Thankful for any advice please :(

[ScottishGal]

How old is the account? If newer than 2014 it痴 likely to be CCA compliant but this is still a very important step to take.
Yes, if your income/expenditure shows you have virtually nothing to spare then the payments will be very low. If you have any health issues or vulnerabilities, you should let their vulnerable persons team be aware.
As this account is not near time barring under the Limitation Act, you have little to lose by talking to them.

It was opened in 2018 and last payment was March 2020, I have struggled with my mental health, had counselling and been on medication since losing my brother so I have been vulnerable. Who's Vulnerable persons team do I speak to? Cabot or the court?

Thank you Celestine

[Celestine]

Cabot have a vulnerable persons team - based on your circumstances and health they would have a duty of care to consider your medical issues and would be likely to suspend legal action if you agreed a settlement plan.

[echat11]

I'm sorry, I don't mean to be a pest. I just find all this legal chat and jargon in the pack I have been sent really confusing & intimidating. I know you underlined that I need to read through the pack, I have and I don't know what to do for the best.

My options are: Offer to pay a little each month to minimize the disruption to my life or ask for CCA request to delay and possibly halt the proceedings against me if they don't have it?

I have 2 kids who rely on me and diligence is not an option

By sending the response form to the court and admitting the claim against me, am I setting myself up for court proceedings regardless if they find the CCA or not?


I think it might be best if I speak to my local CAB

Thanks for all your help, as always i do appreciate it.

You're definitely not a pest, you've done amazing to want to deal with the debt under your personal circumstances.
The Simple Procedure is designed to be 'informal' as much as it can be. The Courts in Scotland generally tend to be more understanding of peoples circumstances, etc.

Regardless of whether you defend the Simple Procedure Claim or not, you would only have to pay what you could afford to pay, even if that's ｣1 a month, because it's not a priority debt.

[ScottishGal]

Thank you so much to both of you, I genuinely really appreciate your time.

[ScottishSolicitor]

I would recommend making no concession at all until at least such time as they have complied with your CCA request. I would be happy to answer any direct questions you have as I am very familiar with these types of case

[ScottishGal]

Hi everyone, I have now received 2 let痴 from Cabot saying they don稚 have the Cca but have requesting this and will get back to me in 12 days. First letter was dated 8th October and second was the 18th October. What do I do if they haven稚 got back to me before the final date for response? Thank you in advance.

[MIKE770]

their problem not your sit on your hands

[ScottishGal]

Thank you Mike, I値l try my best lol

[ostell]

As long as you have complied with the requirements and dates for the court then yes, as advised, sit on hands

[ScottishGal]

So I now have 8 days until my final response date, I have had two letters from Cabot saying they are trying to locate my cca and will keep me updated? Do I still need to send the docs to the court by this date if they don稚 produce the cca from my request? I知 stuck in what to do next as the final response date is fast approaching.

[echat11]

So I now have 8 days until my final response date, I have had two letters from Cabot saying they are trying to locate my cca and will keep me updated? Do I still need to send the docs to the court by this date if they don稚 produce the cca from my request? I知 stuck in what to do next as the final response date is fast approaching.

What 'docs'?

You still have to defend their 'Simple Procedure Claim', it's just that part of your Defence is that they haven't provided you with a copy of your CCA. They seem to be stalling, but you have to get your Defence in on time. Otherwise they will request a CCJ against.

[ScottishGal]

Ok, I was leaving it until I got a definitive answer from Cabot regarding the Cca request but my final response date is this Tuesday so I値l get it all posted 1st class signed for tomorrow or do it online. Do I just state that I have requested the cca and I知 waiting to hear back from them as my defence as all I can see is the option to ask for more time to pay? Thanks again everyone.

[MIKE770]

when doing defence id situation you state on such a date a request for CCA1974 (accompanied by ｣1.00) was made to date no response.

[echat11]

Ok, I was leaving it until I got a definitive answer from Cabot regarding the Cca request but my final response date is this Tuesday so I値l get it all posted 1st class signed for tomorrow or do it online. Do I just state that I have requested the cca and I知 waiting to hear back from them as my defence as all I can see is the option to ask for more time to pay? Thanks again everyone.

As Mike says, you need to get your Defence in. You can use parts of the following (only the parts that apply).
You should already have the Simple Procedure format in the documents sent to you by the Scottish court.

https://legalbeagles.info/library/gu...-court-claims/

[ScottishGal]

Thank you so much echat11 & MIKE770, I値l get it all posted away tomorrow. Your guidance in all of this has been so so appreciated. Thank you for helping me and expecting nothing in return. Kindness like this is so rare x