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I have received today a Service Copy Writ/Summons from Paisley Sheriff Court for for just over £4000 with interest on that sum at the rate of 8% annually from the date of service, together with the expenses of bringing the claim.
The sum is bundled together for two credit cards (Vanquis and Aqua) with no breakdown of how much it is for each.
I did a CCA request back in the beginning of 2010 (both accounts were on the brink of just about becoming SB'd!!). Vanquis sent a generic credit card agreement with full terms but with no personal details/signature on it). Aqua did not send me a CCA agreement only an application form.. In the summons it states that the accounts were opened during 2006.
Now I am pretty sure that Vanquis is unenforceable at the very least due to no CCA however I am not too sure what to do about Aqua.
I am trying to stay calm, but obviously when you receive documents such like these through the post it is a bit unnerving.
I have read through some threads on court summons but they all seem to relate to England and I know things in Scotland can be a bit different.
Statement of claim:
1. The defender resides at the address as stated in the instance which is within the territory of this court and has been a resident for more than three months immediately prior to the raising of this action and is domiciled there. This court accordingly has jurisdiction. To the knowledge of the pursuers no proceeding are pending before any other court involving the present cause of action between the parties hereto nor is there any agreement between the parties prorogating jurisdication over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland.
2. On 7/1/06 and 15/12/06 the defender entered agreements with Bank of Scotland and Vanquis under which the defender borrowed from them sums of money repayable on demand. The said agreements were agreements regulated under the consumer credit action 1974. The defender failed to pay as agreed on demand and is in breach of contract with the Said Bank of Scotland and Vanquis. The said suppliers assigned all rights in the said debts to Cabot Financial UK Ltd and the pursuers have advised the defender of the same. The said sum of £4153 is the sum sued for. The pursuers have made frequent requests to the defender to make payment of the said sum bu the defender has refused or delayed to do so.
Please, please H E L P!!!
Also to add a paragraph from Aqua at the time I challenged them: (2010)
In summary , to comply with section 78 the copy does not need to be a copy with the customers signature on it. We do not have to produce an actual copy of the document signed. The purpose of section 78 is to allow debtors access to their terms and conditions of their credit agreement and by providing the debtor with a true copy of the terms and conditions of the agreement we have complied with section 78.
We no no obligation pursuant to sections 61 or 78 of the CCA to provide a signed copy of the agreement. The fact that we haven't provided one doesn't mean the client is relieved of the obligation to make payments pursuant to the agreement. Nonetheless, although we have no obligation to do so, we will endeavour to retrieve a copy of the signed agreement for you and will therefore be in touch in due course.
Next day I received through the post a signed application form, as requested?!
The sum is bundled together for two credit cards (Vanquis and Aqua) with no breakdown of how much it is for each.
I did a CCA request back in the beginning of 2010 (both accounts were on the brink of just about becoming SB'd!!). Vanquis sent a generic credit card agreement with full terms but with no personal details/signature on it). Aqua did not send me a CCA agreement only an application form.. In the summons it states that the accounts were opened during 2006.
Now I am pretty sure that Vanquis is unenforceable at the very least due to no CCA however I am not too sure what to do about Aqua.
I am trying to stay calm, but obviously when you receive documents such like these through the post it is a bit unnerving.
I have read through some threads on court summons but they all seem to relate to England and I know things in Scotland can be a bit different.
Statement of claim:
1. The defender resides at the address as stated in the instance which is within the territory of this court and has been a resident for more than three months immediately prior to the raising of this action and is domiciled there. This court accordingly has jurisdiction. To the knowledge of the pursuers no proceeding are pending before any other court involving the present cause of action between the parties hereto nor is there any agreement between the parties prorogating jurisdication over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland.
2. On 7/1/06 and 15/12/06 the defender entered agreements with Bank of Scotland and Vanquis under which the defender borrowed from them sums of money repayable on demand. The said agreements were agreements regulated under the consumer credit action 1974. The defender failed to pay as agreed on demand and is in breach of contract with the Said Bank of Scotland and Vanquis. The said suppliers assigned all rights in the said debts to Cabot Financial UK Ltd and the pursuers have advised the defender of the same. The said sum of £4153 is the sum sued for. The pursuers have made frequent requests to the defender to make payment of the said sum bu the defender has refused or delayed to do so.
Please, please H E L P!!!
Also to add a paragraph from Aqua at the time I challenged them: (2010)
In summary , to comply with section 78 the copy does not need to be a copy with the customers signature on it. We do not have to produce an actual copy of the document signed. The purpose of section 78 is to allow debtors access to their terms and conditions of their credit agreement and by providing the debtor with a true copy of the terms and conditions of the agreement we have complied with section 78.
We no no obligation pursuant to sections 61 or 78 of the CCA to provide a signed copy of the agreement. The fact that we haven't provided one doesn't mean the client is relieved of the obligation to make payments pursuant to the agreement. Nonetheless, although we have no obligation to do so, we will endeavour to retrieve a copy of the signed agreement for you and will therefore be in touch in due course.
Next day I received through the post a signed application form, as requested?!
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