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Hi Everyone,
First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful.
At the moment i am going thru the same level of stress and anxiety.
I recieved a small claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot fianancial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached.
As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland.
I have started of with three letters asking for CCA and Deed of Assignment in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow.
In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now.
As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great.
************************* ************************* ******
Dear Sir/Madam:
I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents:
1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART****
2) The Deed of Assignment
****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT*****
3) The Deed of Novation
****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE*****
3) The Notice of Assignment and proof of service of said Assignment Notice
****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****
4) The Default warning letter
5) Default Notice and proof of service of said Default Notice
****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****
6) The Credit Card Agreement as mentioned in your particulars of Claim
*****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE*******
I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer.
************************* ************************* *******************
PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP.
After my application can the court just act on behalf of a recon, or should i be adding anything else in my request to the sheriff?
Hope to hear from you guys soon
Thanks for your reply the documents in pdf
First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful.
At the moment i am going thru the same level of stress and anxiety.
I recieved a small claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot fianancial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached.
As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland.
I have started of with three letters asking for CCA and Deed of Assignment in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow.
In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now.
As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great.
************************* ************************* ******
Dear Sir/Madam:
I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents:
1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART****
2) The Deed of Assignment
****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT*****
3) The Deed of Novation
****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE*****
3) The Notice of Assignment and proof of service of said Assignment Notice
****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****
4) The Default warning letter
5) Default Notice and proof of service of said Default Notice
****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****
6) The Credit Card Agreement as mentioned in your particulars of Claim
*****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE*******
I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer.
************************* ************************* *******************
PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP.
After my application can the court just act on behalf of a recon, or should i be adding anything else in my request to the sheriff?
Hope to hear from you guys soon
Thanks for your reply the documents in pdf
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