Cabot court citation scotland

[Dannyb81]

Hello all, I have received a Scottish court citation from a debt Cabot obviously recently bought - They are saying I defaulted in 2008 and was issued with a notice then. I have lived in Scotland for over 5 years and have not paid anything or acknowledged the alleged debt for over 5 years. I was issued the citation 10 July 2019 and have until 31st to respond. Coincidentally 31st July 2014 is mentioned on the citation as when I made a final payment to the account. I have evidence that this is not true in the way of bank statement, I presume Cabot have fabricated this payment to keep it within the statute period. The sum they seek is for just over 5k, and I understand that it is more complicated procedure to defend in Scottish court than if it were under 5k. I wish to send the court notice of intention to defend. My question is can I still send a CCA request to Cabot at this stage or is it too late now they have started court action? Any advice would be greatly appreciated. I have contacted a few local solicitors but I don’t qualify for legal aid and they all want high fees just to look at the papers.

Many thanks in advance

[Nostrus]

Hello,

You are correct that if a pursued debt is over £5k in Scotland, it is more troublesome to defend. It will be heard in an Ordinary Cause court, rather than the Simple Procedure system.

You need to return the NID to the court before the stated date, otherwise the pursuer could obtain a decree in absentia, which becomes even more troublesome.

Note that you do not need to provide a defence at this time, only notification that you intend to do so.

I would not suggest that you try to take them on alone, as it will be their solicitors versus yourself, and they will have vastly more experience. Do remember that all expenses incurred by yourself can be recouped, as long as you win the case.

Seek independent legal advice.

As regards the CCA, I don't believe it is too late but perhaps someone with more experience in that matter can assist.

[ScottishSolicitor]

I have contacted a few local solicitors but I don’t qualify for legal aid and they all want high fees just to look at the papers.

Many thanks in advance [/QUOTE]

Hi from what you write, there may be a number of lines of defence that could be explored. My firm has defended many of these cases successfully for clients. On the point about a CCA request yes you can still do this. Happy to look at the papers you have without charge