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My friend has been served a summary cause for a pre 2007 capital one debt that was 5 years old (Scotland) from the date of default, as shown on her credit file - approx 2 weeks before the date of the court papers. It was simply posted thru her door, but stated it was served in the presence of a signed witness. It was NOT handed to her personally, and nor was it delivered by recorded delivery...
Is this a correct way to serve a summary cause in Scotland?
Also, can someone confirm, if possible, that the statute barred period starts from the date of default of the debt itself?
I have sent a CCA request to the pursuers, but as it is an original capital one debt, and is pre 2007, I am not holding my breath for them coming up with the paperwork. And nor do I think they should have started these proceedings without having had the paperwork in their presence, and would assume that a sheriff would take a dim view of this?
I am prepared to help her defend this, if necessary, but I am hoping that it might simply be a case of stating to them that they have served the papers incorrectly, and on a debt that is statute barred...?
Any advice please...?
Is this a correct way to serve a summary cause in Scotland?
Also, can someone confirm, if possible, that the statute barred period starts from the date of default of the debt itself?
I have sent a CCA request to the pursuers, but as it is an original capital one debt, and is pre 2007, I am not holding my breath for them coming up with the paperwork. And nor do I think they should have started these proceedings without having had the paperwork in their presence, and would assume that a sheriff would take a dim view of this?
I am prepared to help her defend this, if necessary, but I am hoping that it might simply be a case of stating to them that they have served the papers incorrectly, and on a debt that is statute barred...?
Any advice please...?
