Next directory - court claim? ~( SCOTLAND )~

[Diana M]

If she will send another CCA lets say on Saturday, so (is it 12 or 14 working days to reply) it will be well after court date. What happens when CCA is sent before court hearing and not replied yet? Does court postopne any action and second date will be provided or something else will happen?

What court date?

Have you read the link in post # 11 >

http://www.scotcourts.gov.uk/taking-...ing-to-a-claim

Di

[Kraken]

About Solicitor advise, is this true it costs £200 for an hour of service? If there is £900 debt to repay, high costs of Solicitor will make it worse? I understand if the battle was for £30k, there is some sense to try to defend and reduce it even adding Solicitor fee. I may be wrong, please correct me.

[Kraken]

What court date?

Have you read the link in post # 11 >

http://www.scotcourts.gov.uk/taking-...ing-to-a-claim

Di

Court date is 17.04.2018
Will have to check it once I am back home, but think all forms are there.

[Amethyst]

About Solicitor advise, is this true it costs £200 for an hour of service? If there is £900 debt to repay, high costs of Solicitor will make it worse? I understand if the battle was for £30k, there is some sense to try to defend and reduce it even adding Solicitor fee. I may be wrong, please correct me.

I don't think theres any need for a £200 an hour solicitor... I know Joanna (@Joanna C ) and Paul ( pt2537 ) do quite a lot on backend costs ( from the other side) if they win and Joanna has a fixed fee structure as well ( see link in her signature and maybe Diana M could shed some light ). It is still all quite opaque cost wise although we are trying to make things more transparent with our JustBeagle site it's tough going and it doesn't cover Scotland as yet. Many places will have a chat for free and you could always ring and ask costs. Jo and Paul both will advise over the phone on the basics Consumer Credit wise I believe. I'm afraid I don't know what @ScottishSolicitor 's costs would be. However, as it is a small claim it is likely not cost effective to engage a solicitor and it isn't beyond the pail to defend the case yourselves, I know the Scots system can be a bitmore intimidating with the immediate court hearing rather than protracted correspondance down here, but all reports back have said it wasn't as bad as they#'d expected. I think Ruby has been a couple times

[Amethyst]

Thanks for reply, my wife is scared and wants me to phone them to make a settlement but cannot afford whole sum.

You could ( if you didn't feel you wanted to defend the case) make an installment offer keeping the case on hold ( sist ) as security in case you failed on payments - presumably there is a similar system to here with consent orders ( ScottishSolicitor ?) - that would mean no decree against you and time to pay.

[Kraken]

You could ( if you didn't feel you wanted to defend the case) make an installment offer keeping the case on hold ( sist ) as security in case you failed on payments - presumably there is a similar system to here with consent orders ( ScottishSolicitor ?) - that would mean no decree against you and time to pay.

So if phone them and offer £30 monyhly payment the court case will be postponed? Or they can still play sneaky, take the money (as first payment so 5/6 year period restarts)?

[jaguarsuk]

So if phone them and offer £30 monyhly payment the court case will be postponed? Or they can still play sneaky, take the money (as first payment so 5/6 year period restarts)?

Before you go phoning and potentially causing irreparable damage to your position I think you need to know what your actual position is.

Just because they have filed a claim it doesn't mean they're going to win, so you need to know what if you were to defend it you could argue and why? Then you need to weigh up whether you settle or proceed to defend.

At this stage you need to get the response form back by the date you have been given and you need to send a CCA request with the £1 statutory fee and a copy of the marriage certificate to the Claimant with a copy to their solicitors. You need to dispute having been informed of assignment or receipt of the default notice and ask for those to be produced.

They say they have these things, but what if they don't? Well if they don't then you have a defence.

Also, you should send a SAR to Next, asking for all the documents they have. If they don't have an application form or the terms and Cabot don't, how could Cabot get them? And then you have a defence.

It's your Procedure and you need to handle it how you see fit, but personally I want to know they have me banged to rights before I go coughing up my hard earned beer tokens.

[Amethyst]

Get any agreement you make in writing confirming that if they accept your offer the court case is on hold and no further charges / interest added detailing how much and how often payments will be made and that once paid that's the end of the matter. Make any offer without prejudice ( although I don't think it has as much recognition in Scots law as here http://www.brodies.com/binformed/leg...-a-magic-spell ) I'm sorry I don't know enough about the Scots court system to help you properly xxx

You've sent them your CCA request haven't you?

Have you had a read through the example defence ? http://legalbeagles.info/library/gui...etter-example/ - the CCA, assignment, default part stand, as does general evidence on the amount claimed.

And remember as Diana said

The deadline to send your Response to the court is 17th April 2017 so your back is not against the wall timewise which means you can take stock of the situation before jumping in with an offer which may be seen as a sign of weakness or at worst an admission of the claim despite any letter being headed WP.

[Diana M]

In England a Judgement order would issued on completion of the court process and if not settled within 28 days from the date of that order a CCJ entry applied to the credit file.

That's not correct.

In England this only happens if there is any further court involvement such as enforcement action (e.g. Warrant of Control or an Attachment of Earnings) or an Application to Vary the CCJ etc.

The only automatic notification of a CCJ to the Registry Trust (and therefore the CRA files) is in the case of Default Judgments and Admissions.

Joanna Connolly explains it here >

Re: PRA GROUP V's BRIGO



1. After a trial/hearing there is no requirement for the Claimant to notify the court when the Judgment debt is paid. It is only if they make an application to the court to enforce the Judgment (thereby notifying the court that the Judgment monies have not been paid) that the court would even notify Registry Online of the Judgment.


2. The only Judgments that are automatically sent by the court to the Registry Trust to be registered on your credit history are Default Judgments and admissions. If these judgments are not paid within 30 days (or a month) then the Judgment will stay on the defendant’s credit history for 6 years. If paid within the month then the judgment will be cancelled on the Register and removed from the credit history.


3. If Judgment is handed down by the court at the end of a trial or at a hearing for say £4,000 then if the order is silent on when it is to be paid it would be due within 14 days, or the court may order 21 or 29 days. The order is not automatically sent to Registry online at this point. There has to be some further action taken by either the claimant or the defendant in relation to the Judgment debt.


4. If the Defendant after the trial/hearing approaches the claimant and say for example informally agrees (without a consent order being signed) that they can pay the Judgment order of £4,000 over say 12 months by standing order then neither party has taken steps to either vary/enforce the order and as long as the payments are made the Judgment will not be sent by the court to Registry Online. The claimant still has the security of the Judgment that can be enforced if the defendant misses an instalment but the Defendant has the benefit that the Judgment will stay off their credit history.


5. If the Defendant pays the Judgment monies within the time period stipulated by the court , then again nothing is sent to Registry online


6. If the Defendant doesn't pay the Judgment monies and the creditor does not take any steps to enforce the Judgment (i.e bailiffs, attachment of earnings etc) then again until the creditor does take the step the Judgment won't be sent to Registry online.


7. If the OP makes an application to the court to vary the Judgment AFTER a trial/contested hearing then at that point the Judgment will be sent to Registry Online.

Di

[Ruby]

Diana M If Cabot Financial are unlicensed (post 14) how can they instruct a solicitor to pursue a debt in court?

[Nostrus]

Diana M If Cabot Financial are unlicensed (post 14) how can they instruct a solicitor to pursue a debt in court?

As they have purchased the debt from the original creditor, they have simply instructed a solicitor (Shoosmiths) to raise the matter through the Simple Procedure in the sheriff court. In theory, they could do this themselves as the point of the simple procedure is to be able to take a matter to the sheriff court, without the need for a solicitor.