court in time, notwithstanding the court holiday.

As I have not disadvantaged their case in any way, by not supplying them the defences at the same time as they were lodged in court, I believe that the Sheriff will dismiss this motion, especially given the fact that they failed to supply me the requested CCA documents within the statutory time limit, and have still not fulfilled this request.

Do you think this sounds OK?

[mystery1]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Sounds fair to me.

M1

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

hey folks - a wee update, in case it is of any use to others in the same boat. Sorry for the absence, but with the holidays and a busy start to the year it's the first chance I've had.

So, as the court was closed when I submitted my defences, Y+K saw fit to enter a motion, asking for the court to discharge the options hearing, on the grounds my defences weren't lodged in time.
The court agreed that the defences were lodged in time, but I now had to go thru the motions (see what I did there!) to defend this motion to discharge the options hearing. I consulted a solicitor and he has, since, attended court on my behalf, with Y+K agreeing to a sist in the case until legal aid is applied for. They haven't got the paperwork, and I know it, to back this case up, so it's going to get dragged in and out of court, raking up fees that are entirely unnecessary - and once these get to a certain level, I am certain that they will capitulate.

Now, on another matter, I received ANOTHER Ordinary cause action yesterday. This time from Nolans on behalf of Cabot who have bought the debt from Opus (haven't heard of them until now) who were assigned this card from Citi. And along this 'chain of command' I've not had any notice of assignment etc...

I'll be defending this one too, in the same way, but quick question - it is nearly 5 years since I had dealings with Citi, and Nolans states in their letter/writ that ALL correspondence must go thru them. I will need to SAR and CCA for this card, and I know that the SAR usually goes to the initial lender, but in this case, as they seemed so insistent that all correspondence go thru them, should I just SAR Nolans??

[nemesis45]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Personally I would send the SAR to the " Data Controller" at Citi marked Private & Confidential. Cabot/Nolans wil have only the very basic
details which were passed on when the debt was sold.
CCA request to Cabot.
nem

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Nemesis, will do...

now, here's a thing - can anybody pitch in their tuppence worth here please:

In 2009, the Scottish Court Rules were amended, such, that an action related to a regulated agreement, with respect to the Consumer Credit Act 1974, had to:
(a) the initial writ shall include an averment that such an agreement exists and details of that agreement; and(b) a copy of the regulated agreement shall be attached to the initial writ

Neither this writ, nor the previous one I am currently defending, had such a copy. The previous one did, at least, CLAIM, to have an agreement, but this current one does not. This suggests to me that both writs were not served correctly?

However, what makes this current writ worse, is that it summarises that it has been served with:
form 03 (application for time to pay direction) AND
form 07 (notification of intention to defend)

FORM 07 WAS NOT INCLUDED - I THINK, INTENTIONALLY, TO CONFUSE A LAY PERSON.

Surely this definitely makes this writ incorrectly served...?

[nemesis45]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Not to familiar with that part of Scottish Law, but it would seem (if there is no notes of guidance to the contrary) that the writs (s) are no good without the agreement attached.

I'm sure someone with more knowledge than I will be able to advise further.

nem

[nemesis45]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Any Scottish Law experts around please??

nem

[mystery1]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

I don't think there are any experts on Scottish procedure on here.

chapter-5---citation-service-and-intimation-(3).doc

M1

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

I don't think there are any experts on Scottish procedure on here.

[ATTACH=CONFIG]16411[/ATTACH]

M1

Yes there are (were) [MENTION=45569]ScottishSolicitor[/MENTION] - helped me on a stat demand a year ago.

Possible to 'tag' a username on here?

[mystery1]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Yes there are (were) @ScottishSolicitor - helped me on a stat demand a year ago.

Possible to 'tag' a username on here?

Indeed. Doesn't post very much though.

M1

[Ruby]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

Although Nolans have stated that all correspondence must go through them please send the CCA request to the original lender. I did and just copied the correspondence to Nolans. In my case Nolans stated verbally that they had enough 'evidence' to issue the court claim however as it turned out they did not as Cabot could not produce compliant agreements and my case was discontinued.

I stated in court that I had given Cabot 3/4 months in total to come up with the paperwork and felt that was sufficient time. The judge thankfully agreed. Nolan's initially tried to ask for an extension of time. As Nolan's said to me verbally, before the court hearing, they have thousands of cases on their books and 'trust' the DCA's. Lol, they have to trust them as they pay their wages!!!!

When, oh when are the new pre-action protocols for DCA's coming out???????????????????????????????

[stressball]

Re: MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

HI GUYS AND GALS... some big help here please??

OK, so Y+K have come back with a copy of a 'signed agreement' and a copy of the terms and conditions... I don't think it holds any water, but I REALLY need some help in having someone scrutinise this for me and giving me some feedback... PLEASE?? The case is, currently, sisted for legal aid application, but I'm keen to get this nailed ASAP.

I've, actually, already posted this 'signed agreement' (it was an application form - can that really be classed as the agreement?) But nobody made any reference to it, as far as I can tell - can ANYBODY please check the CCA scan and let me know?

I need Advice please? Can anyone tag any experienced users in this field who might be able to help?

Please advise ASAP - as always, your advice is most gratefully received.